Colorado Drinking Age Laws

According to JJL, in Colorado, individuals must be at least 21 years old to consume or possess alcohol (12-47-901) or ethyl alcohol (18-13-122(3)), and to work in or enter a liquor store (12-47-901(b)). However, individuals aged 18 and older may serve alcohol at on-premise locations (SB17-237) [1].

People under age 21 in Colorado are not allowed to possess or consume alcohol. Colorado, like every other state, has minor in possession laws that make underage drinking illegal. Suppose a police officer suspects that an underage person has consumed alcohol or has alcoholic drinks within their immediate control. In that case, they may ask the minor to undergo a breathalyzer test to determine whether or not the minor consumed alcohol

If charged with underage drinking, it is advisable to consult a defense lawyer.

Exceptions for Underage Drinking in Colorado

According to ShazamLaw, under Colorado law, there are specific exceptions where underage drinking is permitted [2]. These exceptions include:

Private Property: Generally speaking, the owner of the home or property must agree to the consumption of alcohol by underage drinkers. Moreover, the parent of the underage person must also consent to their child’s consumption of alcohol.”

Food: Alcohol in food must comply with regulations and can be consumed by those under 21.
Medical or Hygienic Purposes: Alcohol consumption for these reasons is exempt from the law.
Educational Reasons: This includes situations where a server is being instructed by an expert or a student is tasting alcohol in a classroom setting, provided they spit out the liquid after tasting.
Religious Purposes: Consuming wine during religious ceremonies, such as the Catholic Eucharist, is protected under religious freedom.
Reporting Medical Emergencies: Underage individuals who call 911 to report another minor in need of medical assistance will not be prosecuted, provided they stay at the scene and cooperate with law enforcement.

Colorado Minor in Possession Laws

Under Colorado law (Colorado Revised Statutes Section 18-13-122), Minor in Possession or Consumption of Alcohol (MIP MIC) is punishable by:

First Conviction: A fine of up to $250.
Second Conviction: A fine of up to $500.
Third and Subsequent Convictions: Classified as a jailable Class 2 Misdemeanor.

Penalties also include up to 24 hours of community service, an alcohol evaluation or assessment, and participation in an alcohol education or treatment program, all at the defendant’s expense.

Driver’s License Consequences

The Colorado Department of Revenue may revoke the driver’s license of anyone convicted of MIP MIC:

First Conviction: Three-month revocation, which may be waived upon completion of the required alcohol class.
Second Conviction: Six-month revocation.
Third and Subsequent Convictions: One-year revocation and the offense becomes a jail-able misdemeanor.

For more details on driver’s license consequences, refer to Colorado Revised Statutes Section 42-2-125 or contact the Colorado Department of Revenue. Reinstating your license requires paying a reinstatement fee and retaking both the written and driving tests.

Penalties for Underage Drinking and Driving

Under Colorado traffic laws, underage drinking and driving (UDD) is a Class A traffic infraction for the first offense, resulting in community service, mandatory fines, license suspension, and mandatory alcohol treatment. A second offense brings more severe penalties, including a longer license suspension. A third or subsequent offense is classified as a Class 2 traffic misdemeanor, carrying even harsher penalties.

Aggravating factors, such as causing a car crash that results in bodily harm or property damage, can lead to significantly more severe penalties for UDD or DUI convictions.

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References:

1. https://johnjoynerlaw.com/what-is-the-legal-drinking-age-in-colorado/
2. https://www.shazamlaw.com/articles/what-are-the-rules-for-legal-underage-drinking-in-colorado/

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