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Underage Drinking and Fake ID Laws in Colorado

How Colorado law treats underage drinking and fake ids: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A person under 21 who possesses or drinks alcohol anywhere in Colorado commits illegal possession or consumption of ethyl alcohol by an underage person, a strict-liability unclassified petty offense. C.R.S. § 18-13-122(3), (4); C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503

Underage drinking and fake IDsA person under 21 who possesses or drinks alcohol anywhere in Colorado commits illegal possession or consumption of ethyl alcohol by an underage person, a strict-liability unclassified petty offense. A first offense brings a fine of up to $100, a substance-abuse education program, or both; a second, a fine of up to $100 plus required education, assessment and treatment if needed, and up to 24 hours of public service; a third or later, a fine of up to $250, required assessment and treatment, and up to 36 hours of public service, plus a $25 surcharge. Prosecutors are encouraged to offer diversion.
Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services).

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FAQ

What happens if you are caught drinking under 21 in Colorado?
A person under 21 who possesses or drinks alcohol anywhere in Colorado commits illegal possession or consumption of ethyl alcohol by an underage person, a strict-liability unclassified petty offense. A first offense brings a fine of up to $100, a substance-abuse education program, or both; a second, a fine of up to $100 plus required education, assessment and treatment if needed, and up to 24 hours of public service; a third or later, a fine of up to $250, required assessment and treatment, and up to 36 hours of public service, plus a $25 surcharge. Prosecutors are encouraged to offer diversion.
Can I get a court-appointed lawyer for underage drinking and fake ids in Colorado?
Colorado's rule on court-appointed lawyers: The Colorado State Public Defender represents, without charge (except the processing fee), indigent persons charged with felonies, and indigent persons charged with misdemeanors that carry a possible sentence of incarceration, among others. The public defender makes the determination of indigency, subject to court review, under fiscal standards set by the Colorado Supreme Court. The person must submit an application signed under oath and under penalty of perjury; a copy goes to the prosecutor, who may request a hearing on eligibility. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if court-appointed counsel enters an appearance; the fee is assessed at sentencing or final disposition and may be waived if the court finds the person lacks the financial resources to pay. Juveniles and their parents or guardians do not pay the fee. C.R.S. § 21-1-103
How much does a lawyer for underage drinking and fake ids cost in Colorado?
Lawyers set their own fees, and Colorado has rules on how they may charge. See hiring a criminal defense lawyer in Colorado for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for underage drinking and fake ids in Colorado?
How release before trial works in Colorado: All persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption is great, or when, after a hearing held within ninety-six hours of arrest, the court finds the proof is evident or the presumption great and that the public would be placed in significant peril if the accused were released, for listed charges (such as a crime of violence while on probation, parole or bail for a prior crime of violence, a crime of violence after prior felony convictions, and sexual assault offenses). At the first appearance of a person in custody, the court determines the type of bond and conditions of release, which must be sufficient to reasonably ensure appearance and protect the safety of any person or the community, taking into consideration the person's financial condition. The court must presume all persons are eligible for release on bond with the appropriate and least-restrictive conditions; a monetary condition of release must be reasonable. If a court uses a bond schedule, it must consider individualized risk and circumstances and not solely the level of offense; courts use an empirically developed risk assessment instrument where available. Bond types range from an unsecured personal recognizance bond to secured bonds. For offenses punishable by fine only, any monetary condition may not exceed the maximum fine. C.R.S. §§ 16-4-101, 16-4-103, 16-4-104; Colo. Const. art. II, § 19 What happens after an arrest.
Can a conviction for underage drinking and fake ids be removed from my record in Colorado?
Each state sets its own rules for sealing or expunging records. See Colorado expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.