How Long Does a DUI or DWAI Stay on Your Record In Colorado?
A conviction for Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) in Colorado has serious long-term consequences as well as immediate penalties, such as jail time, fines, license revocation, an ignition interlock device on your vehicle, and mandatory attendance in a drug rehabilitation program. A conviction also means points on your driving record and a black mark on your criminal record. But how long does a DUI stay on your record in Colorado?
An experienced Colorado Springs DUI attorney can answer your questions based on the unique circumstances of your case.
An Adult Criminal Record Is Permanent In Colorado, Including for DUI/DWAI Convictions
DUI convictions for adults are not expungeable, but remain on a criminal record permanently. This allows the justice system to impose increasingly harsh penalties for any subsequent convictions. A DUI offense remains a part of the offender’s criminal record regardless of whether the conviction came from a plea deal, guilty verdict, or after a deferred sentence. However, the following could apply to your DUI arrest depending on the unique circumstances of your case:
- If you were arrested for DUI and not convicted, the record of the arrest is automatically sealed one year after the arrest, as long as you haven’t been charged with a second DUI or criminal offense during that period
- If the DUI charge was later dismissed, overturned, or you were acquitted in court, you may file a motion to seal your arrest record if it has been ten years after the date of the dismissal or acquittal
Except under the above circumstances, a DUI or DWAI appears indefinitely on your background checks, potentially impacting employment opportunities and auto insurance rates.
How Long Does a DUI Conviction Remain on Your Record In Colorado?
Unlike an adult DUI record, a sealed record or expungement for a DUI record is possible for an individual who was a minor at the time of their conviction. After an underage drinking and driving (UDD) conviction, the offender’s record may be sealed if the case meets the following conditions:
- They had a blood alcohol content (BAC) level of less than 0.5%
- They were not driving a commercial vehicle during the arrest or held a commercial driver’s license (CDL)
- They do not have additional UDD convictions
Once an individual with a UDD conviction on their record turns 21, they may file a motion to seal their record.
A minor convicted of DUI or DWAI in Colorado may file a motion to expunge their record one year after completing probation and paying any court-ordered restitution, if they haven’t had subsequent convictions for a sex crime or weapons possession, and are not facing misdemeanor or felony charges.
Does a DUI or DWAI Stay on My Driving Record Permanently In Colorado?
A DUI conviction remains on your driving record for ten years after the conviction date. This has substantial impacts on auto insurance rates and adversely affects an attempt to obtain a commercial driver’s license (CDL) in Colorado.
If you have questions about the impact of a permanent DUI criminal record in Colorado and your legal rights and options, an experienced Colorado Springs criminal defense lawyer can help.