If you are convicted as an adult of driving under the influence (DUI) in Colorado, the arrest and conviction will stay on your criminal record permanently. That means the DUI will show up in background checks, which could affect future employment opportunities and lead to harsher penalties if you are convicted of a DUI again. Also, the DUI conviction will stay on your driving record for 10 years, which can result in a long period of high car insurance rates and jeopardize your driving privileges.
The Impact of a DUI on Your Criminal Record and Driving Record
Under Colorado law, if you are convicted of a DUI, you can face tough punishment even though it is a misdemeanor offense and even when you have no prior adult DUI convictions on your record. For instance, the penalties include five days to one year in jail, a nine-month license suspension, and 12 points added to your driving record.
The penalties grow harsher if you are convicted of subsequent DUIs after a prior conviction. In addition to getting 12 points tacked onto your driver’s license, you face a minimum of 10 days in jail and a 12-month suspension of your driver’s license for a second DUI conviction, and a minimum of 60 days in jail and a 24-month license suspension for a third DUI. A fourth DUI is a Class 4 felony offense, which carries not only a 24-month driver’s license suspension but also a potential 2-to-6-year prison sentence.
Can a DUI Be Expunged in Colorado?
In some situations, a conviction can be expunged, meaning it is removed from your criminal record, or sealed, meaning it stays on your record but is kept from the general public’s view and won’t appear in a background check. Unfortunately, an adult DUI conviction in Colorado is not one of those situations.
In Colorado, an adult DUI conviction can never be expunged or sealed, regardless of whether it resulted from a guilty verdict, guilty plea, or the charge was dismissed after completion of a deferred judgment and sentence. As a result, you face greater punishment for a DUI conviction if you have a prior DUI on your record, no matter how long ago it occurred.
An adult DUI arrest in Colorado without a conviction is different. The arrest record must be automatically sealed if it occurred on or after January 1, 2022, and one year passed without a DUI charge filed against you. For arrests before that date, the period is longer.
If you were charged as an adult with a DUI, but the charge was later dismissed, or if you were acquitted at trial, you can file a motion to seal the arrest record. To be eligible, 10 years must have passed since the date of the dismissal or acquittal, and you cannot have been charged with a criminal offense during that period. However, you cannot owe any fees, court costs, or restitution.
Additionally, if you were convicted of a DUI as a juvenile or underage drinking and driving (UDD), the record could be expunged after you reach age 21 if you completed all the terms of your sentence and you have no other convictions in your criminal history.
Employment Challenges After a DUI Conviction
When you have a DUI arrest or conviction on your record, it can hurt your ability to get employment. This DUI employment impact may be due, in part, to the seriousness of a DUI arrest and the stigma that employers attach to people convicted on DUI charges or other offenses. Although you cannot keep a potential employer from learning about a DUI conviction if they check your criminal record, getting your DUI arrest sealed will keep it from the employer’s view and allow you to legally tell the employer that you have no prior DUI in your criminal records.
Legal Options for Reducing DUI Penalties
Given the possible effects of a DUI on your liberty, your driver’s license, and your future, you should seek help from an experienced and dedicated DUI defense attorney at Peakstone Law Group, formerly known as Patterson Weaver, as soon as possible after a DUI arrest in Colorado. We can help you understand the possible long-term consequences of a DUI, develop a solid defense strategy, and explore all your options for avoiding or reducing the DUI penalties you face.
No matter what happens in life, we are here to help. To learn more, contact us today to schedule a free consultation about your case with the DUI lawyers at our law office.