One significant consequence of a DUI arrest or conviction in Colorado is the likelihood of a criminal record for DUI. This record can have far-reaching implications, affecting various aspects of your life, including employment opportunities, housing prospects, and personal relationships.
DUI convictions may remain on your record forever, potentially impacting your reputation and future endeavors. To know how long a DUI stays on your record in Colorado and to learn more about DUI penalties in Colorado, consult a seasoned Denver DUI defense lawyer today.
When Will a DUI in Colorado Appear on a Criminal Record?
Colorado motorists should know that drunk driving can potentially result in a criminal record. Even if you are merely arrested for a DUI or face charges but ultimately cleared of wrongdoing, the case may still show up on background checks.
This means that simply the occurrence of a DUI-related incident can have lasting implications for your life.
DUI Record Duration in Colorado: What Is the “Look Back” Period?
The “look back” period, also known as the “washout period,” pertains to the duration within which previous criminal convictions or cases on an individual’s record can influence subsequent cases. At present, there is no fixed look-back period specifically designated for DUIs in Colorado.
This means any prior DUI offense or guilty plea in Colorado can be noted on an individual’s criminal record and may impact potential charges and penalties in a future DUI case. However, as a general guideline, a period ranging from five to seven years is typically observed as the look-back period in Colorado.
Expungement of DUI Records in Colorado
Expungement refers to the process of removing certain criminal records from an individual’s file, effectively erasing or sealing them from public view. In Colorado, expungement is typically pursued to clear one’s record of past offenses.
Eligibility Criteria
To qualify for expungement of a DUI case in Colorado, several conditions must be met:
- No Conviction: The individual must never have been convicted of a DUI offense.
- Timeframe: The DUI case must have occurred a significant period ago, typically at least 10 years prior to seeking expungement.
- Clean Record: The individual must not have incurred any new criminal history since the DUI case occurred.
Process of Expungement
If all eligibility criteria are met, individuals can initiate the expungement process. This often involves filing a petition or application with the court requesting the removal of the DUI case from their criminal record.
Benefits of Expungement
Expunging a DUI case can have significant benefits for individuals, including:
- Improved employment prospects: A clean record can enhance job opportunities by eliminating barriers associated with a DUI conviction.
- Enhanced reputation: Removing a DUI from one’s criminal record can help restore their reputation and standing in the community.
- Peace of mind: Expungement provides individuals with the assurance that their past mistakes are no longer a hindrance to their present and future endeavors.
A skilled Denver DUI attorney with knowledge of expungement matters can assess the individual’s eligibility, guide them through the legal process, and advocate on their behalf to expunge a DUI from their record.
How Long Does a DUI Stay on Your Record in Colorado?
Public Record Status
Upon conviction of a crime, including DUI, it becomes a matter of public record in Colorado. This means that the DUI conviction remains on the record and information regarding the conviction is accessible to the public.
Indefinite Presence on Your Record
A DUI will stay on your record indefinitely in Colorado, potentially impacting various aspects of the individual’s life apart from facing driver’s license suspension, community service, and potential imprisonment. It may affect employment opportunities, housing, and personal relationships.
No Eligibility for Expungement
Unfortunately, individuals found guilty of DUI in Colorado are generally not eligible for expungement under state law. Even if you plead guilty to DUI as part of a plea agreement or are convicted by a judge or jury, you cannot seek expungement for the DUI conviction.
Exclusion from Diversion Programs
Unlike some other criminal offenses that may qualify for diversion programs, which allow individuals to avoid a conviction by meeting specific requirements, DUI charges typically do not qualify for such programs in Colorado. This means that individuals convicted of DUI cannot pursue alternative routes to avoid having the conviction on their record.
How Long Does a DUI Conviction Stay on Your Driving Record in Colorado?
Following a DUI conviction, even if your license is reinstated, the DUI conviction will still be recorded on your driving record. In Colorado, a DUI charge remains on your driving record for 10 years, and it accrues 12 points against your license. However, completing a Defensive Driving course may help reduce some of these points.
Although you cannot remove the conviction from your DMV record for 10 years, insurance companies typically consider only the last 10 years of driving history when determining insurance premiums. Therefore, while the DUI conviction will impact your insurance rates, insurers typically do not delve further back than a decade into your driving record.
Get a Proven and Capable DUI Defense Lawyer in Denver on Your Side
For powerful DUI defense in Colorado, entrust your case to Richard B. Huttner, a top-rated DUI attorney with an impressive array of qualifications. As a founding member of the National College of DUI Defense and with certifications including the Intoxilyzer 9000, Intoxilyzer 5000EN, and NHTSA Standardized Field Sobriety Testing, Richard Huttner brings unmatched expertise to every case.
With his specialized training and extensive experience, you can rest assured that your defense is in capable hands. To schedule a consultation, call the Law Office of Richard B. Huttner today at 303-997-1928 or contact us online.
