Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Colorado Revised Statutes § 42-4-1301(2)(d) C.R.S. makes it a crime to drink and drive while underage (under 21). People convicted of underage drinking and driving (UDD) can get the record expunged if all of the following conditions are true:
People eligible to seal their UDD convictions need to file a motion in the court that heard their case. A criminal defense attorney can do the paperwork and appear for the court hearing.
People adjudicated delinquent of DWAI in juvenile court can usually apply for a record expungement one (1) year after they complete probation if all of the following conditions are true:
People eligible to expunge their juvenile DWAI cases need to file a motion in the court that heard their case. A criminal defense attorney can do the paperwork and appear for the court hearing.
Learn more about expunging Colorado juvenile records under Colorado Revised Statutes § 19-1-103 C.R.S.
People whose Colorado DWAI charges have been dismissed without conditions may be eligible to get a record seal right away. But people who had their DWAI charges dismissed as part of a deferred judgment under Colorado Revised Statutes § 18-1.3-102 C.R.S. are ineligible for a record seal.
Note that record “seals” are largely the same as record “expungements” in Colorado.
Colorado Revised Statutes § 42-4-1301 (1)(g) C.R.S. makes it a DWAI to drive while affected by alcohol or drugs even by “the slightest degree.” In general, people are vulnerable to DWAI arrests for driving with a blood alcohol content of over .05% but less than the legal limit of .08%.
Penalties for DWAI increase with each successive offense:
A first-time DWAI offense carries:
A second- or third-time DWAI offense carries:
And a fourth-time DWAI is prosecuted as a felony, which carries:
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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