Record expungements for “Underage Drinking and Driving” (UDD) in Colorado
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:- their blood alcohol content was less than .05%,
- they were not driving a commercial vehicle during the UDD,
- they never held a commercial driver’s license,
- they completed all the terms of the UDD sentence (such as paying fines and performing community service),
- they are currently at least 21-years-old, and
- they have no other UDD convictions
Record expungements in juvenile DWAI cases in Colorado
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:- they have not since been adjudicated as a juvenile delinquent for — or convicted of — any crime involving domestic abuse, sex crimes, or possession of a weapon,
- they are not currently facing any felony, misdemeanor, or delinquency actions, and
- they have already paid any court-ordered restitution (or are currently on a restitution repayment agreement with the court collections investigator)
Sealing DWAI cases that have been dismissed in Colorado
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.DWAI laws 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:- 2 days to 180 days in jail,
- A fine of $200 to $500,
- 24 to 48 hours of community service, and
- 8 points on the DMV driving record
- 10 days to one year in jail,
- A fine of $600 to $1,500,
- 48 to 120 hours of community service, and
- 8 points on the DMV driving record
- A fine of $2,000 to $500,000,
- 2 to 6 years in Colorado State Prison, and
- 3 years of mandatory parole
