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Can I get rid of my drunk driving charge?

Posted on June 3, 2021

Colorado has some of the harshest drunk driving laws in the nation. The charge of DUI results from having a blood alcohol level of 0.08 or above. The state also has Driving While Ability Impaired. The police may charge you with a DWAI if you drive with a blood alcohol level of 0.05 to 0.079. 

If the police charged you with a DUI or DWAI, the possibility of expungement might keep you from losing out on job offers or places to live. Colorado only allows expungement for certain offenses. Is DUI or DWAI among those? 

No conviction

To expunge a DUI or DWAI charge, you must not have a drunk driving conviction. You also cannot plead guilty. Law enforcement must drop or dismiss the charges for you to be eligible. 

You must wait 10 years before petitioning for expungement of a DUI or DWAI. During those 10 years, you must not have any new criminal charges or cases. You must have a clean record. 

Underage Drinking and Driving

Colorado law allows you to apply for expungement if you received a UDD charge. The alcohol level content must be between 0.02 and 0.05. To apply, you must: 

  • Present a request to the court 
  • Be over 21 years old 
  • Not convicted of another drunk driving offense when under 21 
  • Pay fines, surcharges and completes requirements set by the court 
  • Never held a commercial driver’s license 
  • Was not driving a commercial motor vehicle 

Be careful when going out on the town for a night of drinking. Knowing the law may keep you from making a mistake that impacts your future.