Will an Underage Drunk Driving Conviction Stay On My Record?

Whether you are convicted of driving while ability impaired (DWAI) or driving under the influence (DUI) in Colorado, it is critical to understand that having a prior conviction can impact the outcome of a subsequent DWAI or DUI case. And although Colorado law does allow some criminal convictions to be sealed or expunged, DWAI and DUI convictions are among the exceptions — it is not possible to have these convictions sealed or expunged, and they will remain on your record forever. However, you might be wondering if the same is true for an underage driving and driving conviction.

Given that many juvenile offenses can be expunged, or records can be sealed once the juvenile reaches the age of majority or a certain legal age, it is important to know whether drunk driving convictions for minors are similar. In other words, will an underage drunk driving conviction stay on a criminal record for the rest of a person’s life? The short answer is that certain underage drinking and driving records are among the one type of intoxicated driving-related conviction that may be expunged. Our Denver DUI defense attorneys can say more.

What Are Underage Intoxicated Driving Charges in Colorado? 

In Colorado, if a person under the age of 21 and is arrested for driving with a blood alcohol concentration (BAC) of between 0.02 percent and 0.05 percent — less than a BAC that would result in either DWAI or DUI charges for an adult — then that underage motorist can be charged with an offense known as underage drinking and driving, or a UDD. A first UDD conviction is a Class A traffic infraction, but a second or subsequent UDD are charged as criminal misdemeanors and can result in jail time.

If an underage driver has a BAC of 0.05 or higher, however, that driver can still face DWAI or DUI charges, depending on the amount of alcohol in their system and other relevant factors.

UDD May Be Sealed 

While traffic offenses, DWAIs, and DUIs cannot be sealed or expunged, there is an exception for a first and only UDD conviction. Under Colorado law, once a person who was convicted of a UDD reaches at least the age of 21, they may be eligible to have their record of a UDD sealed. In fact, UDDs are the only types of impaired driving conviction that can be sealed.

In order for your UDD to be sealed, all of the following must be true:

• You are at least 21 years old;
• You had no other underage intoxicated driving convictions (i.e., no other UDDs, and no DWAI or DUI charges);
• You completed any terms of your sentence;
• You were not driving a commercial vehicle at the time of your UDD; and
• You have never held a commercial driver’s license (CDL).

If all of these are true, you can file a petition to have your UDD sealed.

Contact a Denver UDD Defense Attorney 

Do you need help having a UDD sealed? One of the experienced Denver DUI defense lawyers at DeChant Law can begin working with you today on your petition. Contact us to learn more about how we can help and to get started on your case.

Sources:

law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/

coloradodefenders.us/for-clients/client-resources/sealing-your-record/