How long Does a DWAI Stay on Your Record in Colorado?

Driving While Ability Impaired (DWAI) is a criminal offense in Colorado with legal and long-term implications affecting every area of your life. You've been charged with a DWAI Colorado first offense and don't know how long the offense will stay on your record and if it is sealable or not. It is pertinent to know the legal implications, record retention, and ability to seal or expunge.

What is a DWAI in Colorado?

A DWAI in Colorado is less severe than a DUI (Driving Under the Influence), but it is criminal nonetheless. A DWAI is when your ability to drive your vehicle was impaired to some extent by alcohol or drugs. As opposed to a DUI, where your blood alcohol level (BAC) must be at least 0.08%, a DWAI can be leveled if your BAC is 0.05% to 0.079%, or if the police determine that your drive was affected by some substance.

A DWAI, although not as serious as a DUI, does involve fines, potential jail time, and long-term implications for your driving record and criminal record.

How Long Does a DWAI Remain on Your Record?

A Colorado DWAI remains on your criminal record indefinitely unless you formally petition a court to seal or expunge it. However, how it affects your driver's record and legal ramifications from then on will vary based on several factors:

1. Criminal Record

A DWAI is a crime and will remain on your criminal record forever. Unlike some minor crimes that fade away after a few years, a DWAI will not fade away. It will appear on background checks conducted by employers, landlords, and banks.

2. Driving Record

DWAI conviction normally stays on your driving record for 10 years. It will be visible to insurance providers and police if they check your background. It will impact your capability to get cheap car insurance and could result in increased premium in the future.

3. Effect on Future Offenses

Colorado also has a lifetime lookback period for alcohol-related driving convictions. What that implies is if you are later convicted of DWAI or DUI, even if your initial DWAI was a number of years ago, you can use your original DWAI as a prior conviction, and this will subject you to higher penalties.

Is It Possible to Get a DWAI Expunged or Sealed in Colorado?

Colorado does not permit expungement or sealing DWAI or DUI convictions. It is a permanent record of your criminal history once convicted. Unlike other misdemeanor charges that can be sealed after some time, a DWAI will be available through background checks.

But if the DWAI charge was dismissed against you or you were acquitted, you might be able to have the court seal it on your record. What this does is that when you were charged but not convicted, you can attempt to have it erased from public records.

How to Minimize the Consequences of a DWAI?

Since a DWAI conviction can't be erased from your record, it's best to do everything in your power to limit its long-term effect:

1. Drive Responsibly in the Future

Avoiding other offenses is paramount. A second DWAI or a DUI will have more serious repercussions, such as longer jail time, greater fines, and a suspended driver's license.

2. Seek Legal Aid

If you are arrested for DWAI Colorado first offense, a skilled DUI attorney can assist. A lawyer can possibly have the charge lowered or investigate other sentencing options, such as diversion programs.

3. Take Defensive Driving Courses

Taking a defensive driving course has the potential to lower insurance rates following a DWAI conviction. It also shows responsibility and dedication to safe driving.

4. Check Your Driving Record

Check your driving record every so often to make sure there are no errors or other violations listed. Errors do occasionally happen, and it is beneficial to get them taken off as soon as possible.

Wrapping Up

A DWAI in Colorado has long-lasting implications, specifically because it is on your criminal record for the rest of your life and your driving record for a minimum of 10 years. Unlike some offenses, it will not be possible to expunge or seal the conviction in case you are found guilty. Getting an understanding of what the future implications of a DWAI are going to be and taking proactive measures to limit its impact is going to help you progress with your life without any more legal issues.

If you are charged with a DWAI Colorado first offense, it is best that you seek the services of a legal expert who can advise you on what to do. Doing things the right way from the very beginning can mean a big difference as to how this offense will impact your future.