Getting arrested for driving under the influence in Colorado automatically saddles you with a DUI arrest record.
The police create this report and it becomes a part of the public record. That’s why it’s vital to understand what an arrest record is and how it can impact your future – whether you are ultimately convicted of a DUI in the state or not. Read on to find out what you need to know.
DUIs in Colorado
It is illegal in Colorado to operate a motor vehicle if you are under the influence of drugs or alcohol. Specifically, you cannot legally operate a vehicle if your blood alcohol level is above 0.08 percent or you are impaired by drugs or alcohol.
However, our laws go beyond that. You can be arrested for driving while ability impaired (DWAI) in Colorado with a blood alcohol level of between 0.05 and 0.08 percent. For this offense, the officer only has to observe that you are too impaired to drive safely.
Ultimately, if you are arrested, charged, and found guilty of a DUI or DWAI in Colorado, criminal and administrative penalties will follow. The criminal penalties include time in jail, drug and alcohol education classes, probation, fines, and community service. The administrative penalties include having your license revoked and even your car impounded if the situation is serious enough.
If you have a history of DUIs or DWAIs on your record, you will face more severe penalties for each infraction.
What Is a Dui Arrest Record?
As mentioned above, this record is created by police after they arrest you for a DUI. It details your arrest, the nature of your offense, any results from chemical tests administered at the scene, photos of you at booking, and any information on ensuing court proceedings.
DUI arrest records will show up on background checks, but in Colorado, the law forbids potential employers from asking about arrest records unless that arrest led to a conviction.
Are Denver Arrest Records Public?
When you are arrested for a DUI, it is considered part of the public record. Often, arrest records can be accessed easily through the local court that takes jurisdiction over your case or the law enforcement agency that arrested you.
If you are ultimately not found guilty of the DUI offense, you can work with a DUI attorney to seal your arrest record. If you were arrested but never even charged, ask the court to seal your record.
How to Get Your Colorado DUI Arrest Record
Sometimes you can simply request a copy of your arrest record from the police department that made your arrest. However, most cases will require you to request a copy of your arrest record from the prosecutor handling your case. Your attorney can help you to make this request.
Remember, an arrest record is not the same as a criminal record, but it can still impact your future. If you have charges against you dismissed with the help of your attorney, or charges are never brought against you, it’s vital to ensure that your arrest record for the crime is sealed so it won’t impact your future.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2022” and a “Top 100 Trial Lawyers in Colorado” for 2012-2022 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2022. Ms. Diego has also been recognized for her work in domestic violence cases.