Underage Drinking and DUI Expungement
Will a criminal arrest or conviction for underage drinking and driving (UDD) in Denver stay on your record, or on your child’s record, forever? Generally speaking, it can be possible to expunge UDD cases for juveniles, but it is always a better option to defend against the original UDD charges prior to a conviction in order to avoid having a conviction on your record or your child’s record. Once a UDD conviction is on a juvenile record, however, expungement may be a possibility depending on the circumstances. Yet there are certain circumstances in which a criminal case for underage drinking and driving cannot be expunged and will remain on a criminal record. Consider the following information from our Denver UDD defense lawyers.
What is an Underage Drinking Charge in Colorado?
Under Colorado law, if a person under the age of 21 — the legal drinking age — has a blood alcohol concentration of at least 0.02 percent but under 0.05 percent, then they can be charged with an offense that is a traffic infraction known as underage drinking and driving (UDD). It is not a criminal misdemeanor or felony as driving while ability impaired (DWAI) or driving under the influence (DUI) are often charged for first offenses in Colorado.
If a person under the age of 21 has a blood alcohol concentration of 0.05 percent or higher, then they will likely face charges for a DWAI or DUI rather than the lesser UDD.
When Can Underage Drinking Cases Be Expunged?
A juvenile UDD record may be eligible to be expunged if you have no other alcohol-related convictions and you completed the terms of the sentence for your UDD infraction. You can seek an expungement of your juvenile UDD record once you turn 21 years old, or in some cases a parent or guardian can make the expungement request to the court. This request is made by filing a Petition to Expunge Juvenile Records.
If you were charged with a DWAI or DUI, even as a minor, these records cannot be expunged. They also cannot even be sealed, regardless of your age at the time of the offense.
Contact a Denver DUI Defense Lawyer Today for Assistance with an Underage Drinking and Driving Case or Expunging a UDD
Were you recently arrested for a UDD, or were you convicted of a UDD in the past and seeking to have this conviction expunged? Or, do you have a teenage child who was recently charged with a UDD or who needs to seek expungement of a UDD from their juvenile record? It is important to seek legal advice whether you need assistance defending against UDD charges or seeking to expunge a UDD — for yourself or for your teenager. One of the experienced Denver DUI and DWAI defense attorneys at DeChant Law can speak with you today to learn more about the UDD case and to provide you with more information about defending against the charges or moving forward with a petition for expungement. Contact our firm to learn more about the DWAI, DUI, and UDD defense services we provide to clients in Colorado.
Source:
law.justia.com/codes/colorado/title-19/article-1/part-3/section-19-1-306/
