Colorado DWI Probation Lawyer
Colorado Probation Violation
What probation can you expect with a DUI or DWAI conviction in Colorado? Most Colorado courts will impose probation without jail for a first DUI or DWAI under 0.2 BAC. Probation of from six months to a year is normal for a first DUI. If your alcohol level was over 0.02 or you are convicted of a second or third DUI, expect jail plus two years of probation. Out-of-state persons placed on probation for DUI or DWAI must comply with the Interstate Adult Supervision Compact. "Probation" for Felony DUI consists of a period of "parole" after incarceration during which time all programs that would normally be required for probation must be completed. Failure to complete "parole" can lead to a return to prison, just as failure to complete probation can result in jail time and an extension of probation.
Section 42-4-1307(7) C.R.S. now requires that persons receiving probation for an alcohol related driving offense also receive a suspended sentence of one year jail in addition to any other jail term that is required by law. In the event that the person violates probation - all or part of this suspended one year jail term may be imposed! For example, DUI probation means no alcohol or rec drugs for the term of the probation. If you are had problems completing probation and are called to court for a "probation violation" we strongly recommend that you call a lawyer prior to going to court as many courts will arrest you and require you to post bond prior to release.
If a warrant has been issued you could be arrested and taken jail prior to even seeing a judge e.g., this is common in Denver and Adams. Once you are taken before a judge the penalty for violation could be a year in jail even though the original sentence did not include any jail time at all!
Permanent Criminal Records
Unfortunately, employment applications often ask whether you have been convicted of any "crime." In Colorado alcohol related driving offenses are considered "misdemeanor criminal offenses" - not just traffic infractions. Pleading guilty to a any adult alcohol related driving offense means you have been convicted of a crime. This can lessen your chances of getting some jobs and can preclude or end a military or law enforcement career. The Colorado Bureau of Investigation keeps permanent computer records of all drunk driving convictions. These records are available to anybody, online, including prospective employers - for just less than a $7 fee at the CBI Criminal Record Check.
To begin, Colorado doesn't allow destruction or "expungement" of criminal records as such. Criminal records may be "sealed," which means that access to the records is limited to the courts and prosecutors, the actual records are not erased or destroyed. Sealed records can be "unsealed" by a district court if so requested by a district attorney.
Section 42-72-702 C.R.S. excludes DUI deferred judgements under 42-4-1301(1)and(2) C.R.S. This would seem to preclude sealing of DUI records unless the case is totally dismissed. Regardless, DMV records showing administrative determinations of DUI cannot be removed even if the criminal part of your case is sealed.