Author: susandeschler

A DWAI conviction does not just come with immediate penalties—it stays with you. Whether this is your first arrest or part of a more extensive record, the long-term impact can affect everything from job applications to car insurance rates. You might wonder how long the charge lingers and whether there is a way to remove it from your record. However, a DWAI remains on your criminal and driving record indefinitely unless very narrow legal conditions exist.

Does a DUI Stay on Your Record Permanently?

Does a DUI stay on your record, and if so, for how long?

Unfortunately, the answer is yes; under Colorado law, a DUI conviction generally stays on both your criminal and driving record for life. Please note that we are specifying convictions. If your case gets dismissed and you never get convicted, you can get the fact that you were charged with DUI removed from your criminal record.

However, a DUI conviction can only be removed from your record in extremely rare cases—typically if the conviction was entered in error, overturned on appeal, or vacated due to a legal defect. Standard expungement or sealing laws do not apply to DUI convictions because they involve alcohol-related traffic offenses. That means, in the vast majority of cases, once the court finalizes the judgment, it becomes part of your public history and stays that way.

For many people, the real impact begins after the court case ends. Employers, landlords, and licensing agencies may conduct background checks years later. Even if the court-imposed sentence was relatively light, some consequences could materialize long after you complete your sentence.

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

A driving while ability impaired (DWAI) conviction requires a lower blood alcohol content than a DUI. Much like a DUI conviction, a DWAI conviction does not expire on its own. Once entered, it stays on your record unless a court seals or overturns it—options rarely available under Colorado law. Even for first-time offenses with no injury, low BAC, or other aggravating details, the record typically remains permanent.

For driving purposes, the Department of Revenue tracks DWAI convictions and adds points to your license. Those points remain visible for seven years, but the underlying conviction stays longer. Insurance companies may consider that history for an extended period, depending on their internal policies. In short, the criminal record is permanent, and the DMV record can affect your driving status for years.

Why the Difference Between DWAI and DUI Matters

Some people assume that because DWAI charges are less serious than DUI, they carry fewer long-term consequences. That assumption can lead to costly mistakes. A DWAI still results in a criminal misdemeanor conviction and leaves a record that shows up in most background searches for life.

Courts also treat prior DWAIs as priors for future DUI sentencing. If you face a second charge down the road—even if the first was for DWAI—you may face mandatory jail and other enhancements. In this way, one DWAI conviction can follow you into any future alcohol- or drug-related driving case.

If you are eligible for specific professional licenses or certifications, that record could cause delays or disqualifications. That makes it especially important to understand the actual weight of a DWAI conviction, not just the initial sentence.

Does DWAI Show Up on Background Check Reports?

If you apply for a job, housing, or government clearance, there is a strong chance your DWAI conviction will appear. Most private employers use background check services that include both court records and driving histories. A misdemeanor tied to alcohol and driving tends to carry weight in these reviews and is rarely dismissed as insignificant.

Even after several years, the conviction remains searchable unless sealed—which is almost never an option in these cases, as mentioned above. A single DWAI on your record may raise red flags if you work in transportation, healthcare, law enforcement, or another field involving public safety.

Can You Ever Seal or Expunge a DWAI in Colorado?

Colorado law does not allow for sealing or expunging adult DWAI convictions in nearly all cases. Traffic offenses involving alcohol or drugs are excluded from most record relief provisions. A DWAI might only be removed if the conviction was entered in error, successfully appealed, or overturned for a legal violation.

This limitation surprises many people—especially those who pled guilty years ago, thinking they could eventually move on. In reality, that record stays available to courts, licensing agencies, and background check services indefinitely.

You may have more options if you were charged with DWAI but never convicted—either because the case was dismissed or you were found not guilty. In those cases, sealing the arrest and court record may be possible. However, the rules are strict, and the process often requires legal guidance.

Collateral Effects of a DWAI Conviction

The legal consequences may initially seem limited—especially if you avoided jail or kept your license. However, the broader impact often shows up in unexpected places. After a DWAI conviction, you may face:

• Increased insurance premiums,
• Loss of professional opportunities,
• Difficulty renting certain housing,
• Travel restrictions to some countries, and
• Mandatory reporting to licensing boards.

Even volunteer programs or graduate schools may ask about prior criminal convictions. Since Colorado classifies DWAI as a criminal misdemeanor, you are typically required to answer “yes” when asked if you have been convicted of a crime. This is true unless the charge was dismissed or resolved without a conviction.

These secondary consequences often create more lasting challenges than the criminal consequences themselves. Therefore, anyone facing a DWAI charge should understand that the outcome can affect far more than just their criminal history.

Do Not Let a DWAI Conviction Become a Permanent Part of Your Record

In Colorado, a DWAI does not fade with time—it stays on your criminal and driving record for life. That one conviction can affect your job prospects, insurance rates, and housing applications and can even carry future legal consequences. If you are facing a DWAI charge, you still have a chance to change the outcome. At The Law Offices of Susan Deschler, we focus on defending people like you from the life-altering impact of a criminal conviction. We will review your case, challenge weak evidence, and fight for the best possible result. Call today for a confidential consultation. You can also reach us through our secure online contact form.