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Can I get my DWAI taken off my record if I was convicted without a B.A.C.

Denver, CO |

I was pulled over under suspicion of DUI. I did not take the breathlizer but did state I would do the blood test. The EMT stuck me 5 times and he was unable to draw blood. The officer then wrote me up as a refusal, even though I did not refuse the blood test. I plead not guilty, my case went to a jury and they convicted me of a lesser DWAI charge without a BAC. Can I get this expunged?

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Attorney answers 4


No. You cannot expunge a conviction.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


While the legislature has started to ease up on certain types of please or convictions after a certain number of years have passed, DUI convictions currently cannot be sealed in Colorado under ant circumstances.


Unfortunately, no.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


No. First of all the only people are eligible to request an expungements, under the right circumstances are juveniles. Secondly, adults can sometimes request that a criminal record be sealed, again under the right circumstances. Unfortunately, when a person is convicted of a crime whether or not is was the original charge they cannot have their criminal record sealed.

Responses to questions on AVVO does not create an attorney/client relationship. Colorado requires that the Client and Attorney enter into a written legal fee arrangement