How Long Does a DUI Stay on Your Record in California?

A DUI conviction can have long-lasting effects, but how long does it actually stay on your record in California? Whether you’re concerned about background checks, insurance rates, or potential penalties for future offenses, you need to know the timeline and implications

In this post, we’ll break down how long a DUI remains on your record, how it might affect your life, and if there are ways to reduce its impact.

DUI Records in California

In California, a DUI conviction can affect various aspects of your life for different lengths of time. It’s important to distinguish between different types of “records” when discussing how long a DUI stays on your record:

• Criminal Record
• DMV Record
• Insurance Record

Let’s break down each of these and discuss how long a DUI typically stays on each record.

Criminal Record: Potentially Permanent

A DUI conviction in California typically remains on your criminal record indefinitely unless you take specific actions to have it removed. This means that the conviction will show up on most background checks, potentially affecting employment opportunities, housing applications, and other areas of your life.

However, there are options for addressing a DUI on your criminal record:

Expungement

Under California Penal Code 1203.4, you may be eligible to have your DUI conviction expunged after completing probation. An expungement doesn’t erase the conviction entirely, but it does allow you to legally state that you haven’t been convicted of that crime in most situations.

Key points about expungement:

• You must have completed probation successfully
• You can’t be currently charged with, serving a sentence for, or on probation for another offense
• The conviction can still be used as a “prior” if you sustain another conviction within 10 years.

DMV Record: 10 Years

In California, a DUI conviction stays on your Department of Motor Vehicles (DMV) record for 10 years from the date of the violation. This is important because:

1. It affects your ability to obtain a restricted or hardship license after a DUI conviction
2. It impacts the severity of penalties for subsequent DUI offenses within this 10-year period
3. It can be seen by potential employers who are authorized to check your DMV record

It’s crucial to note that this 10-year period applies even if you’re granted an expungement of your criminal record. The DMV operates independently of the criminal court system, and expungement does not remove the DUI from your driving record.

Insurance Record: Up to 7 Years

Your DUI conviction can affect your car insurance rates for up to seven years in California, with the average being three to five. Insurance companies typically check your driving record when you apply for a policy or renew your existing one. A DUI on your record can result in significantly higher premiums or even a refusal of coverage by some insurers.

The exact impact on your insurance will depend on factors such as:

• Your insurance company’s policies
• Whether this is your first offense
• Your overall driving record
• The specific circumstances of your DUI

Impact of Multiple DUIs

If you have multiple DUI convictions, each one starts its own 10-year “clock” for DMV and insurance purposes. Additionally, multiple convictions within a 10-year period can lead to more severe penalties, including:

• Longer license suspensions
• Mandatory installation of an Ignition Interlock Device (IID)
• Increased fines and potential jail time
• Designation as a “Habitual Traffic Offender” by the DMV

Professional License Implications

For individuals holding professional licenses (e.g., contractors, doctors, lawyers, teachers), a DUI conviction may need to be reported to their licensing board. The impact and duration of this reporting requirement can vary by profession and the specifics of the case.

Options for Minimizing the Impact of a DUI

While a DUI conviction can have long-lasting effects, there are steps you can take to minimize its impact:

1. Seek Expungement: As mentioned earlier, expungement can help mitigate the effects of a DUI on your criminal record.
2. Complete All Court-Ordered Requirements: Fulfilling all obligations (e.g., DUI classes, fines, probation terms) can help demonstrate rehabilitation.
3. Maintain a Clean Driving Record: Avoiding further traffic violations can help improve your standing with both the DMV and insurance companies.
4. Explore Legal Options: In some cases, it may be possible to challenge the DUI charge or negotiate for reduced charges.

At David P. Shapiro Criminal Defense Attorneys, we have extensive experience handling DUI cases in California. We understand the nuances of DUI law and can work to protect your rights and future.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.