How Long Does a DUI Stay on Your Record in California?
If you have been convicted of a DUI, you know the shadow it may cast on your personal and professional life. Regardless of its severity – misdemeanor or felony, driving under the influence will affect you. From immediate penalties to long-running consequences, it is hard to overestimate its impact. For instance, you may face higher insurance rates or even limited employment opportunities. As long as the case remains on your driving and criminal records, you will feel its impact.
Here is what you need to know about DUI offenses in California – from how long they stay and their impact to how to remove a DUI charge from your criminal record.
Duration on Your Criminal Record for DUI in California
In a nutshell, a California DUI conviction will be visible for a period of 10 years. It will show up on your criminal record during any background check. Having such an offense on your record can affect various aspects of your life. For example, you may be refused a rideshare or a commercial driver job or lose a related professional license. Many companies are unwilling to employ people with a misdemeanor or felony DUI on their criminal record.
The 10-year period starts from the date of the conviction. During this time, the DUI will appear on your criminal record and may be accessible to employers, landlords, and other entities conducting criminal background checks. In addition to that, if you have another drunk driving case at this time the DMV can access your record and consider it when deciding on license suspensions, revocations, and reinstatements.
Impact on Your Driving Record
A DUI conviction doesn’t just appear on your criminal record—it also leaves a significant impact on your driving record. In California, a DUI typically adds 2 points to it. These points can result in higher insurance premiums and may even lead to the suspension of your driving privileges if you accumulate too many points over time.
This mark doesn’t disappear quickly. A DUI remains on your driving record for 10 years from the date of the offense. After this period, it no longer counts as a “prior” criminal offense for future DUI cases, meaning it won’t intensify penalties for any subsequent convictions. However, it’s worth noting that the points linked to the DUI might stay on your criminal record for as long as 13 years in certain situations, depending on DMV policies.
Expungement and Its Effects
Looking to reduce the long-term impact of the DUI charge? Then a DUI expungement can be just the solution for you. According to California penal code 1203.4, you can change the conviction’s status to “dismissed” on the DMV record. While it doesn’t mean the offense is removed from your criminal record, its effect will become much less potent. This, in turn, skyrockets your chances for employment and other opportunities. A high-level DUI defense consultant can help you handle the whole process with minimal inconveniences.
Still, don’t forget that the charge will still be visible on your criminal record indefinitely. For example, law enforcement agencies can see the conviction on your driving record during a background check. Also, specific jobs like healthcare and education also check the “no criminal record” for their potential employees. Expungement does not entirely erase the conviction but provides some relief by indicating that the conviction has been dismissed.
Legal and Practical Implications
The implications of a DUI on your life are considerable. Here is what to expect:
- License Suspension or Revocation: One of the immediate consequences. Based on the severity of the DUI, the California Department of Motor Vehicles may suspend or even fully revoke your license.
- DMV Points: After the conviction, you will get 2 points to your record. The more points you receive, the higher the rates on your insurance policies will be. In addition to that, accumulating 4 points in 12 months can lead to a license suspension/revocation.
- Increased Insurance Rates: Depending on your provider, you can expect a 30% to 100% more expensive policy from insurance companies. In worst-case scenarios, it can even be canceled.
- Career Difficulties: Such professions as lawyers, healthcare workers, and real estate doctors may require a clear criminal history and driving record. Not to mention drivers and other transportation-related jobs.
- Future Penalties: If you are arrested with another DUI within 10 years from the original sentence, the new offense will be a repeat DUI. They result in harsher penalties and higher fines. For example, a second DUI offense can lead to three to five years of probation, up to $2,000 in fines, and a minimum of 96 hours of jail time.
Moving Forward
With all these consequences, it may be tempting just to lay down your arms. After all, 10 years is a lot of time, and the aftermath of a DUI conviction in California is serious. Not to mention how stressful facing a DUI charge is by itself. But no worries, it doesn’t have to be. As mentioned before, you can expunge the case, and it can elevate most of the effect the sentence has brought. Stay proactive and determined and protect your rights.
And if you are unsure of how to approach the situation or what to do first, My Rights Law has you covered. Our law office knows the California Law inside out and will always find ways for you to clear your reputaion. Our experienced criminal defense attorneys are always there to offer compassionate and knowledgeable support and criminal defense. We have the expertise required to handle DUI cases of any time frame and complexity. You can trust our professionals will do everything within their power to expunge the charge.
To discuss your case and explore your options, call us today at (888) 702-8882.
FAQ
Will a 10-year-old DUI show up on a background check in California?
A DUI charge is on your driving record for ten years. This time starts with the date of the DUI arrest, not the criminal court conviction. However, even after this period, the charge will remain on your criminal record forever in the status of “non-prior”. Alternatively, a DUI defense attorney can help you expunge the offense earlier.
Has California increased the time a DUI remains on your record to 13 years?
In short, no. According to the California vehicle code, the DUI conviction will remain on your criminal record for only 10 years following the arrest. However, the 2 points you receive because of it may stay on your driving record for an additional 3 years.