Being convicted of driving under the influence (DUI) in California can have long-lasting effects on both your driving and criminal records. While many people focus on the immediate legal consequences, it’s important to understand how a DUI conviction can impact you for years to come.
In this blog, we’ll explore how long a DUI stays on your record, the differences between your driving and criminal records, and the potential consequences you may face. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
A DUI Stays on Your California Driving Record for 10 Years
In California, a DUI conviction remains on your driving record for 10 years. This period starts from the date of your DUI arrest, not the date of your conviction. Unfortunately, there is no way to remove or shorten this period—it will remain on your driving record for the full 10 years.
How a DUI Affects Your Driving Privileges
The California Department of Motor Vehicles (DMV) can see your DUI on your driving record throughout the 10-year period. This record is used by the DMV to make decisions about:
- License suspensions
- License revocations
- Reinstatement of driving privileges
In addition, law enforcement officers can access your driving record if they pull you over in the future. Insurance companies will also see the DUI, and this can lead to increased auto insurance premiums.
A DUI Stays on Your Criminal Record Permanently
Unlike your driving record, a DUI conviction stays on your criminal record permanently unless it is expunged. Because a DUI is considered a criminal offense and not a simple traffic infraction, it will be part of your criminal history. Both misdemeanor and felony DUIs will appear on background checks conducted by employers, licensing boards, and other organizations.
Expunging a DUI from Your Criminal Record
The good news is that you may be eligible to expunge a DUI conviction from your criminal record, which can help reduce the long-term consequences of the conviction. To qualify for expungement in California, you must have:
- Successfully completed probation for the DUI offense.
- Not served time in state prison for the offense, or if you did, the time must have been served under realignment rules (such as those under Proposition 47).
If you meet these requirements, you can file a petition to expunge your DUI conviction. Once the court approves the petition, you will be allowed to:
- Withdraw your guilty plea or no contest plea.
- Re-enter a not guilty plea.
If your DUI case went to trial and resulted in a conviction, the judge can set aside the verdict. Afterward, the case will be dismissed. It’s important to note that expungement applies to both misdemeanor and felony DUI convictions, though more serious felonies may not be eligible. Consulting with a DUI attorney is essential to determine whether you qualify.
Collateral Consequences of a DUI Conviction
While the legal penalties of a DUI are significant, the collateral consequences can be just as impactful. These are indirect consequences that affect your personal and professional life, often long after the legal case has been resolved.
Criminal Record Consequences
Having a DUI on your criminal record can lead to various complications, including:
- Difficulty obtaining professional licenses or facing certification revocation.
- Higher penalties for future DUI convictions due to prior offenses.
- Complications with job applications, especially for positions that require a clean criminal record.
- Repercussions for college admission, as many institutions perform background checks.
In some cases, even disclosing the DUI conviction to potential employers can lead to job denial, particularly in fields that require a clean driving or criminal history.
Driving Record Consequences
While less visible than your criminal record, a DUI on your driving record can still lead to significant problems:
- Higher auto insurance premiums, as insurance companies see DUI offenders as high-risk drivers.
- Potential license complications, such as difficulty renewing your driver’s license or obtaining a commercial driving license (CDL).
- Impact on professional drivers, including those who drive commercial trucks, taxis, or work for rideshare companies like Uber or Lyft. A DUI on your driving record can jeopardize your ability to secure or maintain these jobs, significantly affecting your livelihood.
What You Can Do If You Have a DUI on Your Record
If you’ve been convicted of a DUI in California, it’s important to take proactive steps to minimize its long-term impact. Expungement is one option that can help clear your criminal record, though it won’t remove the DUI from your driving record. Working with an experienced DUI attorney can help you navigate the legal process and explore your options for mitigating the consequences of your conviction.
If you’re facing a DUI charge or dealing with the aftermath of a conviction, contact Law Office of Michael L. Fell at (949) 585-9055. Our team is ready to provide legal guidance and help you protect your future.