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

The lawyers at Forward Law Group have helped many people across California with their DUI cases. This is because we have a deep understanding of how a DUI can impact a person’s record. In this article, our Forward Law Group attorneys will focus on one specific question that many people have—“how long does a DUI stay on your record?” Before going into greater detail about this common question, here is the simple answer—in California, a DUI conviction will stay on your driving record for 10 years. However, a DUI will stay on your criminal record in California permanently unless it is expunged. Having a DUI on your record in California can impact various aspects of a person’s day-to-day life, including transportation, housing, and employment. If you are currently facing a DUI charge in California and are wondering what the potential consequences of a conviction would be as it relates to your record, this article will provide you with fundamental information that you need to know. Prior to providing a detailed answer to the question of interest, we provide some key background information about DUIs in California. Let’s begin! 

Common DUI Charges in California

There are numerous different DUI offenses that a person can be charged with in California. While not exhaustive, the list below covers some of the various DUI charges in California. 

• VC § 23152(a): It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
• VC § 23152(b): It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
• VC § 23140(a): It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
• VC § 23152(f): It is unlawful for a person who is under the influence of any drug to drive a vehicle. (Note: read more about marijuana DUIs in this recently published article.)
• VC § 23153(a): It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
• VC § 23153(b): It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
• PC § 191.5(b): Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

What are the Penalties for DUI in California?

In most cases, a first-time DUI offense in California is considered a misdemeanor crime. A first-time DUI conviction can result in a wide range of penalties (based on the case), including, but not limited to: 

• Driver’s license suspension
• Installation of an ignition interlock device for 4-6 months (plus the cost of installation)
• Three to five years of informal misdemeanor probation
• DUI school or program (typically 30 hours required)
• Fines ranging from $1,500 to $2,000
• Up to 6 months in jail (if there are aggravating factors)

While most first-time DUI cases are misdemeanor offenses, they can also result in more serious DUI charges if, for example, the driver injured another person. In cases with aggravating factors, a DUI can also be considered a felony. More severe DUI penalties could include, but are not limited to:

• 3-5 years of driver’s license suspension
• Extended installation of an ignition interlock device
• Three to five years of informal misdemeanor probation
• DUI school or program (up to 30 months)
• Fines up to $5,000
• 1-6 years of jail time (depending on if it’s a misdemeanor or felony)
• Restitution to all injured parties

It’s important to note that penalties can be even more severe if there were a combination of aggravating factors. The same is true for repeat DUI offenses–multiple DUI offenses can lead to extremely hefty consequences.  

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

As mentioned in the introduction, a first-time DUI offense in California will stay on your driving record for 10 years, beginning from the date of the arrest. After the ten-year period expires, it will no longer be part of someone’s driving record. That being said, there is no way to remove or get rid of the conviction from the driving record during the ten years. In addition to the DMV being able to see the DUI on a person’s driving record, law enforcement agencies and auto insurance companies will also be able to see it. 

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

While there is a set time for how long a DUI conviction stays on a person’s driving record, this same is not true for a DUI conviction on a person’s criminal record. In California, a DUI will stay on someone's criminal record indefinitely. Additionally, unlike the driving record, anyone who conducts a background check can see the DUI conviction on a person’s criminal record. Fortunately, however, the record of conviction can be dismissed from a person’s criminal record through the process of expungement. Typically, both misdemeanor and felony DUI cases can be expunged. 

DUI Expungement in California: How Does It Work?

In order to be eligible to expunge a DUI conviction from your criminal record, a person must first successfully complete the terms of their probation. In addition, they must not have:

• served jail time in state prison for the offense, or
• served time in state prison, but would have served it in county jail after the Proposition 47 realignment

Once these criteria are met, a person can then petition the court for an expungement by filing the appropriate paperwork. Once the paperwork is filed, a judge will review the case and decide whether to grant the expungement or not. Having a skilled attorney help with the process of getting a DUI conviction expunged can save significant amounts of time and energy. More importantly, a dedicated attorney can ensure that all paperwork is filed correctly and that the expungement process is successful. Forward Law Group has helped people across California get their DUI convictions expunged in a simple and straightforward manner. If you need help with an expungement, give us a call today! 

Will a DUI Show Up on a Background Check in California?

If a DUI conviction has not been expunged, it is almost certain that the conviction will show up on a criminal background check in California. For example, potential employers would be able to see the conviction. However, if a DUI conviction is expunged, it will typically not show up on standard background checks that are performed by landlords or employers. In the rare case that the conviction does show up, employers and landlords are legally prohibited from considering it in their decision. Finally, when a DUI conviction is expunged, a person can confidently check the “no prior criminal record” box on job applications. 

How to Fight a DUI–Avoiding a DUI Conviction

Simply stated, the best way to avoid having to deal with a DUI conviction on a driving record or criminal record in California is by having a strong defense to avoid the conviction in the first place. While this may seem obvious, some people are sometimes under the assumption that there is no way of escaping a DUI conviction once they have been charged. That is simply untrue! At Forward Law Group, our lawyers carefully review each and every detail of a DUI case to formulate a defense strategy that puts our clients in the best position to get their DUI charge dismissed. There are many different facets of a case that can sometimes be leveraged to get DUI charges dismissed, such as:

• Law enforcement failing to follow correct procedures during arrest and testing
• The use of a breathalyzer that is not properly calibrated
• Violation of constitutional rights during detainment and custody
• Lack of probable cause or reasonable suspicion by law enforcement

With our tremendous knowledge of DUI laws in California, Forward Law Group is the trusted law firm for DUI cases. Take the first step towards getting your DUI charge dismissed by calling our friendly and helpful Forward Law Group attorneys at (818) 471-8389. 

Forward Law Group: Experienced Lawyers With a Successful Track Record for DUI Cases in California

Dealing with any aspect of a DUI–whether it’s avoiding a DUI conviction or getting a DUI conviction expunged–can be extremely stressful and time-consuming. One of the biggest concerns for people who have been charged or convicted of a DUI is how it will affect them in the future, such as with their criminal record or with background checks. Because a very limited group of people have access to a person’s driving record, many people with a DUI charge or conviction are not too worried about the ten-year period during which the DUI will show. On the other hand, while DUI convictions will stay on a person’s criminal record permanently, they can be expunged and prevented from showing up on criminal background checks. 

No matter what type of help or assistance you need with your DUI case, Forward Law Group has you covered. While our law firm is headquartered in Los Angeles, we proudly serve people across California. Our highly-trained team of lawyers have experience working cases in counties across the state and effectively defending our clients against prosecutors throughout California. For additional information about how we can help you with your case, get in touch with us today. Let Forward Law Group put this difficult situation in the rearview, and in turn, move your life forward.