Drunk driving is a common offense in America, but that doesn't mean it's not a serious one. Getting a DUI conviction can make someone's life way more challenging since financial institutions, employers, or insurance facilities won't trust that person anymore.
The best thing people can do to keep DUI convictions out of their criminal record is to never drive under the influence of any psychotropic substance. What happens if someone already has that conviction? How long does a DUI stay on a criminal or driving record in California? This page has all the answers!
Goss Law is available to help anyone looking forward to getting their DUI conviction out of their criminal record, and the only thing clients need to do is schedule a free consultation. For Sacramento DUI lawyers, contact Goss Law.
What Is a DUI?
DUI stands for "driving under the influence," and it consists of driving under the influence of alcohol or other psychotropic substances that may alter the consumer's mental and physical capacities.
California has two main DUI offenses. Under Vehicle Code 23152(a), it is a crime to drive while under the influence, meaning alcohol or drugs have impaired a person's ability to drive safely. There is no minimum BAC (blood alcohol concentration) for this offense, so a driver can be convicted even with a BAC below 0.08%. A drug DUI (VC 23152(f)) has no BAC number at all.
Separately, Vehicle Code 23152(b) makes it a crime to drive with a BAC of 0.08% or more, whether or not the driver seems impaired. This is called the "per se" limit. For commercial drivers, the per se limit is 0.04%.
Drivers under 21 face stricter rules. A BAC of 0.01% or more leads to an administrative license suspension under the zero-tolerance law (VC 23136), which is not a criminal DUI. Driving under 21 with a BAC of 0.05% or more is a separate offense (VC 23140).
How Long Does a DUI Stay on Your Record in California?
DUI charges will stay in a driver's criminal record forever unless they do something to get them out of it. Landlords, potential employers, financial institutions, and education facilities can check someone's criminal records whenever they want, which is the main concern of people who get a DUI conviction.
Most DUI cases in California are misdemeanors. A DUI becomes a felony when it causes injury to someone else (VC 23153), when it is a fourth DUI within 10 years (VC 23550), or when the driver has a prior felony DUI (VC 23550.5).
What About Your Driving Record?
A DUI conviction stays on a driver's criminal record unless the driver gets relief. On the driving record, the 10 years after a DUI matter most because they are the look-back period for prior DUIs.
California DUI Conviction Penalties
Although most DUI convictions end up being misdemeanors, that doesn't mean their penalties are light. The ranges below are for misdemeanor DUIs within a 10-year period. The base fine in each case is $390 to $1,000, but penalty assessments added by the court make the total much higher.
These are the main penalties for a DUI conviction:
First Offense
Under Vehicle Code 23536, a first DUI can bring up to 6 months in county jail, a $390 to $1,000 base fine, and three to five years of probation. The court also orders a DUI program, usually 3 months, or 9 months for a high BAC. There is also a license suspension.
Second Offense
Under Vehicle Code 23540, a second DUI within 10 years brings 96 hours to 1 year in county jail, a $390 to $1,000 base fine, and three to five years of probation. Second offenders have to complete an 18 or 30 month DUI program, and the court-ordered license suspension is 2 years.
Since SB 1046 took effect on January 1, 2019, a repeat offender who wants to drive during the suspension must install an ignition interlock device (IID) for a set period: 1 year for a second offense and 2 years for a third (VC 13352, 23575). First offenders can choose to install an IID to get a restricted license.
Third Offense
Under Vehicle Code 23546, a third DUI within 10 years brings 120 days to 1 year in county jail (not state prison), a $390 to $1,000 base fine, three to five years of probation, and a 30-month DUI program.
In this case, drivers will have a license suspension of three years.
How Can I Take a DUI Out of My Criminal Record?
As mentioned before, DUIs stay on the driver's criminal record unless they do something to take it out of it. The process to do this is not that difficult, and drivers can check if they are eligible for an expungement.
In a nutshell, drivers need to file an expungement petition to the court. What is an expungement? Under Penal Code 1203.4, the court sets aside the conviction and dismisses the case. This releases the person from most of the penalties and disabilities of the conviction. It does not destroy the record, and the conviction still exists for some purposes.
Most private employers cannot ask about or consider a dismissed conviction. However, the conviction must still be disclosed on applications for public office, for a state or local license (such as a professional license), and for contracts with the California State Lottery. Answering "no" on one of those applications can lead to a denial for dishonesty.
It's worth noting that even if someone expunges a DUI from their criminal record, getting another DUI conviction still counts as a second conviction.
Expungement Eligibility Criteria
Not everyone is eligible for a 1203.4 expungement, and people who served time in state prison will find a DUI harder to clear, though other forms of relief may exist. Usually, drivers complete probation and the DUI classes the court ordered before filing an expungement petition. However, the court can also grant relief after probation is terminated early, or in its discretion in the interest of justice. Gross Law has more information on how to expunge a DUI in California.
Can I Take a DUI Out of My Driving Record?
How long does a DUI stay on a driving record? Drivers can't expunge it from their DMV record.
Even if someone gets their DUI expunged, they can't do the same for their driving record. There is no DMV review that removes a DUI conviction. The 10-year period matters mainly because it is the look-back period: a new DUI within 10 years of a prior one is punished as a repeat offense.
Who Can See My Criminal and Driving Record on Background Checks?
As mentioned before, one of the main issues of getting a DUI on a driver's criminal or driving record is that it makes it more difficult for people to get bank loans, get admitted to colleges or other educational institutions, or even get a job.
These are the main individuals who are able to check someone's driving record:
Potential Employers
No one wants to have someone dangerous working in their company, so employers background-check their potential employees before taking them to their team. While some business owners overlook things, such as a driving record stain, others won't take anyone with any kind of prior conviction.
Even if someone gets arrested for drunk driving but does not get a conviction, the administrative license suspension that follows the arrest can appear on their driving record.
Is it unfair to lose job opportunities because law enforcement officers arrested someone who ended up being innocent? Maybe it is, but the best way to prevent this from happening is to either get a DUI expungement or never drive under the influence of alcohol.
However, it's easier for someone with just an arrest to get more opportunities than a driver with a conviction.
Financial Institutions
Whether it's to buy a house, a motor vehicle, or pay college tuition, it's common for Americans to ask for bank loans. The problem with doing it is that, even without a stain on the driver's criminal record, getting that loan is not easy at all.
However, it's almost impossible for someone to get a loan if the bank notices that person has a criminal conviction or arrest.
Landlords
Even if someone gets the money to buy a house or manages to get a bank loan, not all landlords or realtors will want to sell a property to drivers with a drunk driving conviction. The same happens with neighbors who don't want their children walking close to someone who drives under the influence of alcohol.
However, these are just some cases where people get problems from having a conviction. Other entities, such as car insurance companies, won't always offer their services to offenders either.
Bottom Line - Hire a DUI Lawyer from Goss Law!
Regardless of how long a DUI stays on someone's record, the truth is that it's difficult to go on with life with that kind of conviction under a driver's belt. Hence, people with one need to file an expungement petition as soon as they can.
How can people do that? Self-help filing is available, but a lawyer can help. Attorney Blair Goss of Goss Law can review a DUI record and explain the options for clearing it.
Don't hesitate, call today!
Need help with a case in Sacramento? Read about my DUI defense work, or tell me what happened.
This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.