A DUI (driving under the influence) conviction in California, following the arrest, will stay on the driving record of the defendant for 10 years. During that time, from the defendant’s driving record, it cannot be removed. Unless it is expunged, it stays on the criminal record of the defendant forever (the conviction record). This includes felony and misdemeanor offenses.

Let’s look at a little bit more information regarding DUIs and California driving records.

Driving Records and California DUIs

If you have a California driver’s license and you were convicted of a DUI, you may be wondering how long it’s going to stay on your driving record. For 10 years, a California defendant’s driving record will show a conviction for a DUI offense. The period starts not at the time of conviction, but at the time of the DUI arrest. There is simply no way to have the record taken off during this time period. Until the entire ten years elapses, it will stay on the person’s driving record. It expires after 10 years.

The record of the DUI can be seen by the DMV (the Department of Motor Vehicles). When making decisions about the driver’s license of the defendant, they will refer to this record. This includes the following:

• Reinstatements or
• Revocations or
• License suspensions

When they pull up someone’s driving record, the DUI conviction will also be seen by law enforcement. Additionally, the record of the DUI will be seen by car insurance companies. Drivers’ car insurance rates can be increased by DUIs because they are considered serious traffic violations.

Criminal Records

Because, rather than just traffic infractions, DUIs are criminal offenses, the defendant’s criminal record will show the DUI and it will stay there permanently. Going through the process of expungement is the only way to get it removed.

Individuals who have been convicted for drunk or drugged driving in California – under California DUI laws – can try to get their DUI expunged if, for the offense, they successfully complete DUI probation and:

• For the offense, served time in a state prison/county jail or
• Did not serve jail time for the offense in state prison

(Under Proposition 47, “realignment” affects the above stated.)

As soon as convicted DUI offenders finish their probation term, they can pursue an expungement. They can file a petition to seal or expunge the offense record. If the driver pleaded no contest or guilty to the DUI charges, then, they could re-enter a not guilty plea and be allowed to withdraw the prior plea. If, after a trial, the driver was found guilty, the verdict would be set aside by a judge. The case would be dismissed by the judge in either situation.

This covers both misdemeanor and felony DUI’s. However, expungement eligibility is unlikely in the case of a serious felony DUI. Those arrested for DUI should consult a lawyer as needed.

Do You Need Help Because of a DUI Charge?

You can rely on The Jackson Bibby Awareness Group to supply you with mentoring, counseling, and classes, no matter if you are a multiple DUI offender or a first-time DUI offender.

Contact our Barstow office at 760-256-6114, our Victorville office at 760-241-3300, or our Redlands office at 909-792-6925.