In California, a conviction for driving under the influence (DUI) will stay on your driving record for 10 years after your arrest. It cannot be removed from your driving record during this time. The DMV, law enforcement, and car insurance companies will see it. However, the blemish on your driving record will not show up on background checks.
Consequences of a California DUI on your driving record
Having a DUI conviction on your driving record has consequences in California. What those consequences are depends on who sees the conviction. The DUI on your driving record can be seen by:
- the Department of Motor Vehicles (DMV),
- law enforcement agencies, and
- car insurance companies.
Note that these consequences come from the DUI on your driving record, not your criminal record. The consequences of a DUI on your criminal record are different.
DMV
The DMV will consider the DUI conviction on your driving record when they make decisions about your driver’s license. This includes whether to do any of the following to your right to drive:
- imposing a driver’s license suspension,
- revoking it, or
- reinstating it.
The DUI defense lawyers at our law firm have found that having multiple convictions for criminal offenses involving DUI on your driving record can make the DMV more willing to suspend your license for a long period of time. They may even decide on a full revocation. They are also likely to be more hesitant in reinstating it or requiring you to use an ignition interlock device (IID).
On the other hand, our criminal defense attorneys have found that the DMV is more likely to go easy on DUI cases if it was your first offense and your blood alcohol content (BAC) was low.
Law enforcement
Law enforcement officers will see the DUI conviction on your driving record whenever they look it up. This can happen:
- during a traffic stop, or
- in any other investigation.
Our DUI attorneys have seen that this can make police officers more suspicious that you are under the influence. They seem to think that the prior DUI conviction means that you are likely to be under the influence, again. When they initiate a stop for a traffic violation, they may look even more closely for signs that you are drunk driving so they can make a DUI arrest.
Car insurance
Auto insurance companies will see the DUI conviction on your record and will likely increase your insurance premiums. They will claim that your DUI record means that you are a riskier driver and will charge you higher insurance rates.
Driving records do not appear on background checks
Other people or organizations, however, will not see the DUI conviction on your driving record if they conduct a background check. This includes people who often do background checks, like:
- potential employers,
- landlords, and
- banks and other lenders.
The DUI conviction on your criminal record does appear
However, a background check will find the DUI conviction on your criminal record. Unlike on your driving record, the conviction stays on your criminal record until you have it removed.
This can lead to some significant collateral consequences of a DUI conviction. These include:
- losing employment opportunities, especially as a professional or commercial driver,
- having to disclose the conviction if asked during a job application,
- losing your job, if it required a valid driver’s license,
- an extra difficulty in finding an apartment to rent,
- getting denied or losing a professional license or certification,
- trouble getting admitted to college, and
- facing higher penalties for a subsequent DUI charge.
These consequences make expunging the DUI from your criminal record important.
The California DUI expungement process
In California, you can expunge the DUI from your criminal record, but not from your driving record.
The DUI lawyers at our law office have found that expunging your criminal record is still a huge benefit. The DUI stays on your driving record for 10 years before it expires. After that, the blemish on your criminal record will be all that remains. Clearing it through the expungement process can help you move on. Additionally, because criminal background checks rarely find the criminal conviction on your DMV record, expunging it from your criminal record can help.
You may be eligible for expunging your DUI conviction from your criminal history if you successfully complete DUI probation and either:
- did not spend jail time in a state prison for the offense, or
- served prison time, but would not have under Proposition 47’s realignment[1]
This includes both misdemeanor and felony DUI offenses.
If you are eligible, you can petition the court to expunge and seal the conviction.
According to California law:
“The court may permit the defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall be released from all penalties and disabilities resulting from the offense of which they have been convicted…”[2]
After this is done, the conviction would not appear on your criminal record.
Legal Citations:
[1] California Penal Code 1203.42 PC.
[2] Same.
