In California, a DUI will stay on your driving and a criminal record for 10 years.
The 10 years are counted from the offense date to the offense date and not from a conviction date to a conviction date. A prior DUI, when charged by the prosecutor, is deemed a “prior”. The “priors” or “priorability” is a legal terminology for a type of offense that carries a more severe punishment for repeat crimes.
For example, a second DUI arrest within 10 years of a first DUI arrest will be filed as a second DUI and will cary mandatory jail-time. Instead, if there are more than ten years between your first and second DUI cases, the DUI will be only a “first” DUI even when you have another DUI on your record outside of the ten years period. But even when the DUI is outside of the ten year period, the prosecutor will see it and consider it in making sentence recommendations.
Click on the links below to go directly to your topic of interest.
- Can You Remove DUI From Your Driving Record?
- What Alternative Charges Carry Points But Avoid A License Suspension?
- How long does a DUI stay on your Criminal record?
- Will a DUI Always Show on Your Background Check?
- How many Points will be on Your Driving Record after DUI?
- Do Alternative Pleas To DUI Avoid points on Driving Record?
- How long does a DUI affect your Insurance in California?
Can You Remove DUI From Your Driving Record?
A DUI expungement functions the same as any other California criminal record expungement. A petition is filed with the court and then reviewed by the judge. If the judge grants the DUI expungement, the person withdraws her plea of guilty or no contest and re-enters a plea of “Not Guilty” and then the case is dismissed.
But if you are convicted of a DUI, you can not completely remove the DUI from your driving record for 10 years. Yet, this driving record is usually not included in a background check and cannot be seen by your potential employers.
A very common alternative to a DUI, called “reckless driving“, will avoid a suspension but will add points to the driving record. A reckless driving can be of two different types, a “wet reckless” and a “dry reckless“. A “wet reckless”, is a lesser included offense to the DUI because it involves suspected use of alcohol. The main different between a “wet reckless” and a “dry reckless” is the priorability of the charge to a DUI. Simply, a “wet reckless” is priorable to a DUI and a “dry reckless” is not. A person who has a “wet reckless” conviction and gets arrested for a DUI will be charged with a second offense DUI despite not having any prior DUI convictions.
A DUI is a misdemeanor offense that is considered a crime. All crimes, including DUI cases, will be recorded by the California Department of Justice and will remain on record. A DUI will be on a permanent part of your criminal record. But, if a DUI is expunged, it will look far better on your record. The reason to get an expungement is to improve the record and to get better chances of private employment.
Pursuant to California Penal Code 1203.4, expungements are an excellent way to “hide” a conviction because your DUI record will say that “a guilty verdict is withdrawn and a not guilty plea is entered and then the case is dismissed”. Most people will see expungements as evidence of a dismissal and will accept a Penal Code 1203.4 dismissal as proof that the DUI is no longer on your record. If you were convicted of a felony DUI, then, an expungement will make you eligible to apply for a certificate of rehabilitation which will also become an application for a pardon.
If you were represented by a DUI Lawyer for the original DUI case, that attorney will usually handle the expungement proceedings as well or you can our office for a free consultation about your case.
A DUI conviction does appear on criminal background checks in most cases. Related charges, such as impaired driving or refusing a breath test, can also show up. However, DUI arrests will not always show up.
The difference between an arrest and a conviction may matter to your future employers. If your DUI case was dismissed in court, your criminal record will note that the charge was dropped and you’ll avoid being labeled as a “criminal.”
A DUI conviction in Los Angeles, or anywhere else in California, will add 2 points to your driving record.The points are counted pursuant to California VC 12810(b). These points will remain on your driving record for 5 years.
The Department of Motor Vehicles uses these points to assess how much of a risk you are to other drivers, and insurance companies use them to calculate your insurance rate.
More points will mean higher insurance premium. Additionally, the points are used by the DMV to determine if you are the negligent operator. A determination that you are a negligent operator may suspend your license and you will need a drunk driving defense attorney to keep it.
Yes, they can. Los Angeles DUI attorney can help you avoid point count when we are able to negotiate better alternative charges. For example, a fairly common offense that will be negotiated after a DUI arrest is a drunk in public charge, in violation of California Penal Code section 647(f). Many other penal code sections and some vehicle code sections will not carry points on the DMV record. A common California Vehicle Code section violation that does not carry points is CVC 12500. Also, an open alcohol container in violation of Business and Professional Code section 25620 does not carry points, as well as some other alternatives.
Even though a DUI may remain on the criminal record for the rest of your life, insurance companies usually pay attention only to your state’s department of motor vehicle (DMV) record. After this 10-year period, the DMV will not count the DUI against you. After the 10 years your insurance rate should be the same as for a driver who does not have a DUI on his record.
For a more detailed analysis of your case and to answer all your question, please call our office to talk to an Affordable Los Angeles DUI lawyer.
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