With 4,428 collisions across the state, California has the highest number of DUI-related fatalities in the US as of 2022. Understanding DUI charges and convictions is critical for those facing criminal record implications.

But how long does a DUI stay on your record, exactly?

Read on to answer this question and learn about the legal aspects of DUIs in California.

The Basics of DUIs

Driving Under the Influence (DUI) is a criminal charge imposed on those who drive while intoxicated. Usually, it refers to drunk driving.

Those pulled aside for a DUI usually are asked to take a breathalyzer test. They blow into the breathalyzer, which enables the authorities to see their blood alcohol content (BAC).

For adults who are at least 21 years old, the highest BAC that’s legal for driving is 0.08%. However, some drivers are still convicted with lower BACs if prosecutors can prove that the alcohol impaired their driving ability.

If you’re under 21 years old, you’re not of a legal drinking age. The only legal BAC is 0%.

Most DUIs in the Golden State are misdemeanors. However, you may face felony charges if:

• You injure or kill someone while driving under the influence
• You have a past felony DUI conviction on your record
• You have three or more past DUI convictions
• You have three or more past wet reckless convictions

In order to be pulled over for a DUI, the officer must have probable cause to stop you. Probable cause means reason to suspect you of being intoxicated while behind the wheel. Some potential reasons to stop you may include:

• Excessive speeding
• Reckless movements like jerky braking and swerving
• Blowing stoplights and stop signs
• Failure to adhere to any traffic laws

If a police officer stops you without probable cause, you may not be liable for the DUI. However, an experienced law firm would need to prove that there was no probable cause to pull you over, and finding evidence of this can prove challenging if a breathalyzer confirms you were intoxicated.

DUI Penalties

The State of California DMV clearly outlines what happens after a DUI arrest.

Once someone is notified of their license suspension or revocation, the police officer making the arrest must send the notice to the DMV. It will come with your driver’s license after the officer takes possession of it.

The DMV then performs an administrative review where they:

• Examine the official report
• Look at the order for suspension or revocation
• Ensure that the person on the license matches the person listed on official documents
• Assess breathalyzer and/or drug test results that the officer gathered and reported

If the DMV confirms what the officer said, first-time DUI offenders will frequently get a six-month suspension of their driver’s license.

Despite this DUI offense’s impact being fairly serious, some people may be able to get a restricted license. In these instances, an ignition interlock device that tests the driver’s breath for alcohol may be installed for a six-month duration.

First-time misdemeanor DUIs also may carry penalties such as:

• Between $390-$1,000 in fines
• 3-5 years of probation
• Mandatory DUI school for 3-9 months

Some counties also have jail penalties of up to six months, though they are not frequently imposed on first-time offenders.

Not all DUI penalties are direct. Indirect penalties include things like a rise in your insurance premium or the inability to apply for car loans.

Beyond the First Offense

If someone receives a second DUI within ten years of the first one, they will face harsher consequences than first-time offenders. These consequences may include:

• 18 to 30 months of mandatory DUI school
• A two-year license suspension
• One year of using an ignition interlock device
• 3-5 years of probation (the same as the first offense)
• $390-$1,000 in fines (the same as the first offense)
• 96 hours to one year in jail

Third-time offenders within a 10-year span may face:

• 30+ months of mandatory DUI school
• A three-year license suspension
• Two years of using an ignition interlock device
• 3-5 years of probation (the same as the first and second offenses)
• $390-$1,000 in fines (the same as the first and second offenses)
• 120 days to one year in jail

Note that there are minimum jail times imposed on second and third-time offenders.

Associated Penalties

Sometimes, people convicted of a DUI will be convicted of other related crimes as well. Some common ones include:

• Reckless driving
• Public intoxication
• Speeding

These added convictions may increase the fines you pay. You also may face longer license suspensions and possible jail time.

Those who hit someone and injure them may face other felony charges rather than just DUI charges. If the accidents result in a fatality, you may face charges of DUI manslaughter or vehicular manslaughter. This can result in years of prison time.

How Long Does a DUI Stay on Your Record?

One less-immediate consequence of a DUI is obtaining a criminal record. The DUI will usually remain on record for ten years in the state of California.

Having a DUI on your record will show up in criminal background checks. This may impact your ability to get:

• Employment opportunities
• Apartments for rent
• Mortgages on homes
• Professional licensing in certain professions
• Bank loans, sometimes including payday loans

People also will need to report the DUI under the ‘criminal record’ section of college applications. They also may need to disclose their criminal record in the event of a conditional job offer.

Having a DUI means closed doors and limited opportunities for a decade of your life.

But how long does a DUI stay on your record if you have multiple offenses?

Usually, the answer is still ten years. However, it will be ten years from the most recent incident rather than the first one. If you have a second DUI three years after the first, your criminal record will show a DUI for 13 years rather than 10.

This number may also increase if you are convicted of a felony DUI rather than a misdemeanor. Only a legal team can help you determine what charges are likely to remain on your record for longer.

Conditions of Expungement

Luckily, expungement is an option for some California residents.

“Expungement” happens when something is removed from a criminal record. Those with expunged DUI charges see them completely removed from the state and federal record.

They no longer have to face the missed opportunities that they had before expungement. In fact, it is illegal for employers and landlords to discriminate against those with expunged convictions even if they learn about them.

To expunge a DUI, California residents must:

• Complete all the terms of their probation
• Pay the fines and restitution that your penalty outlines
• File a Petition for Dismissal with the court that handled your DUI
• Pay a court filing fee of about $100
• Wait for the court to grant or deny your petition

If the petition is granted, you’re in luck. The DUI is off your record.

If the petition is rejected, you may want to schedule a hearing with the court. This will give you and your legal team another chance to state your case and prove you can comply with the law.

Criminal Defense Law Firms: Your Partner in Combatting Charges

Criminal defense law firms help those charged with DUIs combat the charges. This helps people to avoid convictions that impact their criminal record. You are less likely to face harsh penalties like jail time.

At Prentiss Law & Associates, you get top-notch assistance. We have multiple lawyers, paralegals, and support staff to help tackle your case together.

Some common defenses that law firms will look into include:

• The driver actually being sober when the stop took place
• The lack of probable cause in the traffic stop
• Incorrect or inaccurate breathalyzer results
• Inaccurate field sobriety tests when authorities determined performance

If legal professionals can prove one of these defenses true, you’re unlikely to be convicted.

Criminal defense law firms can also help those who have been convicted of DUIs in the past. They can advocate for these individuals to have their criminal records expunged. Some common arguments for DUI record expungement include:

• Rehabilitation has taken place
• A low likelihood of recidivism
• Fairness for first-time offenders looking to move forward

Choosing a law firm that has had success in past DUI cases is critical. They have a proven record of helping individuals like you. You can rely on a top-notch understanding of California DUI laws and the legal processes that fight against charges.

The Process of Criminal Defense

Trying to defend yourself when faced with criminal charges can:

• Increase the possibility of self-incrimination, especially when arguing against professional prosecutors who know how to trip defendants up
• Make gathering evidence challenging since you can’t subpoena documents
• Create a struggle to navigate court proceedings like objectives and evidence presentation
• Cause emotional bias that makes prosecutors and judges question whether your statements are accurate

Hiring an expert DUI lawyer is a simple way to avoid these mistakes.

Criminal defense legal firms perform many functions when representing defendants in court after DUI charges.

First, they’ll talk with you and learn more about your case. They’ll inform you of what penalties you may face and how they plan to help you avoid or minimize them.

Then, the lawyer will get to work gathering evidence like:

• Police reports
• Breathalyzer and sobriety test results
• Security camera footage of the location where you were driving
• Eyewitness accounts of the driver’s movements
• Property damage photos (in the event of a collision)
• Medical records and documents (in the event of a collision)

Once all the evidence is in one place, an experienced lawyer will objectively assess it. They’ll compile the evidence to create a compelling case for you. Whether you want to plead innocent or try to reduce charges, the law firm will remain goal-oriented.

Then, you and your legal team will create a plan for court. When you go before a judge, the lawyer will present your case and outline the evidence. They’ll argue with prosecutors convincingly and be careful not to incriminate you.

Since DUI law firm employees have been in court hundreds of times before, you can trust that they’ll advocate for you thoroughly.

Choosing the Right Law Firm

To reap the benefits of a DUI lawyer, you’ll need to choose a legal team with the experience and credentials to argue your case with finesse.

Prentiss Law & Associates have experience handling several types of DUI cases, including:

• First-time offenses
• Multiple DUI charges
• Underage DUI cases
• DUI accidents
• DUI manslaughter

Law firms who have experience advocating for those with multiple types of DUI charges will have a better-rounded understanding of DUI laws. They will have learned more from their extensive experience and can apply this knowledge to your case.

To choose a great lawyer:

• Thoroughly look over legal firm websites
• Read online reviews
• Talk with past clients in online forums
• Thoroughly browse the websites of potential law firms

At this point, it’s time to schedule a free consultation to discuss your case. This no-obligation discussion is the perfect time to ask questions about:

• What charges and penalties you’re facing
• The lawyer’s past experience with DUI law
• Success rates with cases similar to yours
• Methods of gathering evidence
• How the lawyer plans to employ aggressive criminal defense strategies
• What fee structure and rates the law firm uses to get payment
• How your lawyer will communicate with you

Communicating about your case while it’s ongoing ensures that you understand all proceedings and know what to expect.

That’s why a primary consideration when choosing a law firm should be whether they communicate transparently and openly. Make sure to assess how comfortable you are with them as they answer your questions at the consultation.

Find DUI Legal Assistance in Northern California

So, how long does a DUI stay on your record in California?

The answer is nuanced, but about ten years is the standard timeframe for DUI penalties duration.

Now that you know the ins and outs of DUIs and criminal record implications, it’s time to seek legal help to avoid a conviction. Our Northern California criminal defense legal teams have over 15 years of experience in helping those facing DUIs and other charges in the Golden State.

To learn more about our aggressive representation and personally tailored approach to cases, reach out to our Redding and Chico offices. Contact Prentiss Law & Associates today to schedule a consultation.