Saturday, June 23, 2012

How Long Does A California DUI Stay On My Record?

The laws in various states differ as to how long a drunk driving arrest stays on a person's record.  there are two aspects of the question that need to be answered seperately.  The first is the DMV aspect.  In CA the DMV will keep a DUI on a driver's record for a minimum of 10 years.  The reason for this is that a conviction for either VC23152a or VC23152b will be priorable for ten years meaning that if the person picks up another driving under the influence with that time frame then the DMV will use the prior DUI as an enhancement to impose harsher suspensions and even jail time on the criminal side.

The second aspect is the criminal record.  Here, it is possible to get a criminal conviction for DUI off a criminal record in as early as 3 years.  This can be done by utilizing the expungement process that California dui laws allows in any criminal case, pursuant to the penal code 1203.4 statutes.  By getting the conviction expunged it allows a person to say they have no conviction for DUI even though it remains as a priorable offense on the perso's DMV record.  So, you can see there is a two part response to the question: How long does a DUI stay on my record?