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?

What is the Fine for a DUI in California?

It is perhaps the first question that jumps into the mind of a person arrested and charged with a driving under the influence offense, what is this going to cost me?  Surprisingly, the fine is usually the least expensive punishment doled out upon being convicted of drunk driving.  The Law in California proscribes a base fine for a first offense DWI of $390, however, on top of the base the Court will add what are called penalties and assessments.  These additional financial costs typically cause the base fine to triple or even quadruple resulting in a typical DUI fine of about $1600 to $2000 total after everything is said and done.

The fines imposed by the Courts can often be paid over extended periods of time such as 6 months to one year.  If the person cannot pay the fine, there are alternatives.  According to one California DUI Attorney, the defendant in a criminal case can request that the fine be paid by way of community service.  In Los Angeles County the Judges will always allow the probationer to do community labor such as Cal trans work or Beach clean-up, or grafitti removal to substitute for any financial obligation.  There are limitations to this type of substitution, for example, certain assessments such as the restitution fine cannot be satidied through community service and must be paid with cash.

Will It Help If I Got A DUI In California But I Am Now In Rehab?

Any criminal offense in California is treated very seriously and if you are convicted the judge can sentence you in accordance with the established law in the area.  Among the laws that a judge can consider is whether the individual has accepted responsibility for the crime.  One way of demonstrating that a defendant has done so is to get treatment for any drug or alcohol problem that may have precipitated the offense.  The fact that an accused has admitted themselves into a rehabilitation facility can be considered as a factor in mitigation of the criminal offense.

DUI charges in general often imply that a person may be abusing alcohol or drugs and the fact that they have subsequently obtained professional help is always viewed favorably by a Court.  Drug or alcohol treatment programs can write a letter which can be submitted to the judge at the time of sentencing and the laws in California mandate that a judge consider said evidence prior to the handing down of any punishment.

What is an SR-22?

An SR-22  is an official document sent to the California DMV proving that you carry the minimum amounts of liability insurance coverage as required by state law.  Well, you may ask I have the card that is sent to me by my insurance company, why will this not suffice?  No.  The state requires that something more official is required for those who have been ordered to file proof of an SR-22.  The certificate generally lasts for 3 years and must be renewed every year.

Typical kinds of reasons that would necessitate an SR-22 filing would be if someone is convicted of a DUI in Court.  Another reason would be if the driver gets an administrative suspension through the DMV for zero tolerance under age 21 or Admin per se, over .08 BAC or higher or VC 13353.2 proceedings.  These types of actions will usually all require that the individual file and maintain an SR-22 document.

Other kinds of cases include when a person is in a motor vehicle accident and does not have insurance.  The license would be suspended and in order to get the privilege reinstated the person would need to file an SR-22 with the California DMV.

Once the requirement is in place the person must maintain the proof.  If, for any reason, the company fails to keep the certificate current with the state then the driver would receive a notice of suspension that would immediately result in a revocation of the license to drive.

All state but a few have the SR-22 laws and it will be a short time before all states will have similar requirements.

What if I Have a DUI but Don't Live in California and the DMV is Suspending my License?

Here is the scenario:  You get arrested in California for DUI and the DMV issues you a pink piece of paper stating your privilege to drive here will be suspended.  You request a hearing and you lose, or you ignore the notice and the time to demand a hearing has passed, your privilege to drive in CA is now suspended.  

But what if you do not live in California? The California DMV will take action against your CA license ( Or privilege to drive in CA) even if you do not live in the state if you blow a .08 and lose the administrative hearing or you are convicted of a DUI in Court. One of the biggest sources of frustration is when an out of state resident gets a DUI here and goes back to their home state and get a letter in the mail explaining their license is suspended or “cancelled” and will not be restored unless they complete an in state DUI program in California. Or another example is the person gets a DUI in California -- then moves to another state where they satisfy the terms of your court ordered probation by waiting out the suspension period and compeleting an out-of-state DUI Program. They then find that regardless of whether you move back to California, no DMV in any state in the country will give you a driver's license.  The person facing a suspension can get very frustrated in trying to find out what to do.

The person has two options (1) come to California and complete the approved in person DUI classes (AB541 or greater), or (2) continue to reside out of state and request an application to terminate the action in California.  So long as you live in California, California  DMV will never accept completion of an alcohol class from another state. The in-person class must be taken in California even if the court accepted an out-of-state or online program in satisfaction of probation. (Note: DMV requirements and the Court probation conditions are separate.)

The “Application For Termination of Action”. California Vehicle Code 13353.5 allows the Department of Motor Vehicles (DMV) to terminate a DUI suspension or revocation for a person who is a resident of another state at the end of the suspension or revocation period.  This will allow the person to apply for a license in their state of residence.

If you move out-of-state, you can call DMV Mandatory Actions Unit in Sacramento, California, at (916) 657-6525 and ask for a DL 4006 application for termination of action form or what was at one time called the "1650 waiver packet." They will only mail this packet to the licensee at an out-of-state address (you will also have to prove you live out-of-state with a utility bill or such). The termination action removes the California hold, assuming an SR22 (DL 300) is also on file with DMV. (California Proof Requirement for Non-Resident).  Once the action is terminated in CA your driving privileges can be restored in your home state.  According to the DMV, you are eligible for termination of action under VC §13353.5 if all of the following applies to you:

• Any suspensions or revocations imposed against your driving privilege have concluded.
• Any Administrative Per Se (APS) restrictions are no longer in effect.
• Any court-ordered restrictions or DMV ignition interlock device (IID) restrictions are no longer in effect.
• All applicable Administrative Service fees have been paid.

Here is the link to the DMV website which contains the necessary forms and information 

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/statewide-ignition-interlock-device-pilot-program/termination-of-action-for-out-of-state-residents/

If you come back to California within 3-years and want your license back, you will have to take the applicable in state California DUI class.

The above process is required only if you are convicted in Court for VC23152 or 23153, if you are not convicted in Court of one of these code sections but still sustained an administrative suspension due to having a .08 or higher breath or blood test, under 21 zero tolerance, or refusal, you may not need to get a 1650 waiver or worry about requesting a “termination of action” but will still be required to file an SR22, ride out the administrative suspension, which could be as long as 3 years, and pay the necessary reissue fees.

Matthew Ruff is a DUI Attorney in Torrance California.

How Does Bariatric Surgery Affect a DUI?

Bariatric surgery is commonplace in today's society.  The weight loss treatment that many people have to stem life threatening conditions can often lead to other problems.  Recently, the science in medical journals reported that many have seen an uptick in alcohol abuse.  What impact does the surgery have in a DUI case?  Well, the stomach is reduced significantly, essentially becoming a small pouch that can hold very little liquid.  As such, when alcohol is consumed it it rapidly absorbed and the BAC level peaks quickly then falls very quickly as well.  This condition does not lend itself to any rising BAC defenses due to the quick absorption times.  The surgery may have some influence on BAC levels that fall quickly but the science usually does not lend itself to any known DUI defenses.

Is a DUI a Felony in California?

No, not generally.  A simple DUI, which is codified as a Vehicle Code section 23152 is a misdemeanor in the state of California for all purposes.  The only time a DUI can become a felony is if someone was injured or seriously hurt or of the person charged has 3 or more prior DUI convictions in a 10 year period.  Some believe that the California DUI laws make a DUI a felony if your breath or blood test is very high, say above a .20%.  This is again false, according to one Manhattan Beach DUI Attorney who has defended thousands of these types of cases.  The BAC level will determine the kind of punishment that a judge will impose, such as a longer DUI school or a higher fine or some jail time but the blood alcohol level alone cannot turn a misdemeanor DUI into a felony anywhere in the state of California.  The best advice is to consult with a local lawyer who can go over potential penalties and consequences that may flow form a driving under the influence arrest,  Once you have this information you can make informed decisions about which way you may want to take the case, say a plea bargain or going to jury trial.