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Last Updated
April 8, 2026
DUI
In California, a DUI conviction can leave long-term impacts on both your criminal and driving records. Understanding these impacts is crucial if you’re facing criminal charges. DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties.
Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature of your DUI. You need a reliable DUI defense attorney to assist you with your case.
This blog will explore how long a DUI stays on your criminal record in California and whether or not you can delete it in your documents.
In California, most drivers must adhere to a blood alcohol content (BAC) threshold of 0.08% is required to avoid legal penalties. For commercial drivers, it’s 0.04%, and for drivers under 21, it’s 0.01%. Exceeding these limits can lead to a DUI conviction. Penalties depend on whether it’s your first, second, or subsequent offense.
First-Time DUI: Up to 6 months of jail time, fines up to $1,000, and a 6-month license suspension.
Second DUI Offense: Up to 1 year of potential jail time, fines up to $1,000, and a 2-year license suspension.
Third DUI Offense: Up to 1 year of prison time, fines up to $1,000, and a 3-year license suspension.
These criminal penalties highlight the seriousness of DUI charges. Seeking help from a criminal defense attorney is crucial to minimize their impact.
A California DUI conviction is charged as a misdemeanor offense in most cases. However, there are instances when the court assigns a DUI violator with a felony DUI.
A felony DUI is given if the driver injured another person, they have an existing criminal offense, or the driver has a subsequent DUI conviction.
There are two statutes under California law discussing DUI conviction. These statutes are Vehicle Code 23152(a) and 23152(b).
23152(a) VC makes it illegal to drive under the influence of illicit drugs and alcohol. According to this law, it is unlawful to operate a vehicle if you are mentally and visually impaired to the extent that you can no longer drive safely.
On the other hand, 23152(b) states that driving is illegal if you possess a blood alcohol level of 0.08% or more. Regardless of whether you are impaired, the law states that you could still receive a conviction if a breath or blood test resulted in a 0.08% or greater.
Violation of 23152(a) VC and 23152 (b) is a misdemeanor. However, the court can charge you with a felony upon the fourth offense. Moreover, violators can also receive these punishments:
The court increases the violator's punishment as he repeatedly violates these laws. The court will conduct a 10-year look back to check for previous DUI convictions.
A DUI conviction remains in your driving record for ten years. During these ten years, you cannot initiate an expungement process. The 10-year count will only start once the defendant is arrested, not when they are convicted.
In California, a DUI conviction remains on your driving record for a full decade.
The Department of Motor Vehicles (DMV) can access this record. They will use this record to decide on license suspension, revocation, or reinstatements.
Aside from the DMV, other law enforcement officers can also view your DUI charges when they pull up your records.
In addition, insurance companies can also access your records and see your DUI conviction. Since these are grave motor vehicle violations, your insurance company may increase your premiums.
Your record of DUI arrests will last on your driving record for ten years. Unfortunately, there is no known way to drop this arrest from your driving record.
Expungement, the process of removing a criminal record, applies only to your criminal record. It is not possible to initiate an expungement request for your driving record.
Although these two records may sound similar, they are unique from one another. A criminal record is a record kept by the state government. On the other hand, a driving record is owned by the DMV.
Even if you expunge your criminal record, it doesn't make your case disappear from your driving record.
On a positive note, your driving record is not a requirement when applying for jobs. Potential employers may not be able to see your DUI arrest in this manner.
Once the ten-year period ends, your DUI arrest will drop off your record. However, dropping off doesn't necessarily mean that your arrest record disappears. The DMV will create an exclusive copy of this record for future purposes.
If you believe that the DMV possesses an inaccurate driving history record, you can request a correction. The DMV may order you to collect proof, documentation, and forms to submit in line with your request.
A DUI arrest history will stay on your record for only ten years in your driving record. On the other hand, it will remain permanently on your criminal record. DUI convictions are criminal charges in California.
A DUI can appear as either a misdemeanor charge or a felony on your criminal history record. Most DUIs are misdemeanors, but factors like causing injury, having multiple prior convictions, or a high blood alcohol level can elevate it to a felony.
However, you can have a DUI expunged from your criminal record once you complete your DUI probation period. You can only pursue this legal action if you are not sentenced to jail time or imprisonment.
When you expunge your DUI criminal record, the court exempts you from any consequences brought by the arrest. Once your request is successful, even the court cannot access your history.
However, expungement is different from sealing. When you "seal" your criminal record, the public cannot access your record. Unlike expungement, sealing a record still allows the court to access your criminal record.
Depending on the severity of your DUI case, the court may not approve your expungement request but approve your record for sealing.
It's best to confer with an experienced Bay Area criminal defense lawyer on this matter. They can help you identify the best way to proceed with your case when pursuing expungement.
California Penal Code Penal Code 1203.4 PC provides the right of a defendant to enter a not guilty plea. When the court approves a not-guilty plea, they will delete the DUI from the defendant's criminal record.
Expungement is a legal process that can clear a DUI conviction from your criminal history record. While it doesn’t completely remove the conviction, it can show the case was dismissed.
However, DUI expungement will not affect your DMV record. In California, there are specific requirements a defendant needs to meet to initiate a DUI expungement from their criminal record.
First, the defendant must have completed their probation period;
Second, the defendant cannot be sentenced to jail time or imprisonment;
Third, the defendant must not have a history as a sex offender.
If the person meets these requirements, the court may allow them to request and erase the DUI from their criminal record. However, this does not mean that the DMV will remove the DUI from their history.
A defendant may pursue expungement for misdemeanor and felony cases. But, there's a slim chance of expungement with felony cases. A DUI lawyer can help you determine if expungement or sealing is appropriate for your case.
The court looks at certain factors in approving an expungement request. Here are some of the most commonly weighed factors in a court decision:
Similar to every other criminal case, exemptions also exist in DUI cases. It would be best if you spoke about this with your lawyer. They can help you understand and determine if your case fits other exemptions for the case.
A DUI conviction often shows up on a criminal background check in California. The conviction will also show up on a driving record check.
It is best to disclose your DUI conviction to your potential employer if you seek employment. Some employers may see the conviction as a red flag and may not hire you.
However, some employers may not mind the conviction and may still hire you. It is best to be straightforward about your DUI conviction with a potential employer.
You can also try to expunge your DUI conviction from your criminal record. Once you have accomplished your probation period, you can request that the court delete your DUI from your criminal record.
If the court denies your expungement request, alternative options such as sealing may be available. Potential employers may not be able to view your DUI convictions, but the court can still access your files.
It is best to talk to a lawyer about your case. A DUI conviction can have long-lasting effects on your life. You would want to do everything to clear your name and not jeopardize opportunities.
If you are arrested for a drunk driving case, the DMV has the right to suspend your license. Depending on the degree of your case, they may also revoke your driver's license.
The DMV point system is a way for the department to track DUI convicted drivers. The DMV will give you points when you are convicted or arrested for a DUI. These points will determine the instances you committed a traffic violation.
Some violations can give you one point, but others can give two points. The more points you garner, the more likely you will lose your driver's license.
The California DMV may suspend or revoke your license if you meet the following point requirement:
Having one previous DUI conviction already gives you two points. Most serious traffic violations also equate to two points. Points earned from these offenses will stay on your record for ten years.
Furthermore, failure to attend a court appearance for DUI will add another ten years of points retention. In contrast, minor traffic violations equate to a single point. A one-point violation usually clears up after 36 months.
Other than putting your license at risk, the pointing system also significantly affects your insurance rate. Higher points could lead to higher insurance premiums.
Alternative pleas may help prevent or lessen earning DMV points for your DUI charges. However, it's best to seek the advice of a lawyer when you decide to proceed with a plea bargain.
A plea bargain is defined as a deal between a prosecutor and a defendant. The defendant accepts to plead guilty to a particular crime in exchange for the prosecutor reducing the charges.
The defendant also agrees to waive their right to appeal in most cases. The court also accepts the guilty plea as part of the plea bargain.
Pleading guilty to a lesser charge can help you avoid the mandatory penalties for DUI. For instance, pleading guilty to a wet reckless can help you avoid the 48-hour jail sentence for DUI.
In most DUI cases, a wet reckless is usually charged due to a plea bargain. The law defines wet reckless as driving under the influence of alcohol or drugs but not to the point where it meets the legal criteria for DUI.
The court also often awards a wet reckless charge to first-time offenders with low blood alcohol content levels or those who had no accident or injury involved in their arrest.
Pleading guilty to a wet reckless charge can also help you avoid your driver's license points. If you are convicted of DUI, the DMV will add two points to your driver's license. A plea bargain of wet reckless will only add one point.
Remember that every case is different, and alternative pleas may or may not work for you. It is critical to seek the counsel of an attorney who can advise you on the best course of action for your situation.
A DUI conviction can significantly affect various aspects of your life, such as your ability to secure jobs, maintain professional certifications, and sustain healthy personal connections. Future employers, landlords, and licensing boards often conduct background checks, which can reveal your DUI. This can make it harder to secure employment, housing, or money in the form of a loan.
Taking proactive steps, like seeking legal help and completing community service, can help you rebuild your life.
At Summit Defense, we’re here to guide you through these steps and help you protect your future.
About The Author
Rabin Nabizadeh
Attorney at Law
Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts around the Bay Area. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.
If you have been accused of a crime in the Bay Area, you need experienced legal counsel to protect your rights, reputation, and future. Summit Defense Criminal Lawyers understands how overwhelming a criminal charge can be. Whether you are facing allegations involving violent crimes, sex offenses, domestic violence, DUI, or other serious charges, the consequences can be severe—including jail time, heavy fines, and a permanent criminal record. With offices throughout the Bay Area, including San Francisco, Oakland, and San Jose, our attorneys provide strategic, aggressive defense to clients across Northern California. Contact us today to discuss your case and learn how we can help protect your future.
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