Wondering how long does a DUI stay on your record in California? I see that concern. You’re not alone. Many folks worry about this same thing, especially with all the changes in reporting systems, employment background checks, and insurance implications (which can be brutal, honestly). Have you been given conflicting information?
At The Law Office of Jennifer Granger, we’ve helped hundreds navigate this exact situation. The timeline isn’t what most people expect. Our DUI lawyers in Nevada County can explain your specific situation right now. No waiting.
Ok, let’s talk DUI laws in California. Quick version. Blood alcohol concentration limits? 0.08% for regular drivers. Lower for commercial drivers – 0.04%. Zero tolerance for under 21.
California takes driving under the influence seriously. VERY seriously. Doesn’t matter if it’s alcohol, prescription meds, illegal drugs. Impaired? That’s a DUI.
The California DMV makes it clear: even legal substances can get you a DUI. Your medical marijuana card? Your prescription? Not a defense if you’re impaired.
First offense. Second offense. Third offense. Each one worse than the last. Penalties stack up. Fines increase. Jail time extends. License suspension gets longer.
The thing is… most people focus on immediate penalties. The court dates. The fines. The potential jail time. But they don’t think about the long-term record. How long that DUI follows you around.
And that’s what we’re here to talk about.
Now, when we talk about how long a DUI stays on your record in California, we need to get really specific because there are actually different types of records that maintain information about your DUI conviction, and each of these records has its own timeline and implications for your life moving forward, which can be confusing for a lot of people who are trying to understand the full picture of what happens after they’ve been convicted of driving under the influence in the state of California.
First and foremost, your DUI will remain on your California Department of Motor Vehicles (DMV) driving record for exactly 10 years from the date of the violation, not the conviction date, which is an important distinction that many people miss when they’re calculating how long they’ll be dealing with this mark on their record.
This 10-year rule for DUIs is what people are typically referring to when they ask about DUI record duration, but it’s only part of the story.
Your criminal record is a different matter entirely. Without taking specific actions, a DUI conviction will permanently remain on your criminal record in California, which means it will show up on background checks indefinitely unless you take steps to have it expunged.
The California Courts system provides information about criminal records and explains that while the DMV record has a 10-year lifespan, your criminal record doesn’t automatically clear.
So what happens when you have this DUI on your record? Let me tell you. Insurance rates skyrocket. We’re talking sometimes triple what you were paying before. Why? Because you’re now considered high-risk.
And then there’s employment. Background checks for jobs? They’ll see it. Some employers won’t care. Others will immediately put your application in the “no” pile. Especially if the job involves driving.
License suspension is another big one. First offense typically means 6 months. But could be a year. Depends on circumstances. Blood alcohol level. Whether there was an accident. Previous record.
After suspension, you’ll need an SR-22 form. It’s basically insurance companies telling the state, “Yes, this high-risk driver is covered by us.” They don’t file these for free! Your insurance rates reflect this additional risk.
The California Department of Insurance explains how DUIs impact your insurance rates and requirements.
Professional licenses? Affected. Security clearances? Might be denied. Housing applications? Some landlords check criminal backgrounds. A DUI isn’t just about not driving for a while and paying some fines. It’s years of consequences that follow you around.
Alright, let’s talk about expungement. People always want to know if they can just… make it go away. The answer is… complicated.
You can petition to have a DUI expunged from your criminal record in California. But there are conditions. You must have:
Even with expungement, here’s what people don’t understand: it doesn’t erase the DUI from your DMV record. That 10-year timeline? Still applies. For driving purposes, insurance purposes, and future DUI enhancements, that record remains intact.
The expungement process involves filing a petition with the court where you were convicted. There’s paperwork. There’s a fee. There might be a hearing.
The California Department of Justice provides resources on understanding your criminal record and the expungement process.
When explaining clearing a DUI from your record, I have to be clear: expungement doesn’t “erase” your DUI—it changes how it appears. After expungement, your record shows the case was dismissed after a conviction. Better than an active conviction, but not a clean slate.
Look, I’m going to be honest with you. Not all DUIs are created equal. And I get a little frustrated when people think a DUI is just a DUI.
Misdemeanor vs. felony DUI – makes a HUGE difference! A standard first-time DUI with no injuries or special circumstances? Typically a misdemeanor. But add in factors like injuries, having a child in the car, or extremely high BAC levels? Now we’re potentially talking felony.
And don’t get me started on multiple offenses. California uses that 10-year look-back period I mentioned. Get another DUI within 10 years of your first? Penalties get worse. Much worse. Third offense? Fourth? We’re talking mandatory jail time, longer license suspensions, and longer probation periods.
Recent DUI law changes in California have been trending toward stricter enforcement. For 2025, we’re seeing more counties requiring ignition interlock devices even for first offenses.
The California State Legislature frequently updates DUI laws, so staying current on these changes is crucial if you’re dealing with a DUI charge.
Blood alcohol level at time of arrest? Big factor. Just over the limit vs. twice the legal limit? Different consequences.
Whether you caused an accident. Whether someone was injured. Whether you refused testing.
All these factors. They matter.
Listen. A DUI is serious business in California. The record follows you for at least a decade. Maybe longer. Understanding exactly what you’re dealing with is the first step toward managing the consequences and moving forward.
It sticks there. Permanently. Unless you get it expunged. And no, expungement isn’t automatic or guaranteed. Your criminal record will show that DUI conviction forever until you specifically petition the court to dismiss it after completing probation. Even then, certain agencies like law enforcement and professional licensing boards can still see it. Not ideal.
Insurance rates? They explode. We’re talking increases of 30% to 300% depending on your provider. Expect to pay these inflated rates for at least 3–5 years. Maybe longer. And you’ll need that SR-22 form. Extra fees there too.
For jobs? Any position requiring driving is obviously affected. But beyond that, employers doing background checks will see it. Some don’t care. Others have zero-tolerance policies. Healthcare, education, government positions? Those industries tend to be pickier about DUIs.
Depends entirely on your situation. Most defenses focus on either procedural errors or challenging the evidence:
Some defenses include rising blood alcohol, medical conditions, and lack of probable cause. But they all require proof, not just saying “I wasn’t that drunk.”
Huge role. Employers absolutely see it. Most standard checks go back 7 years. Some go further. Government jobs? Security clearance positions? They see everything. California has “ban the box” laws preventing conviction questions early in hiring, but background checks still happen before offers are finalized.
Here’s the bottom line: The 10-year DMV record penalty isn’t changing in 2025, but you’ve got options. I’ve seen too many clients wait until job applications to address their DUI (that’s when everyone suddenly cares about their record!). Don’t let this follow you longer than it has to. California’s expungement process takes 3-4 months, so if you’re thinking about cleaning up your record…
Need guidance? Contact our firm today for a consultation.