For many years that I've been practicing, a DUI would stay on your record for seven years for criminal purposes, but the law changed quite some time ago. So, now, in today's society, a DUI stays on your record for ten years.
If you pick up a DUI and have prior DUIs, they will look back and see whether or not you have another DUI within ten years. If you do, it's a second-time DUI. If you have two DUIs within ten years, it's a third-time DUI, etc.
The more prior DUIs you have, the more severely the prosecutors and judges will treat you for purposes of punishment and sentencing related to your current DUI offense. One area to examine is the DUI for criminal purposes. Sometimes, you're outside those ten years, but the prosecutors can still see it on your criminal record. If that's the case, you can't stop them from considering it.
They can't legally use it to enhance your sentence and call it a second, third, or fourth-time DUI. Still, they can certainly consider it in the big scheme of things in deciding how they're going to deal with you for the current DUI against you. See CALCRIM 2110- driving under the influence.
Insurance Company Policy for DUI Cases
Also, for insurance purposes, you're going to want to know how long a DUI will stay on your criminal record. Usually, insurance companies can access your criminal record if they conduct a thorough background check and discover that you have prior DUI convictions. Then, it's simply a matter of a particular insurance company's policy regarding DUIs. Some of these insurance companies have different policies in place.
Some insurance companies have policies designed to attract business from individuals with prior DUIs, and they may offer more lenient insurance rates. However, many leading insurance companies are less likely to provide coverage to individuals with DUIs. They may either quote exorbitant rates that are unaffordable or simply refuse to insure you due to your prior DUI.
They will quote the quote so high that you won't be able to pay it, or they will simply not insure you because you have a prior DUI.
So, looking at it from a criminal standpoint, it's a ten-year perspective. Looking back from an insurance standpoint, it's the particular insurance company that matters. There is another category. There's also just your criminal record.
Let's say you go and try to get a job. Your arrest and conviction — if they conduct a thorough search of your record, they will be visible. They're going to see your confidence.
DUI Expungement in California
One thing you can do is file a 1203.4 of the Penal Code dismissal. It used to be called an expungement, but it was later realized that it's not a true expungement in California.
Many people were confused, thinking that it would be completely wiped off their record when they filed, and it was granted, which is not the case. It shows a dismissal related to a prior DUI, and that's typically the best you can do in California if you've completed your probation and filed that motion.
So, those are the three areas where DUIs are found in your record. The real issue is if you've got a prior DUI or even a current DUI, and you're concerned about the ramifications that are going to be long-term for those three years — your criminal record, your public record, and your insurance record.
It's crucial to sit down with a DUI attorney and possibly bring in a Minute Order from your record or even do a live scan, which I have a lot of people do. This will provide you with a clear understanding of your situation and determine whether any of the records can be alleviated, allowing us to obtain a 1203.4 motion.
For example, if you've a prior DUI conviction and have completed your probation, and despite being arrested, no charges were filed, depending on the circumstances, we may be able to file a motion to seal and destroy your arrest record. There are potential avenues for a positive outcome, and we're here to help you navigate them.
Reviewing Strategy with a DUI Attorney
So, several things can be done depending on the circumstances and what happened in your case, and sometimes there's nothing that can be done. Sometimes, you've got the conviction. You've made the motion, and it's been dismissed. It shows up, and you can see that someone had a DUI, and it was denied at a particular time. That's the best that you can do in California in many circumstances.
Even if you have a new case and are worried about your criminal record, it's crucial to sit down with someone like me, who has been doing this for 26 years. Let's talk about what you're genuinely facing moving forward. At Hedding Law Firm, we believe in honest and transparent communication. We'll tell you what you need to hear, not just what you want to hear. With our guidance, you can do the damage control that needs to be done, get out of the criminal justice system as fast as possible, and move on with your life.
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