Legal Question in DUI Law in California

How long does a DUI stay on your record in California?


Asked on 3/28/11, 10:56 am

4 Answers from Attorneys

Matthew Koken Law Office of Matthew S. Koken

A DUI can stay on your record forever.

Probation for a DUI, at least in San Diego, is for 5 years.

According to the Penal Code, any DUI within 10 years of a prior DUI and that prior DUI can be used against you in court to increase your potential punishment on the second DUI. If the prior DUI is older than 10 years old, it may not be used against you as a prior DUI.

Feel free to contact my office at 619-228-4578 if you have any more questions or concerns. Thank you.

Matthew S. Koken

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Answered on 3/28/11, 11:00 am
Rick Mueller San Diego County DUI Law Center

That's right. And consider this: http://www.sandiegodui.com/expunge.html.

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Answered on 3/28/11, 11:26 am
Terry A. Nelson Nelson & Lawless

Forever, just like any other criminal conviction. It only counts as a prior for 10 years.

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Answered on 3/28/11, 12:36 pm
Paul Burglin Burglin Law Offices

A DUI conviction in California triggers two points on your DMV driving record. These points go off three years after the violation date. Nevertheless, insurance rates can be impacted for a longer period of time. Presently, the conviction may be used to enhance the punishment of a future DUI offense for 10 years from violation date to violation date (this 10-year look-back period will likely be extended by legislative amendment in future years). Background checks on your criminal record will reveal the conviction even years from now, though an expungement can help the impact of it.

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Answered on 3/28/11, 4:37 pm


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