A DUI will not necessarily remain on your driving record forever. If your first offense was a misdemeanor, it will stay on your DMV driving record for 10 years. This will be true of a felony charge as well.
In the event that you are arrested for driving under the influence a second time, the judge will take your prior conviction into consideration if the 10-year period has not passed. If 10 years have passed, your first arrest should not be held against you.
California Driving Laws Are Always Evolving
California drivers must be aware that the laws can change at any time. The state’s legislators are in the process of creating a law that would allow a DUI conviction to remain on a person’s driving record forever. This would mean that your driving record can be clean for 30 years between your first and second arrests, but the prosecutor will be forced to charge you with a second offense. Then, the court will have no choice but to sentence you as a repeat offender, and this will not be to your advantage because you would receive a harsher sentence.
The Possibility of Expungement
It’s possible to have your prior conviction expunged from your criminal record. This does not mean that your arrest will disappear. It would mean that your record will have the words “set aside and dismissed” rather than the word “convicted” next to the charge. This will benefit you if you are ever required to submit to a background check. If you decide to pursue this possibility, keep in mind that expungement is very rare.
Contact a DUI Lawyer Today
If you or a loved one has been arrested for driving under the influence, you will need the services of an experienced DUI lawyer. At Win DUI, we have many tools that we can use to help you fight this charge. You are not necessarily guilty of drunken driving just because a law enforcement officer arrested you. Contact us today, and let us help you save your reputation.
