Pablo Luna
Anyone found guilty of driving under the influence in the state of California will have that DUI on their driving record for 10 years. As for a criminal record, the DUI will remain there permanently.
Driving Record vs. Permanent Record
When it comes to DUI, there are two separate records that a conviction will affect. Your driving record is on file with the Department of Motor Vehicles (DMV), while your criminal record is on file with law enforcement.
Driving Record
Driving under the influence can negatively impact your driving privilege. Learn more about general license suspensions in California to best understand how a DUI or other driving infraction could affect your ability to keep your license. Driving records are kept on file with the DMV and are accessible only by DMV officials, law enforcement, and your car insurance provider.
Your driving record will not show up in a general background check by a potential landlord or employer. A DUI used to stay on your record in California only for seven years, but in 2007, that number was increased to 10 years. If you have a DUI conviction on your driving record, your insurance company will raise your premiums.
A DUI conviction counts as two points against your driving record. In California, your license will be suspended if you accumulate four points over a two year period, six points over three years, or eight points in six years.
Criminal Record
Unlike your driving record, a DUI stays on your criminal record forever. A first offense DUI is a misdemeanor, but the severity of the misdemeanor goes up with subsequent offenses, and a fourth DUI in 10 years can result in a felony charge. A felony can also be charged if someone is injured as a result of a DUI.
Your criminal record is a public record that anyone can access. So, a DUI on your criminal record would be viewable by a potential employer or any other third party who checks on your criminal record for whatever reason. It is possible to get a DUI expunged from your criminal record, but only under certain circumstances.
Other Consequences of a DUI
While a first DUI will not result in your license being revoked (unless you already have other points on your record that put you over the limit) you could be required to install an ignition interlock device (IID) on your vehicle. An IID is a breathalyzer that a driver must blow into in order to operate their vehicle. If the driver blows over the limit, the ignition will lock, and the car will not start.
A first offense DUI can result in a six-month requirement for an IID. For a second offense, a year can be ordered, two years for a third offense, and three years for any further offenses.
There are six basic types of DUI charges in California. They are:
- First offense misdemeanor DUI
- Second offense misdemeanor DUI
- Third offense misdemeanor DUI
- Misdemeanor DUI with injury
- Felony DUI with injury
- Felony DUI
First Offense Misdemeanor DUI
A first offense misdemeanor DUI can come with a whole long list of consequences, including up to six months in county jail with informal probation of three to five years, fines ranging from $390 to $1,000, and enrollment in a three or nine-month course at a DUI school. If a defendant chooses not to have an IID installed in their vehicle, they will instead face a four to ten-month suspension of their license.
Second Offense Misdemeanor DUI
A second offense misdemeanor DUI comes with slightly tougher consequences. With a second offense, you will serve at least 96 hours in county lockup and possibly as much as a year. The probation and fines remain the same as with a first offense, but the DUI school term increases to 18 or 30 months. Should you choose to pass on having an IID installed this time, you will face a two-year suspension of your license.
Third Offense Misdemeanor DUI
With a third offense misdemeanor DUI, the minimum jail time rises to 120 days, with the maximum remaining at one year. Once again, possible probation terms and fine amounts remain unchanged. The 18-month DUI course is no longer an option, only the 30-month course. Should a driver choose to forego the IID installment, they will face a three-year suspension of their license along with being designated a “Habitual Traffic Offender.”
Misdemeanor DUI With Injury
Whether a DUI that results in an injury is classified as a misdemeanor or felony depends on the circumstances of the arrest and the criminal history of the driver. If classified as a misdemeanor, it can result in five days to a year in county jail.
Probation remains the same as other misdemeanor DUI offenses, but fines go up to $390 to $5000 along with payments made to the injured party. Any of the above lengths of DUI classes may be assigned. Should the defendant choose against the IID, they will have a one-year suspension of their license.
Felony DUI With Injury
Penalties become quite severe at this point. The DUI charge comes with a sentence in state prison of sixteen months to 10 years. On top of this, there is an additional sentence of one to six years, depending on how many people were injured, and how severe their injuries.
Fines will range from $1,015 to $5,000 along with restitution to injured parties. They will also have an 18 or 30-month program at DUI school, a possible strike on their record, and three years of Habitual Traffic Offender status.
Felony DUI
For a fourth DUI in 10 years, a felony DUI is charged which carries 16 months to three years in state prison, $390-$1,000 in fines, Habitual Traffic Offender status with the DMV, and up to a five-year suspension of the license, if the driver foregoes an IID.
Tougher Penalties
The driver does face more severe consequences if someone gets killed, which could include life in prison. Other factors that can increase penalties are blood alcohol content over double the legal limit, refusing to submit to a sobriety test, driving with a child in the car, speeding, and driving under the age of 21.
