How To Remove DUI From Driving Record

Summary:

A DUI (Driving Under the Influence) conviction in California carries severe penalties that extend far beyond initial court fines. A DUI remains on your DMV record for 10 years and on criminal background checks indefinitely without legal intervention, affecting employment prospects, professional licensing, insurance rates, immigration status, and commercial drivers’ careers. Businesses operating fleet vehicles also face heightened liability and insurance premiums if employees have DUIs. California’s strict DUI laws, complex expungement rules (Penal Code § 1203.4), and administrative license suspension processes create distinct legal hurdles for record-clearing efforts.

What This Means for You:

• Immediate Action: Request a DMV Administrative Per Se (APS) hearing within 10 days of arrest to contest license suspension (California Vehicle Code § 13558). Simultaneously, secure a DUI attorney to challenge evidence pre-arraignment.
• Legal Risks: Charges escalate from misdemeanor to felony with prior DUIs (within 10 years), BAC ≥0.15%, child endangerment, or injury crashes. Penalties include jail (4 days–4 years), fines ($390–$5,000), 3–9-month DUI school, and 6–36-month license suspension.
• Financial Impact: Expect $10,000–$15,000 in total costs: attorney fees ($2,500–$10,000), court fines, 300% insurance hikes, DUI school ($600–$1,200), IID installation ($800/year), and SR-22 insurance filings.
• Long-Term Strategy: Petition to expunge misdemeanor DUI convictions after probation completion under PC 1203.4, which dismisses charges but leaves the DMV record intact. Commercial drivers may need CDL reinstatement hearings.

Explained: How To Remove DUI From Driving Record

In California, a DUI (Vehicle Code § 23152) is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers; 0.01% for underage drivers) or while impaired by drugs/alcohol. DUIs are priorable offenses, meaning penalties escalate with each conviction within a 10-year “lookback period.” While expungement clears the criminal record, the DMV separately maintains driving records for 10 years under VC § 1807.

Types of DUI Offenses:

California recognizes standard misdemeanor DUI (first–third offenses), felony DUI (fourth offense within 10 years, DUI with injury/death under VC § 23153), drug-related DUIs (“DUID” under VC § 23152(f)), and “wet reckless” pleas (a reduced reckless driving charge involving alcohol). Underage DUIs (

Common Defences for DUI:

Challenging the traffic stop legality (lack of probable cause), disputing BAC accuracy (improper calibration/maintenance of Breathalyzers), rising BAC defenses (alcohol absorption post-driving), and medical conditions (acid reflux mimicking intoxication) are common strategies. Prosecutors must prove you were driving and impaired. Attacking officer certification in field sobriety tests or blood sample chain of custody may lead to evidence suppression.

Penalties and Consequences of DUI Offenses:

First-time misdemeanors carry 3–5 years’ probation, $390–$1,000 fines, 6-month license suspension, and 3–9 months of DUI school. Multiple offenders face extended jail terms (e.g., 120 days–1 year for second offenses), 2–3-year license revocations, 1–3-year IID requirements, and 18–30-month DUI programs. Felony DUI convictions add state prison sentences (16 months–4 years), 4-year license revocation, and permanent “priorable” status. Collateral consequences include 10-year immigration inadmissibility for non-citizens and loss of federal student aid.

The DUI Legal Process:

Post-arrest, you’ll face parallel tracks: a DMV license suspension hearing (requested within 10 days) and criminal arraignment. At arraignment, the court advises charges; your attorney files motions to suppress evidence. Pre-trial negotiations may yield plea deals (e.g., wet reckless). If convicted, sentencing includes fines, DUI school, and probation. For expungement eligibility, complete probation and file a motion under PC § 1203.4. Note: Expungement doesn’t remove the DUI from DMV records—only time does (10 years).

Choosing a DUI Attorney:

Select an attorney certified by the California DUI Lawyers Association (CDLA) with local trial experience. Key factors include: success in suppressing BAC results, knowledge of regional prosecutors’ plea policies, and DMV hearing win rates. Avoid flat-fee attorneys for complex cases involving drugs/accidents; hourly billing ($250–$500/hour) often reflects tailored strategies. Confirm they handle both criminal and administrative DMV cases.

Other DUI Resources:

California DMV DUI Portal: https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/dui-lawyer-referral-program/
California State Bar Lawyer Search: https://www.calbar.ca.gov/attorney

People Also Ask:

Can a DUI be expunged in California?

Yes. Under PC § 1203.4, misdemeanor DUIs without jail terms may be expunged if probation is completed, fines are paid, and no new charges exist. File a petition in the convicting court; prosecutors rarely oppose eligible cases. Expungement dismisses the conviction but doesn’t erase DMV records or restore driving privileges automatically.

How long does a DUI stay on your record?

Criminal DUIs remain publicly visible unless expunged. The DMV retains DUI records for 10 years (VC § 1807) and uses the same period for prior offense enhancements. Insurers typically review driving records for 7 years, leading to premium increases.

Will my license suspension be automatic?

Yes. The DMV imposes an automatic 30-day suspension if you fail to request an APS hearing within 10 days of arrest. Even if you win the criminal case, the DMV can uphold suspensions based on separate administrative criteria.

Can I drive after a DUI arrest?

Only with a restricted license after a 30-day hard suspension. Options include an IID-restricted license (drive anywhere with an ignition interlock) or a “to/from work” license after enrolling in DUI school. These require SR-22 insurance filings.

Do I need an attorney for a first-time DUI?

Absolutely. Prosecutors rarely dismiss DUIs outright, and self-representation risks enhanced penalties. Attorneys negotiate reduced charges (e.g., wet reckless), challenge license suspensions, and often recover their fees via avoided insurance hikes.

Expert Opinion:

A California DUI demands immediate legal action to contest license suspensions and challenge flawed evidence. Early intervention can reduce charges, while expungement limits long-term employment barriers—though DMV records remain immutable for a decade. Specialized counsel is non-negotiable.

Key Terms:

• California DUI expungement process
• Penal Code 1203.4 dismissal
• DMV APS hearing deadline
• Ignition interlock device requirements California
• Wet reckless plea bargain
• SR-22 insurance after DUI
• California DUI lookback period

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