DUI stands for driving under the influence, while DUI is short for driving while impaired. These legal driving records include misdemeanors and felonies.
If you get charged with a DUI, the crime will remain on your record for 10 years. Every state has different laws, so laws can vary from state to state.
The length of time your DUI will stay on your record varies depending on your state. It also depends on your driving history and traffic offense history.
Learn more about how long does a DUI stay on your record.
How Prior Convictions Affect DUI Penalties
The length of time of a clean DUI record can vary from state to state. Generally, a DUI stays on your record for a period of up to ten years and, in some cases, even longer.
Having a prior conviction for DUI can significantly impact the penalties a person faces if convicted of a subsequent DUI. For example, penalties may include increased fines, longer jail sentences, longer periods of license suspension, increased insurance rates, and even mandatory attendance at an alcohol treatment program.
Additionally, in some cases, prior DUI convictions can be used to enhance penalties for subsequent offenses, meaning that the punishment is increased due to the individual having a prior conviction. Ultimately, those facing a DUI charge should be aware that prior convictions will affect the penalties if convicted.
How Long DUI Convictions Stay on Your Record
DUI convictions often have lasting consequences. Depending on the jurisdiction, a DUI may remain on a person’s record anywhere from 10-38 years. It is important to know the statutes in your state as they may differ.
In some places, a DUI will stay on an individual’s criminal background check for life. Even if the applicable state statute indicates the DUI should be removed after a certain number of years, it is hard to know if that record will always be accessible.
Employers, insurers, credit reporting agencies, and government agencies often have access to DUI convictions, even if they shouldn’t be in accordance with state laws. A person’s best course of action is to research state DUI regulations and take proactive action to lessen the damaging effects of a DUI conviction.
States Where DUI Priors Count Only for a Certain Number of Years
In states where DUI priors count only for a certain number of years, how long a DUI will stay on your record depends on the particular state’s laws. Usually, the first DUI offense remains on a driver’s record for five to seven years.
Subsequent DUI convictions typically remain for 10-15 years. Penalties for DUI may be based on how many DUI offenses a driver has been charged with in this time frame.
Some states may also permanently suspend the driver’s license if there is a history of multiple DUI convictions. It is necessary to check with the state laws in order for drivers to understand the DUI laws in their state to determine how long a DUI will stay on their record.
- California: Ten years
- Michigan: Seven years
- Nevada: Seven years
- Louisiana: Ten years
- Ohio: Ten years
- Washington: Seven years
- Tennessee: Ten years
- Virginia: Ten years
States Where DUI Priors Stay on Your Record Forever
In many states, a DUI or DWI conviction stays on an individual’s record forever. This means that if an individual is arrested for a DUI, the charge and conviction will be visible on their public record seemingly forever. These states are the following:
- Massachusetts
- Indiana
- New Mexico
- Vermont
- Maine
This can impact future job prospects, as many employers conduct background checks prior to hiring. Furthermore, many states utilize sentencing enhancement statutes which can increase jail time for subsequent DUI convictions.
Each prior conviction is considered an aggravating factor. Due to the issues associated with a DUI conviction, it is critical for individuals to take action to clear their records.
Depending on the jurisdiction, options may include expungement or sealing records, request or reduction of charges, obtaining a pardon, or more. It is important to contact an experienced DUI attorney who can best guide you in the legal steps needed to clear your record.
States With More Than One Look-Back Period for DUI Convictions
States with more than one lookback period for DUI convictions allow for two to three different ways to look back on your driving record. Different states have different laws widely ranging depending on the region and severity of the offense, such as:
- Texas
- New York
- Georgia
Some states, for example, will keep a DUI conviction on your record for significantly longer periods of time than others. On the other hand, other states may provide a shorter lookback period which can tend to be fairly lenient. Knowing what lookback period rules apply to your state of residence could prove to be beneficial.
Typically for most states, even for those with multiple lookbacks, a DUI remains on your driving history for around five to ten years. This may, however, differ from state to state, so it is important to be aware of your specific laws.
Related “DUI” Offenses that Count as Prior Convictions
A DUI (Driving Under the Influence) charge can remain on your record for many years. Depending on the particular state you are in, a DUI can remain on a person driving record indefinitely. Also, related DUI offenses such as reckless driving, vehicular homicide, or driving without a license can be used as a prior conviction in any future misdemeanor or felony DUI charge.
It is important to note that any time there is a new DUI conviction, the older conviction is no longer applicable in court proceedings; however, in terms of the effect on a person driving record, most states use the older convictions as grounds to increase the penalties for any subsequent conviction.
Learn How Long Does a DUI Stay On Your Record
A DUI conviction can have long-lasting effects on your life. To stay informed and protect your rights, be sure to speak to a local DUI attorney to discuss the specific guidelines of your state and how long does a DUI stay on your record.
Your attorney can help you understand the consequences of a DUI and provide the resources you need to move forward in the best capacity possible.
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