A DUI-related conviction results in severe consequences that can affect several aspects of your life for many years. This is because a conviction record remains on your driving record for up to ten years after your arrest. You cannot remove it during this time, leaving it in plain view of entities that can change how they treat or serve you. For example, insurance providers can change your rate for auto insurance based on what they find in your driving record. The DMV and law enforcement officers will also see the record and can decide based on it.
A skilled DUI attorney can help you avoid these severe consequences through aggressive defense during the trial. They can also guide and support you through all the legal processes that could help you better your situation, including fighting the suspension or revocation of your license.
The Effects of a DUI on a Driver's Record
A DUI arrest occurs if you operate a vehicle while under the influence of drugs or alcohol or with a blood-alcohol concentration level of 0.08% or more. All drivers are subject to DUI laws, including ordinary drivers, commercial drivers, and underage drivers. The law provides severe consequences for a DUI conviction, like imprisonment, hefty court fines, and loss of driving privileges. These consequences punish motorists who put the lives of other road users at risk while driving while intoxicated. They also warn other motorists against drunken or drugged driving to keep the roads safe for everyone.
In addition to all the penalties you receive after a DUI conviction, a DUI arrest and conviction leave you with damaging criminal and driving records. These records affect all aspects of your life, including your social and professional lives. Sadly, they continue to impact your life for years, even after serving your sentence. It helps to understand how a DUI affects your driving record and what you can do to avoid some of these severe consequences. A skilled DUI attorney has all the information you need regarding this matter. They can also help, guide, and support you in seeking a solution that will remedy it.
A DUI arrest and conviction will appear on your DMV record. The possible consequences for this mainly depend on the entity that has access to your driving record and what they can do after discovering it. The people or entities that have access to your driving record include the following:
- The DMV
- Law enforcement officers
- Insurance companies
The DMV
The DMV licenses all drivers, registers motor vehicles, and issues ID cards. The agency also regulates motor vehicles in California and maintains traffic safety. When issuing licenses, the DMV tests trained drivers to determine their level of skills and competency. Only qualified drivers are given the privilege to operate vehicles within the state. The agency also maintains proper records of all drivers, including DUI and other criminal convictions and accidents. It allows drivers to keep their licenses until it is safe. The DMV can revoke or suspend your license if you demonstrate incompetence on the road through reckless driving or DUI.
The DMV is also responsible for registering vehicles. It registers all motor vehicles, including trailers and vessels, records vehicle ownership, and renews vehicle registrations.
You could miss one or more of these services if you have a DUI in your driving record. Remember that a DUI remains on your record for up to ten years. This means that within that time, the DMV can deny you a driver's license, deny your application to renew your license or register your vehicle.
The DMV's decision regarding your license can be affected based on what the agency finds on your DMV record. Thus, you could lose your license to suspension or revocation or face challenges reinstating it due to the damaged driving record.
The gravity of DMV actions towards you due to a DUI mainly depends on the number of DUI-related arrests or convictions in your record. Drivers who have multiple DUI convictions are more likely to face license suspensions for prolonged periods or license revocations. A revocation is a permanent cancellation of your driver's license. This means you will no longer be able to operate a vehicle in California after that. If the DMV suspends your license, the number of prior DUI convictions on your record will determine how willing it will be to reinstate it.
You could be required to install an IID system in all your vehicles as a condition for license reinstatement. An IID system will prevent you from operating a vehicle while intoxicated. Random breath samples are required to test your BAC while driving. If your breath registers any amount of alcohol in your blood, the car stops, and the record is sent straight to the police.
However, the DMV can be very lenient if you are a first DUI offender. Although even a first DUI has grave consequences in California, the impact on your driving record will not be as significant as that of multiple DUIs. The DMV will also be more lenient if your BAC is low.
Law Enforcement Officers
The police have access to your criminal and driving records. They can look it up when you commit a crime to determine your prior arrests and convictions. This is important in determining the proper charges to file against you. If you commit a traffic infraction and are stopped by the police, the officer will check your driving and criminal record to determine the proper action against you. If you have prior violations, the consequences of the underlying breach will be graver.
The police also conduct background checks during other criminal investigations. If you are suspected of committing a crime or the police arrest you in the act of committing a crime, your criminal and driving records could contain information that helps the officers determine the correct charges to file. Your prior arrests and convictions could also be helpful evidence during a criminal trial.
If an officer stops you for a DUI investigation, a prior DUI arrest or conviction makes them more suspicious and could influence their next decision. A prior DUI can make the police more suspicious, prompting them to conduct further investigation, including testing your blood alcohol concentration level to determine whether you are driving while under the influence. Thus, a DUI on your driving record makes an officer investigating a crime, including a DUI, more suspicious of you.
Auto Insurance Providers
Auto insurance is critical because it protects vehicle owners and other road users from financial losses from accidents. Insurance companies offer policies at different rates, depending on a driver's preference and qualification. Then, they can cover medical bills, car repairs, and other damages, including legal liabilities for insured drivers and vehicles in case of an accident. The law requires all drivers to obtain auto insurance to protect themselves and anyone who could be involved in an accident.
Since insurance companies are profit-making, they must determine an appropriate rate to cover vehicles. When you apply for auto insurance, the company determines several factors, including your driving record, to determine the best insurance rate. Your rate will likely be higher if you have a damaging driving record because this makes you a high-risk driver.
Thus, insurance companies can access your driving record for effective decision-making. If you have one or more prior DUI arrests or convictions, you will be charged more for auto insurance than a first-time DUI offender or a driver with a clean driving record. Your insurance provider assumes that a DUI record increases your risk of accidents.
Driving Records and Background Checks
A driving record is usually not publicly available. It is only accessible to a few people or entities. Anyone running a background check on you will not find a DUI arrest or conviction in your driving record. However, they can find it in your criminal record. Criminal records are publicly available to all people, including employers and landlords. Although an employer or landlord cannot access your driving record, they will know about your DUI arrest or conviction if it appears in your criminal record. They can use this information against you during the hiring process or when renting or leasing to you.
Loan leaders and financial institutions also conduct background checks to determine a person's eligibility for credit. You could miss out on an opportunity to obtain a loan or be forced to pay a higher interest rate because of your criminal background.
The impact of a DUI conviction on a criminal record is more than a DUI on your DMV record. Remember that a criminal record is open to the public, while a driving record is only accessible to a few entities. A DUI arrest or conviction will likely appear on your criminal history until a court expunges it. This means it can continue affecting your life for years until a court grants your expungement petition. Here are the possible consequences of a damaged criminal record due to a DUI conviction:
- A criminal record can prevent you from finding a suitable job, such as a commercial driver or professional.
- You must disclose the DUI conviction during interviews or in your job applications if asked.
- Landlords could be skeptical about renting or leasing to you because it could make finding a suitable neighborhood difficult.
- Your application for a professional license could be denied
- You could face difficulties obtaining admission to a college or university
- You will receive stiffer penalties for subsequent DUIs, especially those that occur within ten years of the underlying DUI
Fortunately, you do not have to wait long to expunge the conviction from your record. Doing so will eliminate all negative consequences and disabilities of the sentence. No one will find out about the DUI after expungement. However, you will be expected to disclose it when running for a public office.
The Expungement Process
Remember that expungement is usually available for criminal records and not driving records. Therefore, a DUI arrest and conviction will remain on your driving record for ten years, even if you successfully expunge it from your record. However, expungement helps avoid some of the severe consequences of a conviction since criminal records are usually publicly available.
You can start the expungement process after serving your sentence for the DUI conviction. If the judge sentenced you to jail or probation, you must serve your full time to start this process. You must also pay all the required court fines and restitution and complete DUI school and community service if they were a part of your probation conditions. You must not be serving a sentence or be under investigation for another crime during that time. If you meet all the required criteria, you can file an expungement petition with the same court where the DUI conviction occurred.
A judge will review your case and performance while on probation to determine your suitability for expungement. If you meet the requirements, the judge will set a hearing and give you a hearing date on which you must appear before them. During the hearing, the judge will review your case and any other evidence from the prosecution to grant or deny the petition. The judge will likely grant your petition if you satisfy all the requirements of an expungement. They will then remove that arrest and conviction from your record.
Find a Skilled DUI Attorney Near Me
A DUI arrest and conviction in Los Angeles results in severe consequences that could affect several aspects of your life in many ways and for a long time. An arrest and conviction will appear in your driving record, accessible to the police, the DMV, and auto insurance providers. Since it stays on your record for up to ten years, you could miss out on several benefits, including affordable auto insurance and the reinstatement of your driving privileges.
At Jonathan Franklin DUI Attorney, we understand how critical your driving and criminal records are. We can help you fight your DUI charges to avoid the severe consequences. We can also work closely with you to navigate some challenges you will likely face after a DUI conviction, including a challenging driver's license reinstatement process. Call us at 323-464-6700 to learn more about your case and our services.
