Being arrested for driving under the influence (DUI) of drugs or alcohol is a stressful experience by itself. But once the shock of the arrest subsides, the reality of what a conviction can do to your life also can be a shock, especially if it’s not a first offense. Read on for what you need to know about dealing with DUIs in California.

What Happens When Someone is Arrested for DUI in California?

There are several immediate ramifications that can happen when someone is charged with a DUI in California. There’s going to be an initial stint in jail, although, for first offenders, this usually lasts only a few hours and doesn’t require posting bail to leave.

However, both the Department of Motor Vehicles (DMV) and a criminal prosecutor are likely to proceed with potentially significant consequences. One of the first things that will happen is the DMV will put you in proceedings to suspend your driver’s license. You need to request a hearing to challenge the suspension within 10 days from the date of your DUI arrest. If you do so, you’ll likely receive a stay of the suspension for a specific period of time, from weeks to months, when you’re able to drive legally. If you don’t request the hearing by then, your license will be suspended effective 30 days from the date of your arrest.

What Happens if I’m Convicted of a DUI in California?

The consequences vary greatly depending on if this was a first or subsequent offense, the age of the driver, and whether anyone else was endangered or harmed because of the DUI. Every case is unique, which is why it’s highly recommended that someone facing DUI charges work with an experienced criminal defense attorney. These are some examples of the possible outcomes for a DUI conviction.

First offense:

  • Up to 6 months in jail and fines/fees of up to $1,000 plus penalty assessments.
  • Four months or longer license suspension
  • Three months of DUI school
  • Three to five years probation

Potentially, depending on the other circumstances, an ignition interlock device could be installed in your car
Second offense:

  • Up to a year in jail and fines/fees of up to $1,000 plus penalty assessments
  • Eighteen months of DUI school
  • Up to two years suspended license
  • Three to five years probation

Potentially, depending on the other circumstances, an ignition interlock device could be installed in your car
Third offense:

  • 120 days to one year in jail and fines/fees of up to $1,000 plus penalty assessments
  • Eighteen months of DUI school
  • Up to three years suspended license
  • Three to five years probation

Potentially, depending on the other circumstances, an ignition interlock device could be installed in your car
Fourth offense:

  • 16 months or 2 years or three years in state prison and fines/fees of up to $1,000 plus penalty assessments
  • Thirty months of DUI school
  • Up to four years suspended license
  • Three to five years probation

Potentially, depending on the other circumstances, an ignition interlock device could be installed in your car
Your record will note that you are a convicted felon

What Happens if I Have a DUI Conviction on My Record?

A DUI conviction stays on the driving record for 10 years after the arrest and stays on your criminal record forever, whether a misdemeanor or a felony. It can adversely affect someone’s life going forward. Because criminal records are often part of job screenings or housing rental applications, it’s possible that jobs may not be offered or housing applications denied. For the latter, turning someone down for housing simply because of a criminal record could violate the Fair Housing Act. However, housing in California is in such demand that landlords routinely cite danger to other renters as their reason for turning down an applicant with a criminal record.

Can I Get My DUI Expunged from My Record?

One way to overcome the negative consequences of the criminal record is to apply to have the DUI expunged. Unfortunately, it won’t happen immediately. Someone can’t apply for expungement until they’ve successfully completed their ordered probation, including paying all fines and fees, completion of DUI school, and had no other arrests during the time period.

Once those conditions are satisfied, the driver needs to petition the court to expunge the record. The judge will review the petition and determine if they think it’s a valid request. If so, the record will be expunged.

It’s advisable to work with a knowledgeable criminal defense and DUI attorney when considering applying for expungement to ensure your case meets the minimum threshold required and that all relevant documents and processes are followed.

Does an Expungement Completely Clear My Record?

It’s important to understand that while it’s removed from your public record, making it easier to apply for jobs and housing, there are some things an expungement won’t do.

Must still disclose the conviction when applying for state licenses or teaching credentials, and those could legally be denied because of the conviction, even if expunged.

Expungement doesn’t overturn a license suspension. Sometimes someone is released early from probation, but if the DMV still considers the license suspended, that won’t change.

If arrested for DUI again within 10 years for the first conviction, it will be considered a subsequent offense, not a first offense, even if the previous conviction was expunged.

What Should I Do if I’ve Been Charged with a DUI?

Call Confianza Legal at 877-544-9950 for a free case evaluation. Our knowledgeable, experienced DUI defense attorneys can guide you through the process and help you determine the best way to protect rights.