A DUI is a “prior offense” for a period of 10 years.
When it comes to driving under the influence (DUI) offenses, there is considerable confusion about what it exactly means to have a conviction on your record. After all, it is technically a criminal offense — but the California Department of Motor Vehicles (DMV) is involved because it is also a driving offense. Many people do not understand the ins and outs of what happens after you are convicted of a DUI in California. An experienced Riverside DUI defense lawyer can explain it all, so you better understand your rights — and why it is so important to fight back against a California DUI charge.
In California, a DUI has two components: administrative and criminal. When you are charged with a DUI, both the DMV and the prosecutor’s office take action. When you are arrested, the police will generally confiscate your license and hand you a pink notice. This notice will inform you of your right to request a hearing with the DMV; if you fail to request a hearing within 10 days, your license will be automatically suspended as part of the administrative aspect of the DUI case. If you do request a hearing, your Riverside DUI defense lawyer may prevail, which means that your license will not be administratively suspended by the DMV. However, if you are convicted of or plead guilty to a DUI, then the criminal court will still suspend your license.
For purposes of understanding what happens to your record after a DUI conviction, assume that you were convicted of a California DUI. After that time, you will have a DUI on your driving record with the DMV for a period of 10 years. This means that you will be required to file a special form (SR-22) each year during that time (and typically pay much higher insurance rates) while the DUI is on your record. After 10 years, the DUI drops off your DMV record.
As a Riverside DUI defense lawyer can explain, a DUI conviction stays on your criminal record indefinitely. Unless you take action to remove it from your record (a process known as expungement), it will remain there. However, for purposes of prior offenses, it will not count against you after 10 years.
In California, there is a 10 year “look back” period for DUI offenses. This means that if you are charged with a DUI, the prosecutor will “look back” 10 years to see if you have had a prior offense. If there are none within the past 10 years, then you will be charged with a first-time DUI. However, if you had a DUI conviction at any time in the past 10 years, then it will be a second offense.
A DUI is a serious matter under California law. If you have been charged with driving under the influence, you will need a skilled Riverside DUI defense lawyer to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
