How Long Will a DUI Be Attached to a Permanent Driving Record?

Traffic on roads and highways is controlled by state law, and each state regulates driving under the influence of alcohol offenses differently. Personal driving records retain DUI convictions depending on state law and specific dispositions.

State Laws Control

Each state law differs; retention of DUI records varies from five years to forever with a common length being 10 years.

Deferred Prosecutions

When the court does not enter a finding of guilt and dismisses the case if certain conditions are met, an arrest might show up on a criminal history, but no conviction would appear on the permanent driving record kept by the Department of Motor Vehicles.

Blood-Alcohol Levels

States have adopted the federal .08 blood-alcohol standard, but many keep first DUI convictions on a record for a shorter period of time than a conviction based on a .10 convictions, say, five vs. 10 years.

Reciprocal Agreements

The Interstate Driver License Compact shares arrest and conviction data on drivers among 45 states, and the new Driver License Agreement requires states to accept other state's dispositions and record retention policy. Many states have reciprocal agreements with neighboring states.

Expungement

Many states will remove a first DUI from records after a period of time (often 10 years) if certain conditions are met.

When in Doubt

An attorney familiar with your state's DUI laws is your best adviser about retention of DUI conviction information on your driver record.

References

• DUI Laws

Resources

• Findlaw DUI Basics
• DUI Information and Referrals