I agree that the priorability is for 10 years based on the date of the arrest; however, the DMV will show it for 10 years on the driver record from date of conviction.
There's a difference between the public record and you're full driving
record a DUI is prior Bowl for 10 years from the date of the offense not
the date of the conviction. Your probation for DUI starts on the day of
conviction and generally runs three to five years during that time it will
be on your DMV record because she will have a zero-tolerance join that
probation and driving with any measurable alcohol level 0.01 or greater
would be a violation get new charges and another license suspension.
The record of conviction is permanent as reported on the California Dept of Justice record (Live Scan criminal history).
Priorability and probationary terms have nothing to do with the fact that the record of conviction is a criminal conviction record and it does not go away. I could show you several dozen client Live Scan on my desk at this moment if there were any real grounds for dispute on this point.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Ms. McCall is correct. The answer to the question "How long will it remain on my DMV record?" is for all intents and purposes = forever. While there may be instances far, far off in the distant future (10 years and beyond from the date of conviction) where it may not turn up in the DMV record, it will almost always turn up on some other government record.
My other colleagues are also correct - the use of the 2008 offense as a "priorable offense" should you unfortunately find yourself with another DUI charge expires 10 years after the date of the offense. (In this instance, January 20, 2018.) Mind you, if the legislature changes the prior law(s), then the window of use could grow longer or shorter.
But - the direct answer to your question is: The prior will remain on your DMV record for the next ten years, at least until December 16, 2020, and most likely for several years beyond that date. The prior will also undoubtedly appear on other government records for well beyond the 2020 date and quite likely forever.
Sorry, but that's the way it is. Data storage is getting cheaper and easier every day. So, unless the government creates a way to purge records (unlikely), your prior will be findable forever.
DUI DUI charges DUI arrest DUI and driver's license penalties DUI and driving records DUI probation DUI and criminal records Criminal defense Criminal charges Crimes against society Defenses for criminal charges Criminal arrest Criminal conviction Criminal record Probation for criminal conviction Speeding tickets Driving record