How Long Does a DUI Stay on Your Record?

How Long Does a DUI Stay on Your Record? Three Different Clocks

How long a DUI stays on your record has no single answer, because a DUI lands on more than one record. Each one runs on its own clock, set by a different part of state law, and clearing one does not clear the others.

Record	Who keeps it	How long it lasts	What it affects
Driving record	Your state DMV or motor vehicle division	Set by state law: 10 years in California, 12 in Iowa, 55 in New Mexico, permanent in Wisconsin	License actions, points, what the DMV reports
Criminal record	Courts and state criminal record agencies	For a conviction, until a court expunges, seals or sets it aside, if your state allows that	Background checks, jobs, housing, licensing
Lookback window	Written into the DUI penalty statute	Commonly 10 years; 5 years in some states, no limit in others	Whether a new charge is a second, third or felony offense
SR-22 or FR-44 filing	Your state, through the insurance filing	Set by state: 3 years in Arizona, two years in Texas	Getting and keeping your license back

The rest of this guide takes each clock in turn. The short version: your driving record and lookback window eventually run out in most states, but a criminal conviction does not fade on its own.

How Long Does a DUI Stay on Your Driving Record?

Your driving record is the file your state’s DMV keeps on your license. It lists suspensions, revocations and traffic convictions, including a DUI. Each state decides how long a DUI stays there, and the range is wide.

• California: the DMV handbook says all DUI convictions remain on your driver’s record for 10 years. That matches the state’s 10-year lookback for repeat DUI penalties (Cal. Veh. Code § 23540). See California record rules.
• Iowa: a prior OWI conviction or revocation is deleted from a non-commercial driving record 12 years after the conviction or revocation date (Iowa Code § 321.12(4)). Until then it counts as a prior.
• New Mexico: the Motor Vehicle Division keeps DWIs issued on or after June 17, 2005 on the driving record for 55 years. See New Mexico record rules.
• Wisconsin: the DMV keeps OWI convictions, suspensions and revocations on the driving record permanently (Wis. Stat. § 343.23(2)(b)). Even a court-ordered expungement of the criminal case never reaches the DMV record. See Wisconsin record rules.

So “how long does a DUI stay on your driving record” can mean a decade in one state and the rest of your driving life in another.

Does a DUI Stay on Your Criminal Record Forever?

A DUI conviction stays on your criminal record unless it is cleared. Only a few states clear or seal a DUI conviction on a timer: Connecticut, North Dakota, and Pennsylvania, whose clean slate law seals qualifying misdemeanors after seven conviction-free years. Elsewhere you generally have to petition a court, if relief exists at all. What changes the picture is whether your state lets you expunge, seal, set aside or annul a DUI, and that varies sharply.

A few examples show the spread:

• Connecticut erases a DUI conviction by operation of law 10 years after the most recent conviction, for offenses on or after January 1, 2000, as long as you are not convicted of another DUI in that time.
• North Dakota seals the record of a DUI conviction if you have no new DUI or other criminal conviction within 7 years.
• Colorado, Florida, Illinois, North Carolina, Ohio and Oregon do not allow a DUI conviction to be sealed or expunged at all.

An arrest that never became a conviction is different. Many states let you clear a dismissed or acquitted DUI charge quickly; Alabama allows it 90 days after dismissal or acquittal. The full state-by-state rules, waiting periods and process are in the DUI expungement guide.

What Background Checks Can Report Under Federal Law

When a consumer reporting agency prepares a background report, the federal Fair Credit Reporting Act limits what it may include (15 U.S.C. § 1681c):

• An arrest record that is more than seven years old, counted from the date of entry, generally can’t be reported. If the governing statute of limitations runs longer, that longer period applies.
• Records of criminal convictions are exempt from the seven-year limit. A DUI conviction can be reported no matter how old it is.
• None of these limits apply to reports used for a job paying $75,000 a year or more, a credit transaction of $150,000 or more, or life insurance with a face amount of $150,000 or more.

That makes state sealing and expungement laws the main way to limit what an old conviction shows, and how much a sealed record hides depends on the state. In Arizona, for example, sealed DUI records can still be disclosed when you apply for a job driving a vehicle, boat or airplane.

Lookback Period by State

Lookback period, by state

State	Lookback period
DUI law in Alabama	10 years
DUI law in Alaska	15 years
DUI law in Arizona	7 years
DWI law in Arkansas	10 years
DUI law in California	10 years
DUI law in Colorado	Colorado counts prior DUI, DUI per se and DWAI convictions regardless of when they occurred, for both repeat-offense sentencing and the felony rule. A prior less than 5 years old also removes most sentencing alternatives during the mandatory jail term.
DUI law in Connecticut	10 years
DUI law in Delaware	10 years
DUI law in District of Columbia	15 years
DUI law in Florida	5 years for second-offense mandatory jail, 30-day impoundment and 5-year revocation; 10 years for third-offense felony, mandatory jail and 10-year revocation; a fourth conviction is a felony no matter when the priors occurred. Out-of-state DUI convictions count as priors.
DUI law in Georgia	10 years
OVUII law in Hawaii	10 years
DUI law in Idaho	10 years
DUI law in Illinois	for criminal penalties, every prior DUI counts regardless of age, including similar offenses in other states; a 20-year window applies to the 5-year license revocation for a second conviction
OWI law in Indiana	7 years
OWI law in Iowa	12 years
DUI law in Kansas	DUI convictions and diversions count toward first, second, third or later only if they occurred on or after July 1, 2001; certain related offenses (commercial DUI, boating under the influence, DUI manslaughter and others) count for life; a third conviction becomes a felony when a prior is within 10 years
DUI law in Kentucky	10 years
DWI law in Louisiana	10 years
OUI law in Maine	10 years
DUI law in Maryland	5 years
OUI law in Massachusetts	Massachusetts counts every prior OUI conviction or alcohol program assignment from any jurisdiction, with no time limit
OWI law in Michigan	7 years
DWI law in Minnesota	10 years
DUI law in Mississippi	5 years
DWI law in Missouri	5 years
DUI law in Montana	10 years
DUI law in Nebraska	15 years
DUI law in Nevada	7 years
DWI law in New Hampshire	10 years
DWI law in New Jersey	10 years
DWI law in New Mexico	no time limit: every prior DWI conviction counts, including equivalent municipal, county, tribal and out-of-state convictions, and a deferred sentence counts as a first conviction
DWI law in New York	10 years
DWI law in North Carolina	7 years
DUI law in North Dakota	7 years
OVI law in Ohio	10 years
DUI law in Oklahoma	10 years
DUII law in Oregon	10 years
DUI law in Pennsylvania	10 years
DUI law in Rhode Island	10 years
DUI law in South Carolina	10 years
DUI law in South Dakota	10 years
DUI law in Tennessee	10 years
DWI law in Texas	Texas sets no time limit on prior convictions used to enhance a DWI to a Class A misdemeanor or a felony (the former 10-year rule in § 49.09(e) was repealed in 2005). Shorter windows apply only to specific consequences: five years for the mandatory interlock and longer license suspension, 36 months for the higher state traffic fine, and 10 years of enforcement contacts for the longer administrative suspension.
DUI law in Utah	10 years
DUI law in Vermont	20 years
DUI law in Virginia	10 years
DUI law in Washington	7 years
DUI law in West Virginia	10 years
OWI law in Wisconsin	10 years
DUI law in Wyoming	10 years

From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.

The Lookback Period: How Long a DUI Counts Against a Second Charge

The lookback period, also called the washout period, is the window in which an old DUI makes a new one a repeat offense. A second DUI inside the window brings higher minimum penalties; outside it, the new charge can be sentenced as a first offense. New Jersey, for example, sentences a second offense more than 10 years after the first as a first offense (N.J.S.A. 39:4-50(a)(3)). This is the clock that matters most if you are worried about what happens next time.

Of the 51 jurisdictions checked (50 states and DC), 28 use 10 years as their main window, including Pennsylvania (75 Pa.C.S. § 3806(b)(1)). The rest spread out:

• Shorter: Maryland, Mississippi and Missouri use 5 years for second-offense penalties. Arizona, Indiana, Michigan, Nevada, North Carolina, North Dakota and Washington use 7 years.
• Longer: Iowa uses 12 years. Alaska, Nebraska and DC use 15 years. Vermont uses 20 years.
• No time limit: Colorado, Illinois, Massachusetts, New Mexico and Texas count prior DUI convictions for enhancement no matter how old they are. Texas repealed its old 10-year rule in 2005 (Tex. Penal Code § 49.09).

Many states also run two windows at once. Michigan enhances a second offense within 7 years, but a third offense is a felony after two priors with no time limit (MCL 257.625). Ohio uses ten years for second and third offenses, and six or more within twenty years makes the offense a felony. A single state can have one window for jail time and another for license revocation, so check your own state’s rule rather than assuming. The DUI lookback and felony checker applies your state’s window to your dates, and the felony DUI guide explains when a repeat charge becomes a felony.

The table below lists every state’s lookback rule and its record-clearing rule side by side.

How Long the SR-22 or FR-44 Filing Lasts

After a DUI, many states require proof of future financial responsibility before you can drive again. That proof is a filing, usually called an SR-22 (Virginia uses an FR-44, with liability limits double the SR-22 limits), that your insurance company sends to the state. Its length is a separate clock from your driving record:

• Arizona requires the SR-22 for 3 years from the end date of your suspension. See Arizona SR-22 rules.
• Texas requires coverage for two years beginning from the date of the conviction that requires the SR-22. See Texas SR-22 rules.
• California requires a California Insurance Proof Certificate (SR 22/SR 1P) after a DUI conviction. See California SR-22 rules.

The SR-22 insurance guide covers every state, and the SR-22 and ignition interlock lookup shows your state’s requirement in one place.

Can You Get a DUI Removed From Your Record?

Sometimes, depending on the state and on how the case ended. The questions that decide it:

1. How did the case end? A dismissal, acquittal or completed diversion program is easier to clear than a conviction. Alabama, Iowa, South Dakota and Virginia clear those outcomes but not a DUI conviction.
2. Does your state allow relief for a DUI conviction? Some do after a waiting period, some only once in a lifetime, and some never.
3. Which record does relief reach? In Wisconsin, an expunged criminal case still stays on the DMV record permanently. In California, a dismissal under Penal Code § 1203.4 can still be pleaded and proved as a prior in a later DUI case.

The DUI expungement guide groups the states by what they allow and walks through the petition process. Your state’s page, such as Michigan or Texas, gives the exact waiting period and statute.

What to Do This Week if You Were Just Charged

If your case is still open, the record questions come later. Two things come first.

The administrative license hearing deadline is the most urgent date after a DUI arrest. The window to request a hearing is set by state law and can be short, and missing it can let a suspension take effect without a hearing. The DUI deadline calculator gives your state’s deadline from your arrest date.

How your case ends decides what your record will look like for years. A dismissal, a diversion program or a reduced charge may be clearable in your state when a conviction is not. A lawyer licensed in your state, the state bar’s lawyer referral service, or the public defender (ask the court at your first appearance) can tell you what options apply. The guide on what happens after a DUI arrest walks through the process, and how to find a DUI lawyer explains how to check a lawyer’s license. For every state’s rules in one place, start at DUI laws by state.

Frequently Asked Questions

Does a DUI Arrest Without a Conviction Stay on Your Record?

The arrest record can stay unless you clear it, but many states let you remove a DUI charge that was dismissed or ended in acquittal. Alabama allows expungement 90 days after a dismissal or acquittal, Iowa 180 days after, and South Dakota 1 year after a formal dismissal. Virginia lets you petition to expunge a DUI charge that ended in acquittal or dismissal. Check your state's record rules.

Does a DUI From Another State Count Against You?

Often, yes. Many lookback laws count impaired-driving convictions from other states. Alabama, Kentucky, Massachusetts, New Mexico, Virginia and Utah all count out-of-state priors when they decide whether a new charge is a second or third offense.

Does a Sealed or Set-Aside DUI Still Count as a Prior Offense?

In several states it does. A set-aside DUI in Arizona and a set-aside conviction in Nebraska still count for future DUI sentencing. New York counts a sealed conviction as a prior, North Dakota prosecutors can use a sealed DUI to enhance a later charge, and a California dismissal under Penal Code § 1203.4 can still be proved as a prior.

When Does the Lookback Clock Start and Stop?

Each state sets its own measuring points. Arizona and Kentucky measure between the dates the offenses were committed, Washington uses arrest dates, and Oklahoma counts from the completion of the prior sentence. Nevada and Louisiana stop the clock for time spent in custody, on probation or on parole, so the window can stretch past its stated length.

Can a Sealed DUI Still Show Up When You Apply for a Driving Job?

In Arizona, yes. Sealed DUI records there can still be disclosed when you apply for a job driving a vehicle, boat or airplane, and the Arizona Department of Transportation can still use a set-aside conviction for license actions.

How Long Does an SR-22 Filing Last After a DUI?

The state sets it. Arizona requires the filing for 3 years from the end of your suspension, and Texas requires coverage for two years from the conviction that triggered the SR-22. See the SR-22 guide for every state.

More on Records

• DUI ExpungementWhich states allow expungement or sealing of a DUI
• DUI vs DWI vs OWIWhat each term means and which states use which
• What OWI MeansOperating while intoxicated, and the states that use the term
• Blood Alcohol LimitsThe 0.08 limit, commercial and under-21 limits, and enhanced-BAC tiers
• Implied ConsentWhat refusing a breath or blood test costs you, state by state
• DUI CheckpointsWhich states allow sobriety checkpoints and where agencies announce them

This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.

Sources

1. Virginia DMV: Insurance certifications (FR-44)
2. California DMV: Driver Handbook, Alcohol and Drugs
3. Iowa Code § 321.12
4. New Mexico MVD: DWI FAQ
5. Wis. Stat. § 973.015
6. 15 U.S.C. § 1681c (GovInfo, U.S. Code)
7. Arizona MVD: Future financial responsibility (SR-22)
8. Texas DPS: Financial responsibility insurance certificate (SR-22)
9. Cal. Veh. Code § 23540