How Long Does a DUI Stay on Your Record in Virginia?

One mistake can have lasting effects on drivers convicted of a DUI in Virginia. Even if someone pleads guilty to avoid the harshest penalties, it’s crucial to understand the lasting impact of a DUI conviction. In Virginia, a DUI conviction can stay on your driving and criminal record for many years, affecting various aspects of your life. It can influence your job prospects, insurance rates, and more. It’s essential to be aware of these long-term consequences and seek legal advice if facing a DUI charge.

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Consequences of a DUI on Your Record

The criminal effects of a DUI conviction are severe, including fines, possible jail time, and a driver's license suspension. But the effects don’t end there. A DUI conviction will also result in a criminal record, impacting your job opportunities later and other aspects of your personal life. It will leave a permanent mark on your driving record, leading to higher insurance rates for many years. Additionally, you may face difficulties getting certain professional licenses or approvals. These long-lasting consequences can impact your life in various ways, underscoring the urgent need to understand the full scope of a DUI’s effects.

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Criminal Record

In Virginia, a DUI is considered a Class 1 Misdemeanor. Once convicted, this DUI conviction will stay on your criminal record forever. There is no set time for when a DUI conviction might be removed or if it can be deleted. A criminal record is a detailed history of a person's record with the criminal justice system. It includes records of arrests, charges, convictions, and other court outcomes. Law enforcement uses this record to review a person's criminal history, which can influence current cases. For example, if someone has previous DUI convictions, any new DUI charges will be treated more severely, with higher penalties.

Private companies and government agencies also use criminal records for background checks, security clearances, immigration processes, and job or housing applications. Some parts of criminal records are public, meaning others can access and view this information. A criminal record typically includes details about arrests, charges, and convictions. If you are arrested for a DUI, it will appear as an arrest record. If charges are filed, those will be noted as well. And if you plead guilty or are found guilty in court, that conviction will be added to your criminal record.

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Virginia DMV Driving Record and a DUI

A DUI will be recorded on your Virginia DMV driving record. It can affect your driving privileges, lead to driving restrictions, and change your insurance requirements. A DUI conviction adds six points to your driving record, which could result in more restrictions if you have other driving violations.

Unlike a criminal record, a DUI will stay on your DMV record for eleven years. This long duration can impact your driving history and insurance rates. Keeping track of your driving record and addressing any issues promptly can help manage the long-term effects of a DUI conviction.

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How Long Will a DUI Raise My Car Insurance Rates in Virginia?

In Virginia, driving without car insurance is illegal. Most drivers are required to have the following minimum coverage:

Bodily Injury: $25,000 per person / $50,000 per accident
Property Damage: $20,000 per accident
Uninsured Motorist Bodily Injury: $25,000 per person / $50,000 per accident
Uninsured Motorist Property Damage: $20,000 per accident

Following a DUI conviction in Virginia, drivers are required to obtain special coverage before they can legally drive again. This involves acquiring an insurance company's Financial Responsibility Certificate (FR-44), which, similar to the SR-22 form, comes with higher liability coverage requirements.

Insurance companies issue an FR-44 with significantly higher coverage limits than regular insurance. The minimum liability coverage for FR-44 includes:

Bodily Injury: $50,000 per person / $100,000 per accident
Property Damage: $40,000 per accident

Many drivers find that their current insurance company will not continue to provide coverage after a DUI conviction. As a result, they need to find new insurance, often at higher rates. FR-44 coverage typically comes with much higher premiums compared to standard insurance.

Drivers convicted of a DUI may need to keep FR-44 coverage for three to four years. If the driver's license is entirely revoked, they must maintain FR-44 coverage for three years. If they obtain a restricted license before the revocation period ends, they may need to preserve FR-44 for four years. Keeping track of these requirements and maintaining the proper coverage is crucial to avoid further complications and ensure legal driving status.

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Is it Possible to Clear a DUI from My Record or Seal It?

In most cases, you cannot remove a DUI conviction from your record or seal your DUI records. Expungement is usually only possible if one of the following situations occurs:

Acquittal: You were found not guilty.
Charge Nolle Prossed: The charges were withdrawn by the Commonwealth.
Charges Dismissed: The charges were dismissed by the court.

Expungement is the process of removing the charge from your public criminal record. Once your record is expunged, public and private employers will not see the arrest when they check your criminal history. This process can be complex, but it is possible to navigate with the right legal advice.

If you want to prevent a DUI conviction, prevention is key. Seeking the advice of a seasoned professional like Clinton O. Middleton, Attorney at Law, will help you navigate the legal system and find the best options and strategies for your case. There are various defenses available for DUI charges in Virginia, such as challenging the legality of the traffic stop, questioning the validity of roadside tests, and disputing the results of chemical tests. A good Virginia DUI lawyer can help you see your options and work towards the best possible solution.

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Clinton O. Middleton, Attorney at Law, PLLC - DUI Defense Attorney

Getting convicted of drunk driving in Virginia can result in a permanent criminal record. But being arrested doesn't automatically mean you'll be sentenced. Avoiding a DUI conviction can help you avoid high insurance rates and a lifelong criminal record. To give yourself the best chance of fighting a DUI charge, talk to an experienced Virginia DUI defense attorney. Contact Clinton O. Middleton, Attorney at Law, PLLC, for a free consultation. Call 703-777-9630 today.