In general, it takes ten years for insurance premiums to go down after a drunk driving arrest. The ten-year period starts running from the date of the arrest.
The ten-year period is due to California Insurance Code 1861.025, which became effective on January 1, 2007. IC 1861.025 applies to both adult and underage DUI cases.1
Certain other “wet” violations (such as Vehicle Code 23103.5 “wet” reckless driving) remain on your record for seven years.
How does a DUI conviction affect insurance rates?
When an insurer is considering selling or renewing a policy, it will typically pull two sets of records:
- Your DMV driving record, and
- Your California criminal record.
Insurers decide whether to insure you (and, if so, at what cost) based on their assessment of the risk you pose. If you have a DUI or too many “negligent operator” points on your record, you are considered a higher risk than other drivers.
Some companies will not issue a policy at all if you have a DUI on your record. Others will issue a policy but at “high-risk” driver rates. These higher rates can be as much as double, triple, or more than the rate you had prior to driving under the influence.
Will expunging my DUI conviction help my insurance rates go down?
Unfortunately, no. While there are many benefits to expunging a California DUI, being able to lower car insurance rates is not one of them.
This is because an expungement only clears your criminal record so nothing comes up on your background check. An expungement will not remove the DUI from your California DMV’s record.2
Will a DUI or wet reckless affect my good driver discount?
Yes. Driving under the influence (or a wet reckless) will wipe out any preferred or safe driver discount. This may occur right away or when your policy comes up for renewal and pulls your criminal and DMV records.
The insurer may then
- cancel/refuse to renew your policy or
- increase the rate at which the renewal is offered.
How do I get my insurance premium decreased after the ten years are up?
Once the ten-year period is up, a DUI conviction should no longer show up on DMV or criminal records.
It may take a month or so for the update to be reflected. We advise you to keep track of your ten-year DUI “anniversary.” You can then request copies of both your criminal and DMV records to make sure the conviction has been removed.
Once the records are clean, we recommend contacting your insurer to make sure they have updated your records. They may:
- be willing to implement the new rate right away, or
- make you wait until the next policy renewal.
Once your records have become clean, you may also wish to comparison shop to see if you can get a better rate from another company.3
Does California’s 10-year DUI lookback period apply to commercial licenses?
No.
Most commercial driver’s licenses are subject to the Federal Motor Carrier Safety Improvement Act of 1999 (MCSIA). That act requires a DUI to stay on your commercial driver’s record for significantly longer than ten years.
However, this only applies to your commercial license. After ten years of clean driving, your rates for driving a non-commercial vehicle (under a standard Class C license) should come back down.
How can I get a lower auto insurance rate if I have a California DMV on my record?
The best way to get a lower rate if you have a DUI is to shop around. Some companies offer better high-risk driver rates than others.
Even if a “good driver” discount no longer applies, there may be other discounts available to you. Examples of auto insurance discounts you may still be able to take advantage of include:
- Multiple driver discounts, or
- Multiple policies with the same company (such as home, fire, umbrella, etc.).
Additional Resources
For more information, refer to the following:
- How Much Do Car Insurance Rates Go Up After A DUI? – General discussion by Forbes.
- Cheapest car insurance after a DUI – Compilation of insurance choices by USA Today.
- What is the best car insurance in Nevada for drivers with a DUI? – State-specific options for getting liability insurance following a drunk driving case by wallethub.com.
- Increased Penalties for High Blood Alcohol Content – National Conference of State Legislatures.
- State Law: DUI Look-Back Periods – Overview by Foundation for Advancing Alcohol Responsibility.
- Alcohol Impaired Driving – General information by the Governors Highway Safety Association.
- Alcohol and Drugs – Discussion by the Insurance Institute for Highway Safety.
Legal References
- Cal Ins Code 1861.025.
- See also State v. Nakata, (Nebraska, 1994) 76 Haw. 360, 878 P.2d 699 (increased insurance rates are not a criminal penalty).
- See also Farmers Ins. Exchange v. Superior Court, (1992) 2 Cal. 4th 377, 826 P.2d 730.
