The DUI washout period in California is 10 years. That's the lookback window the courts use to decide whether an old DUI counts as a prior against a new one. If your previous DUI falls outside that 10-year window, it generally "washes out" and no longer bumps your new charge up to a second or third offense.
Here's why it matters so much. The penalties for a DUI escalate hard with each prior. A first offense is misdemeanor probation. A second within 10 years carries mandatory jail and a longer program. A third within 10 years is harsher still. But that escalation only happens if the old cases land inside the window. A DUI from 12 years ago usually won't count, so a new arrest could be treated as a first offense again.
The clock is generally measured between the offense dates, not conviction dates, though the exact counting can get technical. Prior wet reckless convictions count too, since they're priorable. That's one reason people accept a wet reckless plea and then get surprised later.
Because a few months on the calendar can be the difference between a first and second offense, the dates on your record deserve a careful look. Sometimes a prior can even be challenged if it was invalid.
Our second DUI page and third DUI page explain how priors drive the penalties in real cases.
Not sure if an old DUI still counts? Call (858) 622-7280 or visit our contact page.
This is general information, not legal advice, and every case is different.