How Long Do Penalty Points Stay on Your U.S. Driving Record?

How to Check and Reduce Penalty Points on Your U.S Driving Record

10 Most Popular Traffic Violations That Add Penalty Points to Your Driving License

PENALTY POINTS: HOW LONG DO THEY LAST. Image: KnowInsiders

In the U.S., how long these points linger depends on a variety of factors, including your state’s laws, the type of offense, and whether you take corrective action. In this guide, I break down exactly how long penalty points remain on your record, the mechanisms behind their removal, and why this knowledge is critical for every driver.

What Are Penalty Points and Why Do They Matter?

Penalty points, or demerit points, are administrative tools used by many state motor vehicle departments to monitor and penalize risky driving behavior. Points accrue on your record each time you commit a qualifying traffic violation. The accumulation of these points can trigger a sequence of consequences:

→ Increased auto insurance premiums

→ License suspension or revocation

→ Mandatory driving courses

→ Legal ramifications for repeat offenders

While every state handles infractions differently, understanding the general framework helps mitigate long-term risks.

How Long Do Penalty Points Stay on Your Record?

1. Minor Violations: Typically 1 to 3 Years

Infractions considered "minor" include:

→ Speeding under 15 mph over the limit

→ Running a stop sign

→ Improper lane changes

In most states, such violations result in points that stay on your record for 1 to 3 years. However, insurers may assess your record for up to 5 years when calculating premiums.

2. Major Offenses: 5 to 10 Years or Permanent

Serious offenses carry heavier penalties and longer retention periods. These include:

→ DUI/DWI offenses

→ Reckless driving

→ Hit and run

→ Vehicular manslaughter

For example:

California: DUI points last for 10 years.

Florida: DUI remains on record for 75 years, effectively a lifetime.

New York: DUI infractions remain for at least 10 years, even if points expire earlier.

3. CDL (Commercial Driver’s License) Holders

For commercial drivers, violations may result in longer retention periods and heightened scrutiny. Federal Motor Carrier Safety Administration (FMCSA) regulations also come into play, making point removal for CDL holders significantly more complex.

4. State-by-State Differences

California: Minor points = 3 years, serious violations = up to 10 years.

New York: Points assessed for 18 months, but violations stay on record for 3 to 4 years.

Florida: Points stay for 3 years, DUI = 75 years.

Texas: Points expire after 3 years, but convictions can be indefinite.

Illinois: Minor violations = 4 to 5 years, DUIs = permanent record.

For CDL violations, consult the FMCSA guidelines: https://www.fmcsa.dot.gov/regulations

Mechanisms for Removing Points

1. Automatic Expiration Periods

Most states automatically remove points after a set period of violation-free driving. However, the violation itself may still appear on your record and influence insurance underwriting.

2. State-Approved Defensive Driving Courses

Many DMVs allow drivers to complete traffic safety or defensive driving programs to reduce points.

New York: Up to 4 points reduction via the Point and Insurance Reduction Program.

New Jersey: Deduct 2 points every 5 years with approved courses.

Be cautious—these courses do not expunge violations but reduce active point tallies.

3. Voluntary DMV Programs

States like Virginia offer a voluntary Driver Improvement Program that rewards drivers for clean records or course completion by crediting them with safe driving points.

4. Legal Action

Contesting a citation in traffic court may lead to dismissal and prevent points from appearing altogether. Hiring a specialized traffic attorney significantly improves your chances in states with strict point accumulation laws.

Insurance Impact: The Real Cost of Points

Even if points expire, your insurance company may factor past infractions into your premium calculations for years.

Minor infractions can increase rates by 10-30%.

Major violations (e.g., DUI) can raise premiums by 50-100% or lead to non-renewal.

Many insurers review driving records within a 3 to 5-year window, but some premium hikes may persist longer, depending on your provider.

License Suspension Thresholds by State

Accumulating points too quickly can result in license suspension. Here are common thresholds:

California: 4 points in 12 months, 6 in 24 months, or 8 in 36 months.

New York: 11 points in 18 months.

Florida: 12 points in 12 months = 30-day suspension; 18 points in 18 months = 3-month suspension.

Suspensions can result in mandatory court appearances and reinstatement fees.

Why Managing Points is Critical

1. Protect Employment Opportunities

Employers, especially in fields like logistics or sales, often conduct motor vehicle record (MVR) checks. A tarnished record may disqualify you from positions requiring a company vehicle.

2. Financial Stability

Beyond insurance hikes, court fees, license reinstatement fees, and surcharges can cost hundreds or thousands of dollars.

3. Long-Term Legal Risks

Repeat offenders may face escalated penalties, including mandatory driving school, probation, or jail time, depending on state laws.

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