Often yes, but a DUI can make it harder. The DMV salesperson application asks about convictions in the last 10 years, "excluding traffic offenses." A felony DUI must be disclosed, and DMV decides case by case whether to issue the license. A practical hurdle is often bigger than the license itself: the dealership has to be able to insure you to drive its cars. If you're worried about how a DUI affects your license or job, talk to an attorney before you apply.
Educational information only. This article is not legal advice. If you have a DUI, consult a California attorney about your specific case.
In this article
- What the application asks
- Misdemeanor vs felony DUI
- The insurance hurdle
- Probationary licenses
- Talk to an attorney
- Frequently asked questions
What the application asks
The salesperson application, form OL 16S, asks:
"EXCLUDING TRAFFIC OFFENSES: have you ever been CONVICTED, PLACED ON PROBATION, OR RELEASED FROM INCARCERATION FOLLOWING CONVICTION for any crime or offense, either Felony or Misdemeanor, of ANY jurisdiction, within the last ten years?"
The same form says you must disclose a conviction even if it was pardoned, pleaded no contest, or expunged under Penal Code §1203.4. Failing to disclose a conviction can cancel your temporary permit. DMV can refuse a salesperson license for a criminal conviction, and a no-contest plea counts as a conviction (DMV Vehicle Salesperson License Handbook, citing Vehicle Code §11806).
Misdemeanor vs felony DUI
From experience (Garrett Eddings, professional opinion): Is it possible? Technically, yes. A misdemeanor DUI is treated as a traffic-related offense. A felony DUI needs to be disclosed to DMV, and it's up to DMV's discretion how that goes. A felony is obviously a lot harder, and there's a higher risk it could be rejected depending on when the DUI happened, how recent it was, and how the court case went.
| Misdemeanor DUI | Felony DUI | |
|---|---|---|
| Application question | The form excludes "traffic offenses." Whether a particular DUI conviction counts as one can depend on the charge. If you're unsure, disclose it or ask an attorney | Disclose it |
| DMV decision | Less likely to be a barrier on its own | Case by case. Timing, the facts and the court outcome matter |
| Insurance | Can still be an issue | Usually harder |
The safe rule: when in doubt, disclose. Leaving off a conviction DMV considers disclosable can cost you the license even if the conviction itself wouldn't have.
The insurance hurdle
From experience (Garrett Eddings, professional opinion): Your employer has to figure out how to insure you as someone with a DUI on your record. That's the harder side. You have to find the right dealer that's willing to take on that risk.
Salespeople drive inventory on test drives and dealer trades, so the dealership's insurer usually has to approve each driver. A DUI can raise the dealer's premium or make the insurer decline you as a driver. Ask the dealership early whether its insurance can cover you.
Probationary licenses
From experience (Garrett Eddings, professional opinion): If DMV issues a probationary salesperson license, that shows on the license itself, which hangs on the wall, and you may get some questions about it.
Talk to an attorney
From experience (Garrett Eddings, professional opinion): If you're worried about whether a DUI will affect your licensing or employment, contact an attorney right away to understand your options. I've always found that anyone dealing with a DUI is better off with a qualified attorney who knows how to navigate that part of the law.
An attorney can tell you how your conviction is classified, whether expungement or reduction is possible, and how to answer the application. Expungement doesn't remove the duty to disclose it on the DMV application.
Frequently asked questions
Can you get a car sales license with a DUI in California?
Often, yes. DMV can refuse a salesperson license for a conviction, but a DUI isn't an automatic bar. Felony DUIs are decided case by case and are harder. Insurance can be a bigger obstacle than the license.
Do I have to disclose a DUI on the DMV salesperson application?
The application excludes "traffic offenses." Whether your DUI counts as one can depend on the charge. Felony DUIs should be disclosed. When in doubt, disclose it or ask an attorney.
Do I have to disclose an expunged DUI?
The form says convictions must be disclosed even if they were expunged under Penal Code §1203.4. Ask an attorney how this applies to your conviction.
Will a dealership hire someone with a DUI?
Some will. The dealership's insurance company usually has to approve you as a driver, so ask early.
Related questions
- Do you need a license to be a car salesperson in California?
- What is Live Scan, and what shows up on it?
- Does a criminal record automatically disqualify you?
- Back to the California Dealer License FAQ
Next step: How to get a car sales license in California
Resources
- DMV form OL 16S, Application for Salesperson License (PDF) (PDF opens in new window)
- DMV Vehicle Salesperson License Handbook (Opens in new window)
- DMV: Vehicle Salesperson License (Opens in new window)
- State Bar of California: Certified Lawyer Referral Services Directory (Opens in new window)
Sources: DMV form OL 16S (PDF opens in new window) (Rev. 10/2020; conviction question and disclosure notice) · DMV Vehicle Salesperson License Handbook (OL 303) (Opens in new window). Verified 2026-10-16.
This article is for educational purposes only and is not legal advice. California Dealer Academy isn't a law firm. DMV makes every licensing decision, and outcomes depend on the facts of each case. Consult a licensed California attorney about any conviction. The instructor notes reflect one instructor's professional experience and opinion.