{"id":371777,"date":"2024-03-29T14:18:55","date_gmt":"2024-03-29T19:18:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-dui-laws.html"},"modified":"2024-12-27T15:57:01","modified_gmt":"2024-12-27T20:57:01","slug":"california-dui-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-dui-laws.html","title":{"rendered":"California DUI Laws"},"content":{"rendered":"\n
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California DUI Laws<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Drunk driving and driving under the influence of drugs are major problems in the U.S. DUIs make up one in 10 arrests nationwide. In 2021, 32% of fatal motor vehicle accidents in California involved a driver under the influence of alcohol, drugs, or both. In response, California has serious penalties for driving under the influence (DUI).<\/p>\r\n

Understanding the law will help you avoid committing a DUI and also help you plan your next steps if arrested for the offense.<\/p>\r\n\r\n

Blood Alcohol Concentration (BAC) Limits and Implied Consent<\/h2>\r\n<\/caption>\r\n

"Per Se" BAC Limit<\/a><\/th>\r\n0.08%<\/td>\r\n<\/tr>
Zero Tolerance (Underage) BAC Limit<\/a><\/th>\r\n0.01%<\/td>\r\n<\/tr>
Enhanced Penalty (Aggravated) BAC Limit<\/a><\/th>\r\n0.15%<\/td>\r\n<\/tr>
Implied <\/a>Consent<\/a> to Submit to BAC Test?<\/th>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n\r\n

Select Penalties<\/h2>\r\n<\/caption>\r\n

Minimum License Suspension or Revocation<\/a> (1st, 2nd, 3rd offense)<\/th>\r\n6 months, 2 years, 3 years<\/td>\r\n<\/tr>
Mandatory Alcohol Education, Assessment and Treatment<\/a><\/th>\r\nBoth<\/td>\r\n<\/tr>
Vehicle <\/a>Confiscation<\/a> Possible?<\/th>\r\nYes<\/td>\r\n<\/tr>
Ignition Interlock <\/a>Device<\/a> Possible?<\/th>\r\nYes (mandatory after second offense)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it’s a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.<\/i><\/p>\r\n

Driving Under the Influence<\/h2>\r\n

California law prohibits anyone from driving a vehicle under the influence of alcohol, drugs, or both. There is no distinction between a legal substance and an illegal one. Any substance that impairs your abilities can lead to a DUI charge<\/a>.<\/p>\r\n

California defines "vehicle" broadly to include bicycles, scooters, or watercraft. You have to be in a position to operate the vehicle. If you happen to be sleeping in the back seat or don’t have keys to the car, you may avoid a DUI arrest.<\/p>\r\n

California drivers are also prohibited from operating a vehicle if they are addicted to any drug. This law recognizes that a person experiencing withdrawal symptoms would not be safe to drive. If you take part in a substance abuse treatment program, law enforcement can give you leeway.<\/p>\r\n

Per Se Intoxication<\/h3>\r\n

All states now have, per se intoxication laws<\/a>. This means law enforcement doesn’t need additional proof of your impairment to arrest you if your blood alcohol content (BAC) is at or above the state’s legal limit. In California, this level is 0.08%. For commercial drivers, the legal limit is 0.04% BAC.<\/p>\r\n

If your BAC is between 0.05% and 0.07% and you show other signs of impairment, law enforcement can still arrest you for DUI. The officer needs to provide additional proof of your impairment.<\/p>\r\n

If you are under 21<\/a>, California has a zero-tolerance law<\/a> for impaired driving. A BAC of 0.01% will get you arrested on a DUI charge. Penalties are more serious if your BAC is 0.05%. If your BAC is 0.08%, you face adult penalties, though you will not be eligible for jail time.<\/p>\r\n

Implied Consent<\/h3>\r\n

If a police officer suspects you are driving under the influence, they will ask you to perform field sobriety tests<\/a> and chemical tests<\/a>. These help to gauge your intoxication. Law enforcement may ask you to take a Breathalyzer or breath test that detects your BAC. They may also have you submit to a blood test or urine analysis.<\/p>\r\n

When you get your driver’s license, you have given your implied consent to submit to chemical tests. You can refuse these tests, but there are immediate consequences. For a first-time refusal, you receive a driver’s license suspension of one year. A second refusal within 10 years will suspend your driving privileges for two years. This suspension is regardless of a DUI charge or conviction. The court can add additional license suspension time to your sentence.<\/p>\r\n

Law enforcement may still arrest you if you refuse chemical tests. Evidence of your refusal can be used against you in court.<\/p>\r\n

Aggravating Factors<\/h3>\r\n

Certain factors can make your DUI charge more serious in the eyes of the law. These include:<\/p>\r\n