California DUI laws inform drivers about acceptable behaviors and what can happen if you violate the state’s drinking and driving statutes.

If you are facing charges or want to better understand the laws, our article covers everything you need to know about California’s DUI laws.

California DUI Laws

Despite the Golden State’s laid-back vibe, California’s DUI statute considers it a crime for anyone to try to drive with a blood-alcohol content, or BAC, greater than 0.08%.

The laws also govern various scenarios where a driver gets caught operating a vehicle while affected by drugs, alcohol, or both. The state

Even if your BAC is not at the legal limit, you could still get arrested on suspicion of drunk driving. Police officers may ask you to submit to a field sobriety test or blow into a breathalyzer. If you fail the test or refuse, you will likely get detained—even if you are completely sober.

You might think you can avoid a DUI on a bike or similar charge. However, in California, both bikes and scooters are designated as vehicles. That means you can still get taken into custody if you drink excessively and ride a bike. The same goes for operating a boat while impaired by drugs or alcohol, or “BUI.”

California laws emphasize that drunk drivers must be operating a vehicle to get a DUI charge. If you are asleep in the backseat of a car, you might evade arrest. However, putting a key in the ignition or turning the wheel could be seen as intent to drive.

If you get charged with a DUI, it will likely be a misdemeanor, especially if it is your first and only offense. Yet, it is possible to face a felony conviction, depending on the circumstances:

  • Getting charged with a fourth DUI in a ten-year period
  • Having a prior felony DUI

California’s DUI Definition

California defines a driver as “under the influence” when they suffer impairment by a substance to the point where it negatively impacts their ability to safely operate a vehicle. The substance could be alcohol, illicit drugs or a prescription. When it comes to driving, California makes no distinction between legally obtained or illegally obtained drugs; if they make you an unsafe driver, you are breaking the law.

How California’s DUI Laws Define the Offense

California’s laws regarding DUI violations get defined under Vehicle Code section 23152. The main points are:

  • It is against the law for a person under the influence of any alcoholic beverage, drug or a combination of the two to drive a vehicle.
  • A BAC of 0.08% or greater makes it unlawful to drive.
  • The perceived intention to drive drunk or impaired.

For example, if you fell asleep in a parked car to “sober up,” you could fight a DUI as this does not demonstrate any intent to drive drunk. If your car key is in the ignition, you may still be on the hook for a DUI, as this information could be used by a prosecutor to suggest you operated the car while drunk or intended to.

Moreover, in California, someone addicted to drugs cannot legally operate a vehicle. However, this law does not extend to those participating in a narcotic treatment program.

DUI Definitions for Commercial and Underage Drivers

California DUI laws have additional stipulations and stricter BAC limits for commercial and underage drivers.

Commercial Driver DUIs

While non-commercial drivers are subject to a BAC limit of 0.08%, commercial drivers cannot operate vehicles if their limit reaches 0.04%. Given the professional nature of the cars and trucks used commercially, the proximity to the public, and the size and use of certain types of heavy duty commercial vehicles, a stricter standard is to be expected.

In addition, California’s commercial drivers are guilty of a DUI if operating their vehicles while under the influence where a “passenger for hire” is also present at the time of the offense. That means if someone drives drunk and then attempts to switch with the passenger to claim that no DUI was committed, the driver can still be charged

DUIs and Underage Drivers

Someone under the age of 21 is guilty of a DUI offense if they drive a vehicle with a BAC of 0.01% or greater, as California operates under a “zero tolerance” policy. It is very easy to reach that level by consuming less than a can of beer or a glass of wine.

California’s BAC Limit and Per Se DUIs

As detailed in previous sections, the blood-alcohol content level can play a role in determining whether someone gets charged with a crime. As the legal limit is usually 0.08%, reaching the limit is what is known as a “per se” DUI.

“Per se” means by itself. In matters of law, it means that the evidence of a violation is enough and police do not need any additional evidence to make an arrest. If, for instance, you were to be pulled over and the officer suspects you are intoxicated, blowing a 0.08% would be evidence enough you are breaking the law. You would then be charged with a “per se” DUI.

Mitigating and Aggravating Circumstances of a California DUI

Once you get charged with a DUI, additional factors could result in either leniency or harsher punishments.

Mitigating DUI Circumstances

DUIs often bring serious consequences, however mitigating factors soften legal outcomes. For instance, if you are a first-time DUI offender without any previous criminal behavior, you will likely be charged with a misdemeanor offense.

It is also possible to be charged with a DUI at arrest, but have those charges dropped should it be determined that you were not drunk or under the influence of drugs and alcohol. For instance, an exhausted driver may exhibit behaviors similar to someone intoxicated, but driving in a sleep-deprived state is not drunk driving.

While mitigating circumstances do not necessarily mean you will not be held accountable, the outcome is not as severe as it could have been.


DUI Punishments in California

In California, most DUIs are misdemeanor offenses, and those convicted of the offense typically do not serve jail time.Instead, the most common punishment is a few years probation and a fine.

Aggravating DUI Circumstances

Alternatively, a driver can make a DUI case worse through a combination of behaviors right before or at the time of the arrest.

Prior offenses can also act as aggravating circumstances. According to California Vehicle Code 23540, persons who were previously convicted of a reckless driving charge within 10 years of getting sentenced for a DUI conviction get punished with between 90 days and a year in county jail and a fine between $390 and $1,000.

Some aggravating circumstances can upgrade the misdemeanor DUI charge to a felony.


Felony DUI Charges in California

Most DUI charges in California get charged as misdemeanors, even if it isn’t a first-time offense. Typically, a first, second and third DUI with no aggravating factors will be charged as misdemeanors. Aggravating factors can elevate a California DUI to a felony much faster, even during a first-time charge. Such aggravating circumstances include:

  • Drunk driving with at least one minor in the vehicle.
  • Causing an accident where a person is harmed or killed.
  • Behaving in a belligerent and combative manner toward officers.

Some aggravating circumstances can not only elevate a misdemeanor DUI to a felony in California, but they can result in other charges, from reckless driving to involuntary manslaughter.

If you get convicted of a felony DUI in California, the punishments can include as much as three years in state prison and a fine of up to $5,000.

Implied Consent and Refusing a Blood Alcohol Test in California

Many people make the mistake that they can avoid a DUI by refusing to cooperate with the police. Some may even attempt to apply the logic that submitting to a breathalyzer or field sobriety test is a form of self-incrimination from which they are legally protected. This thinking is incorrect.

California Vehicle Code 23612, the “implied consent law,” says that the act of driving a motor vehicle within the state is a form of consent to blood alcohol or drug level testing. It is the officer’s discretion to request testing and should a driver refuse, the officer will inform them that their refusal is punishable by a fine and immediate imprisonment.

The driver also loses the ability to operate a motor vehicle for up to a year; this doubles to two years if it occurs within 10 years of a separate vehicle-related conviction, such as a DUI or reckless driving charge.


Plea Bargaining in California DUI Cases

To obtain the best possible legal outcome, you should carefully consult with your defense attorney about your best options. This is especially true in instances where evidence, such as an unfavorable breathalyzer result, is strong enough to likely result in a conviction and the subsequent consequences.

“Wet Reckless” Plea Bargain

“Wet reckless” or “wet and reckless” is the term used to describe a plea agreement where a person charged with a DUI agrees with the prosecution to plead either guilty or no contest to the lesser charge of reckless driving. The “‘wet” comes from the individual acknowledging the use of drugs or alcohol during their plea agreement, unlike a “dry” reckless charge where there are no drugs or alcohol involved.

It is also important to note that, unlike a “dry reckless” offense, a “wet reckless” could be considered an aggravating factor toward a future DUI charge.


License Revocation and Reinstatement

While many drivers fear a DUI arrest means their license will get immediately taken away, that is not always the case. Even if a person loses their driver’s license due to a DUI suspension, they can apply for a “hardship license” or an application for critical need restriction. The request is for those who had their license revoked, but due to extenuating circumstances need permission to drive.

Reasons might include the need to take kids back and forth to school, having a job commute that is nearly impossible without driving, or using the vehicle to provide medical support for a family member.

When completing the paperwork, you must carefully explain why the license is necessary and cannot be substituted by carpooling, requesting an Uber or riding a bike.

The California DMV must approve your hardship license eligibility. Once approved, you must pay a $100 reissue fee and submit a completed SR-22 form.

California’s SR-22 Requirements

You will need to complete a California Proof of Insurance Certificate, or form SR-22, as part of the license reinstatement process. This type of insurance requires at least $15,000 bodily injury liability per person, $30,000 bodily injury liability per accident, and a property damage liability of $5,000.

Following a DUI, you must maintain your SR-22 for a period of three years.


Frequently Asked Questions (FAQs)

What is the punishment for a California DUI?

The punishment for a California DUI varies. Common punishments are probation, fines, and getting one’s license revoked. For more felony DUI charges, there is also the possibility of serving jail or prison time.

Do you lose your license for a first-time DUI in California?

Yes, it is possible to lose your license. A first-time conviction for a DUI in California means the DMV will suspend your license for six months to a year.

What are common punishments for a first-time DUI in California?

Three common punishments for a first-time DUI conviction in California include up to three years of probation, a fine between $390 and $1,000 and the mandatory completion of a 30-hour first-offender alcohol program, the price of which is $500.

Is jail time mandatory for a California DUI?

Jail time is not mandatory for a DUI, particularly if there are no aggravating factors such as causing bodily harm or death or the DUI being the fourth in a period of 10 years. The more aggravating factors, the greater the possibility of serving a mandatory jail sentence.