California DUI Laws
The maximum prescribed legal BAC limit in California is 0.08% per se
(effective from Jan 1st 1990)
California Drunk Driving Laws
(If you’ve been charged with California DUI, the law allows only 10 days for your California DUI Lawyer to make a request with the California DMV (Department of Motor Vehicles) for a hearing to save your driving license)
California is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
California DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of California it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
PROBATION - BAC LIMIT = 0.01%
It is a crime for persons on probation for violating DUI laws to drive with a BAC (blood alcohol content - concentration) of 0.01% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.01%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.01% or above.
MINOR (under the age of 18) - BAC LIMIT = 0.00% - ZERO TOLERANCE
It is a crime for persons under 18 years of age to drive with a BAC (blood alcohol content - concentration) of 0.00% or above (zero tolerance).
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for drivers of commercial vehicles to drive with a BAC (blood alcohol content - concentration) 0.04% or above.
It is a an offense to refuse to submit to a chemical test in California and implied consent laws are enforced.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in California without driving while you are over the legal prescribed bac limit.
Under California law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, stradling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
California BAC Calculator
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Penalties for DUI - Drunk Driving in California
California is a state with a ten-year ‘washout period’ also known as a 'look back period', this means that a prior DUI conviction is not admissible after ten years. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
Probation
The exact minimum lengths of any imprisonment and programs a person must serve/complete will depend if they are granted probation or not. The ranges shown below take this into account. Minimum periods will be longer if no probation is granted.
Out of State Convictions
Out of state DUI convictions count as prior offenses in the State of California.
A conviction of a DUI offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in California, would be a violation of California DUI laws will be counted as a prior offense.
ENHANCED PENALTIES
Certain factors will enhance any penalties imposed on a person convicted of DUI in California. This can lead to increased jail time, increased periods of suspension or revocation, increased rehabilitation programs and increased periods of ignition interlock restrictions. Factors that can lead to increased penalties include:
1) Carrying a passenger who is under 14 years of age
2) Causing bodily injury to any person other than the driver
3) High BAC (blood alcohol content) of 0.15 or more
4) Chemical test refusal at time of arrest that leads to a DUI conviction
5) Excessive speeding
First Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in California (within 10 years of previous convictions):
Second DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in California (within 10 years of previous convictions):
Third DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a third DUI - drunk driving conviction in California (within 10 years of previous convictions):
Fourth (and subsequent) DUI - Drunk Driving Conviction - Felony
The penalty for a fourth and subsequent DUI - drunk driving conviction in California (within 10 years of previous convictions):
- Fine: $390 to $1,000 fine
- Jail: 180 days to 1 year in state prison or county jail
- License Revocation: 4 years drivers license revocation (IID restricted drivers license may be available after first 12 months of suspension)
- at least 18 months or longer driving under the influence program (DUI School)
- possible ignition interlock (IID) restriction upon license re-instatement for a period that does not exceed three years from date of conviction
- designated as habitual traffic offender
- California SR22 insurance requirement
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Implied consent LAWS
It is an offense to refuse to submit to a chemical test in California and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in CALIFORNIA
In California, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
Second chemical test refusal (within 10 years of first)
Third & SUbsequent chemical test refusal (within 10 years of previous convictions)
California Auto insurance (High Risk DUI SR22 Insurance)
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California auto insurance quotes
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California SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for California auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of California
The minimum mandatory liability insurance coverage required in the state of California for private passenger vehicles is (15/30/5). This equates to the following liability coverage:
- $15,000 bodily injury liability per (BIL) person
- $30,000 for two or more people in one accident
- $5,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE DUI / DWI Case evaluation & by local California Lawyer
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Protect your rights! Talk to a local DUI lawyer
California DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your California drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local California Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in California?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in California?
• Does California have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with California laws and procedures ?
• When and how can you get your driver’s license reinstated in California?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local California criminal defense attorney specialising in California drunk driving laws today. |
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Disclaimer: While every effort is made to keep all information up to date, the California drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local California DUI lawyer is recommended in all cases.
Useful California DUI Links:
DUI - Drunk Driving Laws in California
California Drivers Handbook
California SR22 Insurance Requirement
California DMV (Department of Motor Vehicles)
California Department of Transportation
California Courts (the Judicial branch of California)
California Department of Insurance
California DUI Lawyers
California DUI discussion forum
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