California DUI law makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher for drivers 21 and older, 0.04% for commercial drivers, and 0.01% for drivers under 21 (zero-tolerance). A first-offense DUI under Vehicle Code § 23152 is a misdemeanor punishable by up to 6 months in county jail, $390–$1,000 in fines (plus penalty assessments that multiply the fine), a 6-month license suspension, mandatory DUI school, and — in most cases — a mandatory ignition interlock device. Penalties escalate significantly with repeat offenses within the 10-year lookback period, and a fourth DUI within 10 years is a felony.
| Governing statutes | Cal. Veh. Code § 23152 (DUI); § 23153 (DUI causing injury); § 23540–23577 (penalties); § 23575 (IID) |
|---|---|
| BAC limit (21+) | 0.08% |
| BAC limit (commercial) | 0.04% |
| BAC limit (under 21) | 0.01% (zero tolerance) |
| Lookback period | 10 years for prior DUIs |
| First offense classification | Misdemeanor |
| Fourth offense in 10 years | Felony |
| License suspension (1st) | 6 months (may be reduced with IID) |
| Ignition interlock | Mandatory for most convictions statewide since 2019 (SB 1046) |
| Wet reckless plea | Available under Cal. Veh. Code § 23103.5 |
| Implied consent | Yes — refusing chemical test triggers automatic license suspension |
What counts as a DUI in California
California has two main DUI statutes:
- Vehicle Code § 23152 — DUI: driving under the influence of alcohol, drugs, or both; or driving with a BAC of 0.08% or higher.
- Vehicle Code § 23153 — DUI causing injury: driving under the influence and causing bodily injury to any person other than the driver.
Prosecution under § 23152 requires proof that the driver was either (a) impaired by alcohol or drugs to the extent it affected their ability to drive with the caution characteristic of a sober person, or (b) had a per-se BAC over the limit. Either theory is sufficient — the prosecution frequently charges both.
BAC limits & per-se rules
| Driver category | Per-se BAC limit | Statute |
|---|---|---|
| Adults 21+ | 0.08% | Veh. Code § 23152(b) |
| Commercial drivers | 0.04% | Veh. Code § 23152(d) |
| Rideshare (with passenger for hire) | 0.04% | Veh. Code § 23152(e) |
| Drivers under 21 | 0.01% (zero tolerance) | Veh. Code § 23136 |
| Anyone on DUI probation | 0.01% | Veh. Code § 23600 |
The 0.01% rules for drivers under 21 and drivers on DUI probation are civil (license suspension) rather than criminal, but a driver in either category who tests at 0.05% or above can still face a full criminal DUI charge under § 23140 (juvenile) or § 23152 (adult).
First offense penalties
A first DUI in California (with no prior DUIs in the last 10 years and no aggravating factors) is typically punishable by:
- Jail: up to 6 months in county jail (48-hour minimum in some cases; commonly avoidable with probation).
- Fines: $390 to $1,000, but with penalty assessments and fees the actual cost is usually $2,000+.
- License suspension: 6 months by the court; DMV separately imposes a 4-month administrative suspension (which can start before conviction).
- Probation: 3 to 5 years of informal (summary) probation.
- DUI school: 3 months (30 hours) for BAC under 0.20%; 9 months (60 hours) for BAC 0.20% or higher or for a refusal.
- Ignition interlock device (IID): generally required for 6 months under SB 1046, though some first-offense drivers can opt for a full 4-month license suspension instead.
Second offense penalties
A second DUI within 10 years brings substantially harsher penalties:
- Jail: minimum 96 hours to maximum 1 year in county jail.
- Fines: $390 to $1,000 base, plus assessments.
- License suspension: 2 years (may be reduced to 1 year with IID after certain waiting periods).
- Probation: 3 to 5 years.
- DUI school: 18 months (78 hours) — SB 38 program.
- IID: 12 months mandatory.
Third offense penalties
A third DUI within 10 years:
- Jail: minimum 120 days to maximum 1 year in county jail.
- Fines: $390 to $1,000 base, plus assessments.
- License suspension/revocation: 3 years; driver is designated a "Habitual Traffic Offender" for 3 years.
- Probation: 3 to 5 years.
- DUI school: 30 months.
- IID: 24 months mandatory.
Felony DUI (4th offense & DUI causing injury)
A DUI becomes a felony when:
- It is the driver's fourth DUI within 10 years.
- The driver has a prior felony DUI conviction within 10 years.
- The DUI causes injury or death to another person (§ 23153 — always chargeable as felony, though can be a wobbler).
Felony DUI penalties include 16 months, 2 years, or 3 years in state prison (or more for injury/death cases), a 4-year license revocation, IID installation, and — in fatal cases — potential charges under Cal. Penal Code § 191.5 (vehicular manslaughter while intoxicated) or, in extreme cases, Watson murder (second-degree murder based on prior DUI convictions and knowledge of the dangers of drunk driving).
Chemical testing & implied consent
Under California's implied consent law (Veh. Code § 23612), anyone who drives on a California road is deemed to have consented to breath, blood, or urine testing if arrested for DUI. Refusing testing triggers:
- Automatic license suspension: 1 year for a first refusal, 2 years for a second, 3 years for a third.
- Enhanced criminal penalties if convicted (mandatory additional jail time).
- The refusal itself can be introduced as evidence at trial.
Preliminary alcohol screening (PAS) at the roadside — the handheld breath device — is generally optional for drivers 21+ (unless on DUI probation or under 21), but post-arrest chemical testing is not.
License suspension & APS hearings
California DUI arrests trigger two parallel license actions:
- Administrative Per Se (APS) suspension by the DMV — 4 months for a first offense at 0.08%+ or refusal.
- Court-ordered suspension upon conviction — 6 months for a first offense, longer for repeats.
You have 10 days from the date of arrest to request an APS hearing with the DMV. If you don't request one, the administrative suspension takes effect automatically 30 days after arrest. The APS hearing is separate from the criminal case — a driver can win the APS hearing and still be convicted criminally, or vice versa.
Ignition interlock device (IID) requirements
Since January 1, 2019, SB 1046 made ignition interlock devices mandatory statewide for most DUI convictions:
| Offense | IID requirement |
|---|---|
| 1st DUI (no injury) | 6 months (or opt for 4-month full license suspension) |
| 1st DUI causing injury | 12 months |
| 2nd DUI | 12 months |
| 3rd DUI | 24 months |
| 4th or subsequent DUI | 36 months |
The IID must be installed on any vehicle the driver operates. Costs are the driver's responsibility (typically $60–$120 for installation and $60–$90 per month for calibration and monitoring).
Wet reckless plea option
A "wet reckless" (Veh. Code § 23103.5) is a reduced charge that a prosecutor may offer in weaker DUI cases — commonly where BAC is close to the 0.08% limit or where there are evidentiary problems. Compared to a full DUI conviction, a wet reckless:
- Shorter jail exposure and lower fines.
- No mandatory license suspension (though DMV APS action is separate).
- Shorter probation and DUI school requirements.
- Still counts as a prior DUI for the 10-year lookback period if you're re-arrested.
Aggravating factors
Several circumstances trigger enhanced DUI penalties:
- BAC of 0.15% or higher — often longer DUI school and stricter probation.
- BAC of 0.20% or higher — 9-month DUI school on first offense.
- Refusal of chemical testing — mandatory additional jail time and longer license suspension.
- Excessive speed / reckless driving in connection with the DUI.
- Minor child in the vehicle — separate child endangerment charge under Veh. Code § 23572 (mandatory 48-hour jail add-on on first offense).
- Prior DUI convictions within the 10-year lookback.
- Accident or injury — moves the case toward § 23153 or felony charges.
10-year lookback period
California uses a 10-year window for counting prior DUIs. A prior DUI conviction, wet reckless, or DUI-causing-injury within 10 years of the current arrest date bumps the current offense up the penalty ladder. Priors from other states can count if the out-of-state statute is substantially similar to California's.
DUI expungement
California allows expungement of most DUI convictions under Cal. Penal Code § 1203.4, provided the person has completed probation and is not currently charged with or convicted of any other offense. Expungement:
- Allows the person to answer "no" to most employer questions about the conviction.
- Does not erase the conviction for DMV or law-enforcement purposes.
- Does not remove the conviction from the 10-year lookback.
- Does not restore firearms rights.
See our guide on how to expunge your criminal record for the full California procedure.
State agency contact
California Department of Motor Vehicles (DMV) & California Highway Patrol
DMV handles license suspensions and APS hearings; CHP is the primary enforcement agency for highway DUI
Compared to neighboring states
Related California laws
Related comparisons
Related guides
Recent changes
- January 1, 2019SB 1046 made ignition interlock devices mandatory statewide for most DUI convictions, replacing prior county-pilot programs.
- January 1, 2014"Watson murder" doctrine reinforced through DUI prior-conviction advisement — Watson advisement now given at every DUI plea.
- January 1, 200710-year lookback period established (replacing prior 7-year window) for counting prior DUI convictions.
Need advice on your specific California situation?
State Law Handbook doesn't provide legal advice. Connect with a licensed California attorney for personal counsel.
Sources
Primary sources
- California Vehicle Code § 23152. The primary DUI statute — driving under the influence and per-se BAC provisions. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
- California Vehicle Code § 23153. DUI causing bodily injury. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23153
- California Vehicle Code §§ 23536–23582. DUI penalty schedules — first through fourth-plus offenses. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH
- California Vehicle Code § 23612 — Implied Consent. Chemical testing and refusal consequences. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23612
- SB 1046 (2016) — Ignition Interlock. Statewide IID mandate effective January 1, 2019. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1046