California · Vehicle Code §§ 23152–23153
California calls the offense DUI: driving under the influence of alcohol or drugs. Here's what the law says, the penalties you could face and what to do in the first days after an arrest.
Legal term
DUI
Vehicle Code § 23152
BAC limit, 21 and over
0.08%
You can be charged below it if impaired
Commercial drivers
0.04%
While driving a commercial vehicle
Drivers under 21
0.01%
Zero-tolerance law
Rideshare or for-hire, passenger aboard
0.04%
Uber, Lyft, taxi and similar
Prior-offense lookback
10 years
Earlier DUIs raise the penalties
Misdemeanor DUI with no injury. Offenses count as priors if they happened within 10 years. Fines are base amounts; court penalty assessments raise the total cost several times over.
| First offense | Second offense | Third offense | |
|---|---|---|---|
| Jail | Up to 6 months; often little or none with probation | 96 hours to 1 year | 120 days to 1 year |
| Base fine | $390 to $1,000 | $390 to $1,000 | $390 to $1,000 |
| Probation | 3 to 5 years | 3 to 5 years | 3 to 5 years |
| DUI program | 3 to 9 months | 18 to 30 months | 30 months |
| License suspension (court) | 6 months | 2 years | 3 years |
| Ignition interlock | At the court's discretion | Generally required, about 1 year | Generally required, about 2 years |
A fourth DUI within 10 years can be charged as a felony. See Felony DUI.
A DUI arrest in California starts two cases that run side by side. You can win one and lose the other, so each needs attention.
DMV · starts at arrest
The officer takes your license and gives you a temporary one good for 30 days. Request a DMV hearing within 10 days to challenge the suspension.
If the suspension stands: 4 months for a first offense, 1 year with a prior.
Court · starts when charged
A conviction brings its own suspension, shown in the penalties table above. It can overlap with the DMV suspension.
A restricted license, often with an ignition interlock, may let you keep driving.
Under California's implied consent law, driving means you've agreed to a breath or blood test after a lawful DUI arrest. Refusing brings its own license suspension, can be used as evidence against you and adds penalties if you're convicted.
First refusal
1 year
license suspension
With one prior in 10 years
2 years
license revocation
With two or more priors
3 years
license revocation
The roadside breath test offered before an arrest is different. For most drivers 21 and over who aren't on DUI probation, it's optional.
These factors can add jail time, a longer DUI program or other penalties on top of the standard sentence.
Most California DUIs are misdemeanors. A DUI can be charged as a felony when:
An ignition interlock device (IID) is a breath tester wired to your car's ignition; the car won't start if it detects alcohol. In California an IID is generally required after a repeat DUI or a DUI causing injury. A first offender may be ordered to install one, or may choose one to get a restricted license sooner. The statewide interlock rules were extended in 2025 (AB 366).
The California statutes this guide is based on.