California DUI Laws: Penalties, BAC Limit & License (2026)

In California the offense is called driving under the influence (DUI), and Vehicle Code 23152(b) makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI conviction carries up to six months in county jail, a fine of $390 to $1,000 plus penalty assessments, and a license suspension, according to Vehicle Code 23536.

This guide is part of our DUI Laws by State series.

What counts as a DUI in California

California's core DUI statute, Vehicle Code 23152, creates two ways to charge the offense. Subdivision (a) covers driving while actually under the influence of alcohol or drugs, and subdivision (b) is the per se rule: it is unlawful to drive with a BAC of 0.08 percent or more by weight. A prosecutor can pursue either or both, so a driver under 0.08 can still be convicted if the alcohol or drugs impaired the ability to drive. Commercial drivers face a 0.04 percent limit under subdivision (d), and the same 0.04 percent threshold applies to a driver carrying a passenger for hire under subdivision (e). Drivers under 21 fall under the zero-tolerance law in Vehicle Code 23136, which makes it unlawful to drive with a BAC of 0.01 percent or more and triggers a one-year license suspension. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as reflected by the National Highway Traffic Safety Administration.

First-offense DUI penalties in California (jail, fines, suspension)

A first DUI under Vehicle Code 23152 is a misdemeanor. Vehicle Code 23536 provides for a jail term of not less than 96 hours (at least 48 of them continuous) and not more than six months, and a fine of not less than $390 nor more than $1,000. Court penalty assessments routinely push the actual financial cost well above the base fine. The court typically grants probation in place of most of the jail time, but probation conditions include completing a state-licensed DUI program, which runs about three months for a first offense at 0.08 to under 0.20 percent BAC, or longer for higher readings. Separately, the California DMV takes its own action against the driving privilege. Section 23536 itself says nothing about insurance, but the driving privilege cannot be reinstated until the driver files proof of financial responsibility (an SR-22 certificate) under Vehicle Code 13352(a), and that proof must be maintained for three years under Vehicle Code 16480(a)(2) and 16482(b).

Watch out: The DMV's administrative per se suspension and the criminal court case are two separate proceedings. You can win or resolve the criminal case and still lose your license through the DMV, and you generally must request a DMV hearing within 10 days of arrest to contest the administrative suspension.

Ignition interlock requirements in California

California's ignition interlock rules are unusual among the states. Under the statewide IID program described by the California DMV, a first-time offender whose DUI did not cause injury is generally not required to install an IID. Instead, that driver may choose between serving the suspension and then driving on a restricted license, or installing an IID right away to obtain an unrestricted IID-restricted license that allows driving anywhere, so long as the vehicle has the device. An IID becomes mandatory when the first offense involves injury under Vehicle Code 23153, in which case the device is required for one year. For repeat offenses, Vehicle Code 23575.3 sets the mandatory IID term at 12 months for a conviction with one prior, 24 months with two priors, and 36 months with three or more priors. The device works by requiring a breath sample before the engine starts and at random intervals while driving.

License suspension and the administrative (ALS) process in California

California runs two suspension tracks at once. The administrative per se (APS) suspension is an immediate DMV action taken against the driving privilege based on the arrest, independent of the criminal court outcome, as the California DMV explains. For a first offense with a BAC of 0.08 percent or more by a driver 21 or older, the APS suspension is four months. The arresting officer takes the physical license and issues a temporary 30-day permit; the suspension begins after that window unless the driver requests and prevails at a DMV hearing. If the court later convicts the driver, a separate court-triggered suspension of up to six months applies, though the DMV credits overlapping time. To reinstate, a driver must serve the suspension or restriction, complete the DUI program, file the SR-22, and pay reinstatement fees.

Repeat offenses and the California look-back period

California counts prior DUIs within a 10-year look-back window, so the penalties escalate sharply for offenses that fall inside that period. A second DUI within 10 years carries a longer jail exposure and a two-year suspension, and a third within 10 years carries enhanced jail time and a three-year revocation. The felony threshold sits at the fourth offense: under Vehicle Code 23550, a DUI within 10 years of three or more prior DUI-related convictions can be charged as a felony. Section 23550(a) is a wobbler, so the sentence depends on how the case is charged. The misdemeanor branch is 180 days to one year in county jail, while the felony branch is punished under Penal Code 1170(h), which sets a term of 16 months, two years, or three years. That term is served in county jail unless Penal Code 1170(h)(3) applies, which sends the sentence to state prison for a defendant with a prior serious or violent felony, a sex-offender registration requirement, or a Penal Code 186.11 enhancement. A felony conviction also brings designation as a habitual traffic offender and license revocation. A DUI that causes injury under Vehicle Code 23153 can be a felony regardless of offense number, and a DUI causing great bodily injury or death can be charged as a felony or even murder in egregious repeat cases.

Watch out: Refusing a chemical test does not avoid a suspension and usually makes it worse. A first refusal results in a one-year DMV suspension, longer than the four-month suspension for failing the test, and the refusal can be used against you in court.

Refusing a breath or blood test in California

California's implied consent law means that by driving in the state, you have agreed to submit to a chemical test of blood or breath if lawfully arrested for DUI. According to the California DMV, a first refusal results in a one-year license suspension, a second refusal within 10 years results in a two-year revocation, and a third results in a three-year revocation. These refusal suspensions are administrative and apply on top of any criminal penalties. Because the refusal suspension is longer than the four-month suspension for failing the test, refusing rarely helps and often hurts. The statute does allow a preliminary alcohol screening (PAS) test to be declined by most drivers 21 and older who are not on DUI probation, but the post-arrest evidentiary test is the one covered by implied consent.

Can you expunge or seal a DUI in California

California does not offer true record sealing for most DUI convictions, but a misdemeanor DUI can often be dismissed under Penal Code 1203.4. To qualify, the person must have completed probation, not be serving another sentence, not be on probation for another offense, and not be facing new charges. A successful petition withdraws the plea or sets aside the verdict and dismisses the case, which lets the person state on most private employment applications that they were not convicted. Importantly, a 1203.4 dismissal does not erase the record from the court, the DMV, or law enforcement; the DUI still counts as a prior for look-back purposes and still appears on a DMV driving record. Felony DUIs and cases that resulted in prison time face stricter eligibility rules.

What to do after a DUI arrest in California

A California DUI generates two cases at once: a criminal case in the superior court and an administrative case at the DMV. The statute and DMV rules set tight deadlines, so the first practical step many people take is to request a DMV hearing within 10 days of arrest, because missing that window generally forfeits the chance to contest the administrative per se suspension. The criminal case proceeds on its own schedule through arraignment, pretrial, and resolution. General information cannot tell you how your case will come out, and outcomes depend heavily on the specific facts, your record, and the evidence. Many people consult a licensed California DUI attorney to understand the charges, the deadlines, and the options for both the court case and the DMV case. Keep copies of the arrest paperwork, the temporary license, and any test results.

More California Laws

• California Expungement Laws
• California Warrant Search