California DUI Laws: What You Need To Know (July 2025)

Legal Blood Alcohol Limits and Implied Consent in California

Depending on your circumstances, California has different blood alcohol limits, including:

• Drivers Over 21: 0.08%
• Drivers Under 21: 0.01%
• Drivers on DUI Probation: 0.01%
• Drivers of Commercial Vehicles: 0.04%
• Drivers of Passengers for Hire: 0.04%

The category of “drivers of passengers for hire” includes rideshare and taxi drivers.

It’s important to understand that you can be charged with a DUI even if your BAC is below the legal limit. For instance, if you get pulled over for weaving between lanes, are slurring your speech, and have a BAC of 0.035, you could still be arrested and charged with DUI.

If you get pulled over on suspicion of DUI, you might think you can avoid penalties by refusing alcohol testing. However, it’s typically not that simple. Like most other states, California has implied consent laws for DUI testing.

This means that by driving on public roads in California, you consent to being tested for alcohol or drugs if a police officer suspects you of driving under the influence. So if you refuse to take a chemical test, like a blood, breath or urine test, you may face additional administrative penalties. The fact that you refused testing can also be used against you in court.

Criminal and Administrative Penalties for DUI

Because a DUI is treated as a crime in California, a conviction may lead to jail time, fines and other criminal consequences. It may also involve administrative penalties from the Department of Motor Vehicles (DMV).

Take a closer look at some of the penalties you may face under California DUI laws:

First Offense

A first offense generally leads to up to six months in jail, a license suspension of up to six months and a fine of $390 to $1,000.

Second Offense

For a second offense, you may be sentenced to up to a year in jail, a license suspension of up to two years and a fine of $390 to $1,000.

Third Offense

For a third DUI, you could face up to a year in jail, a license suspension of up to three years and a $390 to $1,000 fine.

Fourth or Subsequent Offense

For a fourth or subsequent DUI, you could be imprisoned for up to three years, have your license suspended for up to four years and owe a fine of $390 to $1,000.

Misdemeanor DUI Causing Injury

If your DUI is charged as a misdemeanor but you injured someone, you could spend up to a year in jail, have your license suspended for 1 to 3 years and owe a fine of $390 to $5,000.

Felony DUI Causing Injury

If your DUI is a felony and you cause an injury, you could be imprisoned up to 16 years, have your license suspended up to five years and owe a fine of $1,015 to $5,000.

Factors That Can Increase Your DUI Sentence

When it comes to DUI sentencing, courts have some latitude. For instance, your sentence for a first offense with a low BAC is likely to be less than that for an aggravated DUI. Key factors that can increase your sentence include:

• Having a high BAC
• Having minors in the car
• Speeding or other reckless behavior
• Prior DUI convictions
• Getting a DUI with a suspended license
• Injuring someone

Aggravating factors can make sentencing complex, but your attorney should be able to help you understand what the circumstances of your case mean for your potential sentence.

DUI Laws for Minors, Commercial Drivers and Alternative Vehicles

Under California DUI laws, minors and commercial drivers have lower BAC limits than people over 21 driving passenger vehicles. However, DUI laws don’t only apply to cars. In California, you can get a DUI while operating any of the following:

• A bike
• A boat
• A plane or a parachute
• An electric scooter

If you’re arrested for DUI on an alternative vehicle, make sure you choose a lawyer with experience in similar cases.

What Happens During and After a DUI Stop?

When an officer pulls you over, you may be asked to take a breathalyzer test and complete field sobriety tests. If the officer thinks there is probable cause to arrest you, you could be taken to the police station and asked to take a more precise breathalyzer test.

After an arrest, your license can be administratively suspended for 30 days. However, if you request a hearing within 10 days, you may be able to overturn the suspension.

How to Challenge DUI Charges in California

Your DUI lawyer may be able to find a defense for your DUI. A few common defenses include:

• There was no probable cause to stop you
• The breathalyzer was inaccurate
• The officer violated your rights in some way
• You have a medical condition that mimics the effects of intoxication

When discussing your case, be as honest as possible. This will help your lawyer come up with the best defense.

Reinstating Your License After a DUI

The process to reinstate your license varies depending on the circumstances of your case. You may need to do some or all of the following:

• Attend alcohol education courses
• Install an ignition interlock device
• Purchase SR-22 insurance
• Pay a reinstatement fee

This process can be costly. Your insurance premiums will likely rise after a DUI, and ignition interlock devices usually come with installation and maintenance fees.

Have You Been Arrested for a California DUI?

If you’ve just been arrested for DUI, the best thing you can do for yourself is to hire a skilled DUI lawyer. Choosing an experienced lawyer can make a major difference when it comes to DUI defense, and that’s where we can help.

ConsumerShield analyzes legal cases to match consumers with skilled local lawyers. Fill out our convenient contact form to get started today.