California DUI Laws and Penalties – All You Need to Know

It is a severe offense to drive under the influence in California, with law enforcement and the government going fiercely after alleged offenders. A conviction for a DUI offense can lead to incarceration, fines, and a driver’s license suspension. As California DUI laws and penalties change over time, it’s crucial for all drivers to keep current on any updates to these laws.

Understanding DUI in California

Under California law, a DUI is defined as operating a motor vehicle while under the influence of drugs or alcohol in a manner that impedes the driver’s cognitive and physical abilities, thereby threatening others on the road. Any substances that could impact motor skills and cognitive functions, such as prescription medications, over-the-counter drugs, and illegal substances, could be involved in a DUI case.

For drivers under the age of 21, the state still has a zero-tolerance policy, and commercial drivers or those with previous DUI offenses face more serious penalties as well.

Blood Alcohol Concentration (BAC) Limits

In California, the blood alcohol concentration limit for drivers aged 21 and older is 0.08%, while it is 0.04% for commercial vehicle drivers. For drivers under the age of 21 or those who are on DUI probation, the legal limit is 0.01%. It’s important to note that, even if a driver is under the legal limit, they could still face DUI charges if they appear to be impaired.

California DUI Arrest and Conviction Statistics

Over the past few decades, California has seen a decrease in DUI arrests and convictions. However, driving under the influence still remains a serious concern for the public. For example, in 1990, 366,834 DUI arrests were recorded, marking one of the highest in the history of the state. For 2020, the number of arrests dropped to 95,957, showing a significant decline.

Despite this decrease, crash fatalities linked to DUIs still remain a significant challenge to California residents and government officials, as 48% of all crash fatalities in 2020 involved drug or alcohol impairment.

DUI Arrest Process in California

If law enforcement suspects that a driver is under the influence, that driver may be subject to the following arrest process:

• Checkpoint or traffic stop: If a police officer observes strange driving patterns or pulls over a driver at a checkpoint, they may decide to conduct a field sobriety test.
• Field sobriety and breathalyzer tests: The driver may be asked to undergo a field sobriety test and a breathalyzer test to determine what their BAC level is.
• Chemical testing and arrest: If the officer has probable cause to believe that the driver is impaired, they will arrest them. At the station, they will carry out a urine or blood test to confirm that they are under the influence.
• License suspension: The Department of Motor Vehicles (DMV) will suspend the driver’s license, following the Administrative Per Se law.

Even if the driver is not convicted of a DUI, any refusal to take a breathalyzer test could lead to their driver’s license being automatically suspended.

DUI Penalties in California (2025 Update)

Compared to the rest of the country, California has some of the strictest DUI penalties. Which ones a driver will face depends on various factors, including whether the defendant has prior offenses, along with the severity and nature of their case.

Penalties are as follows:

• First offense: A first-time offense can lead to a six-month driver’s license suspension, up to $1,000 in fines, and a maximum of six months in county jail. A mandatory three-month DUI education program must also be completed. An ignition interlock device (IID) may be required.
• Second offense: Those who have a second offense within 10 years of their original conviction can face a two-year driver’s license suspension, up to $1,000 in fines, and a jail time ranging from 90 days to one year. An 18-month DUI education program must be completed, and there is also a one-year IID requirement.
• Third offense: A third offense within 10 years comes with a driver’s license suspension of three years, fines of up to $1,000, jail time ranging from 120 days to one year, and required attendance of a DUI education program for 18 to 30 months. There’s also an ID requirement of two years.
• Fourth offense or injury/damage DUI: This is considered a felony offense, leading to a prison sentence from 16 months to three years, up to $1,000 in fines, and the potential for a permanent driver’s license revocation.

If you’re facing DUI charges in California, it’s crucial to work with a skilled criminal defense attorney who can defend your case.

FAQs

Q: Can I Refuse a Breathalyzer Test in California?

A: Yes, it is possible to refuse a breathalyzer test in California. However, under California’s implied consent laws, a refusal could lead to an automatic one-year suspension of your driver’s license. If you are facing an automatic driver’s license suspension, a knowledgeable attorney can defend your driving privileges, both in court and at a DMV hearing.

Q: Can I Get a DUI for Prescription Drugs?

A: Yes, even if you were prescribed the drugs in question, you can still face a DUI charge. Any drug can interfere with your ability to drive, especially substances that impact motor skills or cognitive functionality. Any of these are not allowed to be taken while you are operating a vehicle.

Q: How Long Does a DUI Stay on My Record?

A: A DUI conviction could stay on your driving record for 10 years. Having a DUI on your record can significantly raise your insurance rates, costing thousands of dollars. It can also prevent you from accessing meaningful educational, professional, or housing opportunities. Therefore, it is crucial to fight any charges you are facing.

Q: Can I Get a Restricted License After a DUI?

A: Yes, it may be possible for you to get a restricted license after a DUI conviction. A knowledgeable attorney can determine whether you may qualify. They can also show you how to meet the conditions for your case, such as installing an ignition interlock device and serving part of your suspension.

Safeguard Your Rights and Interests With a Skilled DUI Criminal Defense Attorney

If you or your loved one is facing charges for a DUI in California, it’s crucial to work with a skilled criminal defense attorney. Tully & Weiss can explain your rights and navigate options for reducing penalties. Contact us today to schedule a consultation. Once you meet with us, we can start reviewing the details of your case and developing your optimal legal strategy.