California · DUI · Checked October 2026

DUI Laws in California

What Happens if You Get a DUI in California?

California calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: 96 hours (at least 48 continuous) to 6 months in county jail
First offense fine: $390 to $1,000
First offense license: 6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility
Felony: A fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jail

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

California DUI Laws: Key Facts

Legal limit (adults): 0.08 BACCal. Veh. Code §§ 23152(b), 23152(d), 23136, 23140, 23578
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.01 BAC (0.01 percent or greater is unlawful for drivers under 21 (Veh. Code § 23136); 0.05 percent or more is a separate offense for drivers under 21 (Veh. Code § 23140). The 0.04 limit also applies to drivers carrying paying passengers.)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years
Insurance filing: SR-22 (California Insurance Proof Certificate, SR 22/SR 1P)
Sobriety checkpoints: Allowed

California DUI Penalties by Offense

DUI penalties in California for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Jail	96 hours (at least 48 continuous) to 6 months in county jail	90 days to 1 year in county jail (offense within 10 years of a separate violation)	120 days to 1 year in county jail (offense within 10 years of two separate violations)
Fine	$390 to $1,000	$390 to $1,000	$390 to $1,000
License suspension	6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility	2 years; restricted license available with an 18- or 30-month DUI program, ignition interlock (alcohol cases), and proof of financial responsibility	3-year revocation
Ignition interlock	The court may order an ignition interlock for up to 6 months from conviction (12 months mandatory if the offense caused injury under § 23153)	Mandatory 12 months (24 months if the offense caused injury under § 23153)	Mandatory 24 months (36 months if the offense caused injury under § 23153)

First offense: Cal. Veh. Code §§ 23536, 13352(a)(1), 23575.3 · Second offense: Cal. Veh. Code §§ 23540, 13352(a)(3), 23575.3 · Third offense: Cal. Veh. Code §§ 23546, 13352(a)(5), 23575.3

When Penalties Are Higher

BAC of 0.15 percent or more: The court must treat it as a special factor that may justify enhanced penalties and affects probation decisions and conditionsCal. Veh. Code § 23578
Refusing a breath or urine test: The court must treat the refusal as a special factor that may justify enhanced penaltiesCal. Veh. Code § 23578
Child passenger under 14: Added county jail time: 48 continuous hours (first offense), 10 days (second), 30 days (third); the minor's presence must be pled and proven, and the enhancement does not apply if the person is also charged with child endangerment (Pen. Code § 273a) for the same incidentCal. Veh. Code § 23572
Fourth DUI within 10 years: Imprisonment under Pen. Code § 1170(h) or 180 days to 1 year in county jail, a $390 to $1,000 fine, revocation, and habitual traffic offender designation for 3 yearsCal. Veh. Code § 23550

More on California DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

Suspension for 1 year on a first refusal; revocation for 2 years with one prior within 10 years; revocation for 3 years with two or more priors within 10 years. Refusal is also a special sentencing factor in the criminal case.Cal. Veh. Code §§ 13353, 23578

Official source: if you refuse a breath or blood test in California

Getting a Restricted Driver's License (Ignition Interlock or Work-Related)

After a conviction, DMV advises eligible drivers they may apply for a restricted license if they enroll in a licensed DUI program, install a certified ignition interlock and submit the Verification of Installation form, file proof of financial responsibility, and pay fees. Drug-only second and third offenders must first serve 12 months. Commercial drivers who committed the offense in a commercial vehicle are not eligible for restricted licenses under paragraphs (3) to (7). The court may prohibit a restricted license for public safety reasons.

Official source: getting a restricted driver's license (ignition interlock or work-related) in California

Ignition Interlock

First offense: Court may order up to 6 months for a first DUI under § 23152; mandatory 12 months for a first DUI causing injury under § 23153; an interlock is also a condition of the first-offense restricted license Repeat offenses: Mandatory 12 months (second), 24 months (third), 36 months (fourth or later) for § 23152; 24, 36 and 48 months for § 23153 Applies to offenses on or after January 1, 2019; section amended effective January 1, 2026

Official source: ignition interlock in California

Can a DUI Come Off Your Record?

California has no true expungement. After completing probation, a person may petition to withdraw the plea and have the case dismissed under Penal Code § 1203.4; the conviction can still be pleaded and proved as a prior in a later prosecution, and Vehicle Code § 13555 limits the effect on the driving record. Eligible once probation is completed or discharged early, provided the person is not serving a sentence, on probation, or charged with another offense

Official source: can a dui come off your record? in California

DUI Checkpoints

Sobriety checkpoints are allowed in California. Legal basis: Statute.Cal. Veh. Code § 2814.2 (drivers must stop and submit to a sobriety checkpoint inspection when signs and displays require the stop)

Official source: dui checkpoints in California

Drivers Under 21

Drivers under 21 may not drive with a BAC of 0.01 percent or greater (Veh. Code § 23136); driving with 0.05 percent or more is a separate offense (Veh. Code § 23140) 1-year DMV suspension at 0.01 or more; refusing the test under § 23136 brings a 1- to 3-year suspension or revocation

Official source: drivers under 21 in California

Driving After Using Drugs

Yes. Section 23152 also makes it unlawful to drive under the influence of any drug, under the combined influence of alcohol and any drug, or while addicted to a drug (with an exception for approved narcotic treatment programs).

Official source: driving after using drugs in California

More on DUI Law in California

For the state's own guidance, see California DMV: Driving Under the Influence.

This page summarizes California law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in California can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in California?

Jail: 96 hours (at least 48 continuous) to 6 months in county jail. Fine: $390 to $1,000. License suspension: 6 months on conviction; a restricted license is available with DUI program enrollment, an ignition interlock, and proof of financial responsibility.

How Long Do You Have to Request a License Hearing in California?

10 days. How it is counted: the date you receive the notice of the order of suspension or revocation. Contact a DMV Driver Safety office or use the DMV Driver Safety online case management portal. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in California?

A fourth DUI within 10 years may be punished by imprisonment under Penal Code § 1170(h) instead of county jail; any DUI within 10 years of a prior felony DUI, or after a prior vehicular manslaughter conviction under Pen. Code § 191.5(a), is punishable by state prison or up to 1 year in county jail

Do You Need an SR-22 (California Insurance Proof Certificate, SR 22/SR 1P) After a DUI in California?

Yes. An SR-22 (California Insurance Proof Certificate, SR 22/SR 1P) is a form your insurer files with the state to prove you carry the required coverage.

Are DUI Checkpoints Legal in California?

Yes. Legal basis: Statute.