California DUI Laws 2026: Complete Guide

California has some of the strictest DUI laws in the nation. If you're arrested for driving under the influence, you face both criminal charges AND administrative license suspension through the DMV. Understanding your rights and the penalties you face is critical to protecting your future.

Legal BAC Limits in California

California sets different Blood Alcohol Concentration (BAC) limits for different types of drivers:

DUI Penalties in California

First Offense DUI (Misdemeanor)

• Jail Time: Up to 6 months (typically 48 hours minimum)
• Fines: $390-$1,000 base fine (total costs with penalties: $1,800-$4,000+)
• License Suspension: 6 months (may qualify for restricted license after 30 days)
• DUI School: 3-9 months (cost: $500-$800)
• Probation: 3-5 years informal probation
• IID (Ignition Interlock Device): Required in some counties, optional statewide for restricted license

Second Offense DUI (Within 10 Years)

• Jail Time: 96 hours to 1 year
• Fines: $390-$1,000 base (total costs: $4,000-$6,000+)
• License Suspension: 2 years (IID required for restricted license after 90 days)
• DUI School: 18-30 months
• Probation: 3-5 years

Third Offense DUI (Within 10 Years)

• Jail Time: 120 days to 1 year
• Fines: $390-$1,000 base (total costs: $5,000-$8,000+)
• License Suspension: 3 years (IID required for restricted license after 6 months)
• DUI School: 30 months
• Designated as Habitual Traffic Offender (HTO)

Fourth+ Offense DUI or DUI Causing Injury

Can be charged as felony DUI:

• Prison: 16 months to 3 years (state prison)
• Fines: Up to $5,000 (plus additional penalties)
• License Revocation: 4 years (potentially permanent)
• Felony Probation: 3-5 years
• Habitual Traffic Offender Status

Enhanced Penalties

Additional penalties apply if:

• BAC 0.15% or higher: Longer DUI school, potential increased jail time
• Refusal to take chemical test: Automatic 1-year license suspension (2 years for second refusal)
• Child under 14 in vehicle: Additional 48 hours jail, enhanced fines (VC § 23572)
• Excessive speed or reckless driving: Additional 60 days jail
• Accident with injury: Felony charges possible even for first offense

DMV License Suspension (Administrative Per Se)

The DMV process is separate from criminal court proceedings:

Timeline

1. Day of Arrest: Officer confiscates license, issues 30-day temporary license
2. Within 10 Days: You MUST request DMV hearing or license automatically suspended on day 30
3. DMV Hearing: Scheduled 30-60 days after request
4. Outcome: DMV can suspend license regardless of criminal case result

Suspension Lengths (DMV Administrative)

• First Offense: 4 months (30 days hard suspension, then restricted license possible with IID)
• Second Offense: 1 year (90 days hard suspension)
• Third+ Offense: Multiple years
• Refusal to Test: 1 year first offense, 2-3 years for subsequent

Ignition Interlock Device (IID) Program

California now allows (and sometimes requires) installation of an IID:

What is an IID?

• Device wired to vehicle ignition
• Requires breath test before starting car
• Random "rolling retests" while driving
• Records all tests and violations

IID Requirements

• Mandatory Counties: Alameda, Los Angeles, Sacramento, Tulare (pilot program)
• Optional Statewide: Can install to get restricted license sooner
• Cost: $70-$150 installation + $60-$80/month rental + calibration fees

Benefits of IID

• Drive to work/school during suspension
• Shorter hard suspension periods
• May reduce overall suspension time

DUI Education Programs

All DUI convictions require completion of a DMV-licensed DUI program:

Program Lengths

• First Offense (BAC under 0.15%): AB541 3-month program (30 hours)
• First Offense (BAC 0.15%-0.19%): AB762 6-month program (45 hours)
• First Offense (BAC 0.20%+): AB1353 9-month program (60 hours)
• Second Offense: SB38 18-month program (52 hours)
• Third+ Offense: SB38 30-month program (78 hours)

Program Requirements

• Group counseling sessions
• Individual interviews
• Drug/alcohol testing
• Educational materials

Cost: Varies by program and county, typically $500-$1,800 total

Your Rights During DUI Stop

During the Traffic Stop

• You must: Provide license, registration, and insurance
• You have the right to: Remain silent (beyond basic identification)
• You do NOT have to: Perform field sobriety tests (FSTs) - these are VOLUNTARY
• You do NOT have to: Take preliminary alcohol screening (PAS) breathalyzer (if 21+, not on probation)

After Arrest

• You MUST: Submit to chemical test (breath or blood) - refusal carries harsh penalties
• You can choose: Breath test OR blood test (your choice if both available)
• You have right to: Contact attorney before taking test (but cannot delay unreasonably)

At DUI Checkpoint

• Checkpoints are legal if properly conducted
• You must stop when directed
• You must answer basic questions (name, license)
• You do NOT have to answer "have you been drinking?"
• You can refuse field sobriety tests

Common DUI Defenses

Procedural Defenses

• No Probable Cause: Officer lacked legal reason to stop you
• Improper Checkpoint: DUI checkpoint not conducted according to legal requirements
• Title 17 Violations: Chemical tests not conducted according to California regulations
• Miranda Violations: Statements obtained without proper warnings

Technical Defenses

• Rising BAC: BAC was below limit while driving, rose by time of test
• Mouth Alcohol: Recent use of mouthwash, GERD, dental work
• Calibration Issues: Breathalyzer not properly maintained or calibrated
• Blood Test Contamination: Improper storage, fermentation, or handling
• Medical Conditions: Diabetes, hypoglycemia affecting test results

Factual Defenses

• Not Driving: You were not actually driving or in control of vehicle
• Necessity: Emergency required you to drive
• Involuntary Intoxication: Drugged without knowledge

DUI Expungement

Under Penal Code § 1203.4, you may be able to expunge (dismiss) a DUI conviction if:

• You completed probation successfully
• You completed all court requirements (fines, DUI school, etc.)
• You are not currently charged with another offense
• You did not serve state prison time for the offense

Benefits of Expungement

• Conviction changed to dismissal on record
• Can legally state you were not convicted (in most situations)
• Helps with employment background checks

Limitations

• DMV record remains (10 years for DUI priors)
• Still counts as prior if arrested for another DUI
• Must be disclosed for certain professional licenses
• Immigration consequences may remain

Total DUI Costs

Beyond fines, a DUI conviction in California can cost:

Frequently Asked Questions

Can I refuse a breathalyzer test in California?

You can refuse the preliminary breathalyzer (PAS) at the roadside if you're 21+ and not on DUI probation. However, once arrested, you MUST submit to a chemical test (breath or blood). Refusal after arrest results in automatic 1-year license suspension and can be used against you in court.

Will I go to jail for a first-time DUI?

Jail is possible but not guaranteed for first offense. Many counties offer alternatives like community service, work release, or electronic monitoring. However, judges can order up to 6 months jail, and 48 hours minimum is common. An attorney may be able to negotiate alternatives.

How long does a DUI stay on my record in California?

A DUI conviction stays on your criminal record permanently unless expunged. For DMV purposes, it remains for 10 years (this is the "lookback period" for counting prior DUIs). For insurance purposes, expect increased rates for 3-5 years.

Can I get a DUI for marijuana in California?

Yes. Even though marijuana is legal in California, driving under the influence of marijuana is still illegal under VC § 23152(f). Unlike alcohol, there's no specific THC level that defines impairment - it's based on officer observations and Drug Recognition Expert (DRE) evaluation.

What happens if I get a DUI with a child in the car?

Under VC § 23572, having a child under 14 in the vehicle adds mandatory penalties: additional 48 hours jail, enhanced fines ($390-$1,000), and potential child endangerment charges (Penal Code § 273a) which is a separate criminal offense.