DUI Laws in California

Driving under the influence of drugs or alcohol is a big deal in California—more than 200,000 California drivers are arrested for DUI each year. Why so many? According to the California Department of Alcohol & Drug Programs, there were 24,343 traffic-related injuries involving alcohol, and 1,768 people died in alcohol-related traffic crashes—in 2010 alone.

So it should come as no surprise that California DWI laws are some of the strictest – and most heavily enforced – in the country.

Getting Pulled Over for DUI

If a police officer suspects you of violating California DWI laws, they can pull you over. If the officer has reasonable suspicion that you’re over the limit, you may be asked to perform a roadside test to determine sobriety, or take a chemical test – California is among the states that require a driver to submit to this test. If you fail to pass the breathalyzer, urine, or blood tests, you will face California DWI penalties.

What are the Blood Alcohol Limits?

Before we get into a discussion about California DUI penalties, it’s important to understand exactly what constitutes being “under the influence.” Just as the thresholds will be different for different people, the rules are also different for different people.

According to the California Department of Motor Vehicles, it’s illegal for any person to operate a vehicle in the following circumstances:

• If they are 21 years or older: blood alcohol concentration (BAC) of 0.08% or higher
• If the person is under age 21: BAC of 0.01% or higher
• If the person is on probation for DUI or DWI: BAC of 0.01% or higher (any age)
• If the person is in a vehicle that requires a commercial driver license (CDL): BAC of 0.04% or higher (with or without a CDL issued to the driver)

But what does that mean, exactly? How do you know the difference between a 0.07% and a 0.08%? There are tables that can provide a very rough estimate based on gender and weight, but other factors come into play. Generally speaking, 2 drinks will put most people over the legal limit, and any more on top of that will obviously add to a person’s BAC. The only thing that will reduce BAC is time: the alcohol content of your blood is reduced at 0.01% per 40 minutes.

So if you drank 3 drinks in an hour, and your blood alcohol content is 0.11%, you will have to wait at least 2 hours and 40 minutes before driving. Doing this will ensure you don’t wind up with any California DUI penalties.

Keep in mind that drugs—illegal ones, as well as prescription medications or over-the-counter drugs—can affect your judgment and impair your ability to drive. And California DUI laws apply to both—in fact, that’s why the phrases “California DWI Laws” and California DUI Laws” are used interchangeably: “Driving While Intoxicated” is treated the same as “Driving Under the Influence.”

What Are the Penalties for DUI in California?

Even if it’s your first offense, California DUI laws are some of the strictest in the United States. According to the point system, the California DWI penalties call for 2 points on your record. But if you get a DWI, the points are the least of your problems:

FIRST OFFENSE

If your sentence includes 3-5 years of probation:

• You must attend some sort of drug or alcohol treatment program
• Pay a fine: $390 – $1,000 (court’s discretion)
• Either A or B
  • A: Jail for 48 hours minimum/6 months maximum, plus license suspension up to 6 months
  • B: 90 days restricted license

If your sentence does not include probation:

• Jail for 96 hours minimum/6 months maximum
• Pay a fine: $390 – $1,000 (court’s discretion)
• 6-month license suspension

Occasionally, you may have a court-ordered ignition interlock device installed in your car for a period of time. Once installed, it requires the driver to breathe into a tube before allowing the car to start. If the device detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide clean breath samples to ensure your sobriety.

Think that’s bad? If you get a caught a second time within 10 years, the California DWI laws are even stricter:

SECOND OFFENSE

If your sentence includes 3-5 years of probation:

• Pay a fine: $390 – $1,000 (court’s discretion)
• Either A or B
  • Jail for 10 days – 1 year, plus 18-month license suspension
  • Jail for 96 hours – 1 year, plus 18-30 month alcohol/drug program with license suspension/restriction

If your sentence does not include probation:

• Jail for 90 days minimum/1 year maximum
• Pay a fine: $390 – $1,000 (court’s discretion)
• 18-month license suspension

As you may have guessed, it gets even worse from here:

THIRD OFFENSE

If your sentence includes 3-5 years of probation:

• Pay a fine: $390 – $1,000 (court’s discretion)
• Jail for 120 days – 1 year
• License revocation 3 years
• 18-30 months in an alcohol or drug program

If your sentence does not include probation:

• Jail for 120 days minimum/1 year maximum
• Pay a fine: $390 – $1,000 (court’s discretion)
• 3-year license revocation

And if that wasn’t bad enough, your fourth DUI in 10 years constitutes a felony:

FOURTH OFFENSE

If your sentence includes 3-5 years of probation:

• Pay a fine: $390 – $1,000 (court’s discretion)
• Jail for 180 days – 1 year
• License revocation 4 years
• 18-month alcohol or drug program (if not done previously)

If your sentence does not include probation:

• Jail for 6 months minimum/3 years maximum
• Pay a fine: $390 – $1,000 (court’s discretion)
• 4-year license revocation

Clearly, the only way to prevent a DUI arrest—and avoid the strict California DUI penalties—is to abstain from driving if you’ve been drinking at all. But, as 200,000 Californian drivers per year have shown us, that isn’t what happens. Sometimes, people need to be reminded about good driving practices—that’s why California traffic school exists. Now that you’re armed with all the information you need about limits and penalties, you’ll be able to make the right decision—if and when the time comes.