Drunk and drugged driving laws in California

By the end of this topic you can

• You can state California's blood alcohol limits for adults, under-21s and commercial drivers.
• You can explain implied consent and what happens if you refuse a chemical test.
• You can describe the open container rules for alcohol and cannabis.
• You can list the main penalties for a DUI and for under-21 offenses.
• You can explain why medicines can also lead to a DUI.

What you need to know and understand

• It is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or more if you are 21 or older.
• The limit is 0.01 percent if you are under 21 or on DUI probation, and 0.04 percent for commercial and for-hire drivers.
• You can be arrested for DUI below these limits if your driving is impaired.
• By driving in California you consent to a breath, blood or urine test if arrested for DUI; refusing a blood or urine test brings a one-year suspension or revocation.
• After a DUI arrest the officer may take your license and give you a 30-day temporary license; you have 10 days to ask for a DMV hearing.
• A DUI conviction stays on your driving record for 10 years.
• Opened containers of alcohol or cannabis must be kept in the trunk or another area where passengers do not sit, not the glove box.

Limits by driver type

Drugs have no safe number. It is illegal to drive under the influence of any drug that affects your ability to drive, whether it is cannabis, an illegal drug, a prescription or an over-the-counter medicine. Even some cough syrups contain alcohol. Read the label and ask a pharmacist if you are unsure.

• 21 and older: 0.08 percent
• Under 21: 0.01 percent
• Anyone on DUI probation: 0.01 percent
• Commercial vehicle drivers: 0.04 percent
• Drivers carrying passengers for hire: 0.04 percent

What a DUI can cost you

The DMV must suspend your driving privilege after a DUI arrest under the Administrative Per Se law, separate from any court case. If you are convicted, penalties can include up to six months in jail, a fine, a DUI program, proof of insurance on an SR 22 or SR 1P form, an ignition interlock device, and impound of your vehicle. If someone is badly hurt or killed, you may also be sued.

Extra rules for drivers under 21

Under 21, you may not carry alcohol in a vehicle unless a person aged 21 or older is with you, and containers must be full, sealed and unopened, or in the trunk. Breaking this rule can mean impound of the vehicle for up to 30 days and a one-year license suspension, or a delay of up to a year in getting your license.

Officers can ask you to blow into a handheld preliminary alcohol screening device. A DUI conviction at 0.01 percent or more can bring a one-year revocation and a required DUI program. For young drivers aged 15 to 20, a conviction involving alcohol or a controlled substance also leads the court to order a one-year suspension, or a delay in getting a license. Our guide to California's provisional license rules explains how this fits with the first-year limits.

Common mistakes

• Believing you are fine to drive after one drink. Under 21, almost any alcohol can put you over 0.01 percent.
• Keeping an open bottle or cannabis product in the glove box. It must go in the trunk.
• Driving after taking a new medicine without reading the label.
• Thinking refusing a test avoids trouble. Refusal brings its own one-year suspension.

Test yourself: Drunk and drugged driving laws in California

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• California Phone Laws for Teen and New Drivers
• California Provisional License Restrictions for Under 18s
• California 50 Hours Driving Log