California DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in California, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
California DUI At a Glance
First Offense DUI in California
Up to 6 months jail, $390–$1,000 fine, 6-month suspension
DUI school required; ignition interlock device may be required
Second Offense DUI in California
96 hours–1 year jail, $390–$1,000 fine, 2-year revocation
When Does a DUI Become a Felony in California?
In California, a DUI typically becomes a felony charge at the 4th offense or injury. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
California DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in California
California, like all U.S. states, has an implied consent law. By driving on California roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in California
Different states use different terminology. California uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in California
If you are facing a DUI charge in California, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension