California DUI Laws and Information

DUI Law

California DWI & DUI Laws

According to the most recent California DUI statistics, there were nearly 1,500 alcohol-involved fatalities in 2007.

That may not seem like many, considering there were more than 200,000 DUI arrests, but once you realize that 1,500 people left behind their parents, siblings, children, spouses, friends, and other loved ones, the number becomes staggering.

Due to these high numbers, in 2011, California join many other states by allowing the Department of Motor Vehicles to immediately suspend the driver's license of anyone suspected of driving under the influence. This law, know as Admin Per Se, enables law enforcement to confiscate a suspected offenders driver's license. The license is then sent to the DMV, where it is held until the predetermined suspension time is over or the charge is found to have no merit at a hearing.

California DUI Defined


Per California's driving under the influence (DUI) laws, it's illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:



  • 0.08% or higher― 21 years old or older operating a regular passenger vehicle.

  • 0.04% or higher―operating a commercial vehicle.

  • 0.01% or higher―younger than 21 years old.


The state's DUI laws include medications, too. You can't legally drive if you've consumed illegal drugs or:



  • Excessive amounts of drugs with alcohol in them (such as cough syrup).

  • Prescription medication.

  • Over-the-counter medication.


DUI convictions stay on your driving record for 10 years.


Understand Your DUI Penalties


Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:



  • Admin Per Se license suspension.

  • Criminal license suspension

  • Fines.

  • Jail time or community service.

  • DUI school.

  • Installation of an ignition interlock device (IID).

  • SR-22 filing.


Admin Per Se Penalties


An Admin Per Se suspension occurs when the officer takes your license after you fail or refuse a chemical test. This action is taken by the CA Department of Motor Vehicles, under Admin Per Se laws and is in addition to any criminal charges given when refusing or failing a BAC test.


The officer will issue an Order of Suspension and possibly a temporary license. The officer's report, your license and any other information is then sent to the DMV. The DMV then will conduct a review. This review can set aside the suspension. You also have the right to request a hearing if you believe the suspension is unjustified.


You face harsher Admin Per Se license suspension penalties if you refuse to submit to a chemical test upon being pulled over for suspicion of drunk driving.


Younger than 21 years old



  • First Offense: Suspended for 1 year.

  • Second Offense: Revoked for 2 years.

  • Third Offense: Revoked for 3 years.


21 years old or Older



  • First Offense: Suspended for 1 year.

  • Second Offense: Revoked for 2 years.

  • Third Offense: Revoked for 3 years.

Related listings

  • First Time Offender Laws in Alabama

    First Time Offender Laws in Alabama

    DUI Law 08/23/2012

    If you are arrested for a first DUI in Alabama you will be subject to both administrative (license suspension) and criminal (jail, fines, etc.) penalties. The assessment of penalties is case-specific -- that is, various circumstances such as the amou...

  • DUI Laws in Alaska for First Offenders

    DUI Laws in Alaska for First Offenders

    DUI Law 08/23/2011

    Alaska Drunk Driving Fines & Penalties Driving under the influence (DUI) is a very serious charge. In Alaska, as with most U.S. states, you are considered legally drunk if your blood-alcohol content (BAC) is 0.08% or greater.DUI Charges If you ar...

  • Arkansas DUI information laws

    Arkansas DUI information laws

    DUI Law 08/23/2010

    Blood Alcohol Content A police officer may pull you over for DUI or DWI if you are not accelerating smoothly, stop abruptly, weave out of your lane, or drive dangerously. The most common test for alcohol is the blood alcohol concentration (BAC). In A...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.