Driving after enjoying a glass of wine can seem harmless—but it can easily lead to a DUI if you’re not careful. California law is strict when it comes to drinking and driving, and even small amounts of alcohol can put you at risk, especially depending on your age, license type, and other personal factors.
Understanding the limits—and how alcohol affects your body—is essential if you want to stay safe and legal on the road.
Legal Blood Alcohol Limits in California
In California, the legal blood alcohol concentration (BAC) depends on your age and driver category.
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If you’re 21 or older and driving a non-commercial vehicle, the legal BAC limit is 0.08%.
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For commercial drivers and rideshare drivers, the limit is 0.04%.
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Drivers under 21 are subject to a zero-tolerance policy, meaning anything above 0.01% can result in penalties.
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If you’re on DUI probation, the allowable BAC is also 0.01%.
It’s important to note that these are “per se” limits. If you are tested and your BAC is above the legal threshold, you can be arrested—even if you feel perfectly fine. Additionally, if your driving is impaired, you can still be charged with a DUI even if your BAC is below the legal limit.
What Counts as a Standard Glass of Wine?
In the U.S., one “standard drink” is defined as 5 ounces of wine with an alcohol content of about 12%. However, many wines have higher alcohol content, and glasses often hold much more than 5 ounces—especially at restaurants or wine tastings.
If you’re drinking a wine with 14–15% alcohol by volume (ABV), your BAC can rise more quickly than expected. Knowing your wine’s strength and measuring your pours accurately is key to avoiding unintended intoxication.
How Wine Affects Your BAC
Your BAC can be affected by a wide variety of factors, including:
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Body weight – The less you weigh, the faster alcohol affects you.
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Sex – Women generally reach higher BAC levels faster than men due to body composition.
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Food intake – Drinking on an empty stomach can result in higher BAC readings.
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Drinking pace – Rapid consumption increases BAC more than slowly sipping over time.
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Wine strength – Higher alcohol content in wine = higher BAC.
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Time – The body metabolizes alcohol at a rate of about 0.015% per hour.
Because of these factors, there is no one-size-fits-all answer to how much wine you can safely drink before driving. Two glasses may be perfectly fine for one person but too much for another.
Approximate Wine Consumption and DUI Risk
While individual results vary, some general examples can help illustrate how wine can affect your BAC:
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A 150-pound adult may be near 0.05% BAC after two 5-ounce glasses of wine in an hour.
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Three glasses in that same time frame could push them close to or over 0.08%.
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A smaller person, or someone drinking wine with a higher ABV, may exceed the legal limit with only two glasses.
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Someone under 21 can face DUI penalties with even a small glass of wine due to the zero-tolerance policy.
Even if your BAC is below the legal limit, you can still be arrested if your driving appears impaired. Signs like weaving, slow response times, or failing a field sobriety test can lead to a DUI, regardless of what your breathalyzer says.
What Happens If You Get a DUI in California
DUI penalties can be steep—even for a first offense. They may include:
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Fines and court costs
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Mandatory DUI education classes
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Driver’s license suspension
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Increased insurance premiums
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Possible jail time
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Installation of an ignition interlock device
These consequences become more severe with each subsequent offense or if someone is injured as a result of impaired driving. A DUI also stays on your record for years, affecting everything from employment opportunities to insurance rates.
How to Drink Wine Responsibly and Avoid DUI Charges
Here are some helpful tips to reduce your risk of getting a DUI:
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Count your drinks and be aware of wine strength.
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Sip slowly and alternate with water.
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Eat a full meal before drinking.
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Wait at least one hour per drink before considering driving.
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Use a personal breathalyzer if you want an estimate—but remember, they’re not always 100% accurate.
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When in doubt, call a rideshare, taxi, or stay where you are until it’s safe to drive.
Most importantly, never assume you’re “okay to drive” just because you feel fine. Alcohol impairs judgment—so you may not recognize your level of impairment.
Need Legal Help After a DUI Arrest?
If you or someone you know has been arrested for DUI in California, don’t face the legal system alone. DUI charges can be complex and carry serious consequences, but you have rights—and you deserve a strong defense.
At Southwest Legal, our experienced DUI attorneys know the ins and outs of California’s laws and how to fight for the best possible outcome in your case. Whether this is your first arrest or you’re dealing with a repeat offense, we’re here to guide you every step of the way. Call us today for a confidential consultation and get the support you need to protect your future.
