Impaired driving in California is a serious criminal offense that poses risks to public safety and carries severe legal consequences. Whether caused by alcohol, drugs (prescription or illegal), or a combination of substances, driving under the influence (DUI) can lead to hefty fines, license suspension, and even jail time.
This comprehensive guide covers everything you need to know about impaired driving in California, including DUI laws, penalties, legal definitions, court procedures, common defenses, and frequently asked questions.
What is Impaired Driving?
Impaired driving refers to operating a motor vehicle while your ability to do so safely is compromised by alcohol, drugs, or other substances. In California, this is legally referred to as Driving Under the Influence (DUI).
There are several types of DUI charges in California:
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DUI – Alcohol: BAC (Blood Alcohol Content) of 0.08% or higher.
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DUI – Drugs (DUID): Driving under the influence of legal or illegal drugs.
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Combined Influence: Impairment due to both alcohol and drugs.
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Zero Tolerance (Under 21): BAC of 0.01% or higher for drivers under 21.
California DUI Laws
1. Vehicle Code §23152(a) VC
Prohibits driving under the influence of alcohol, regardless of BAC level. Even if your BAC is below 0.08%, you can be charged if impairment is observed.
2. Vehicle Code §23152(b) VC
Makes it illegal to drive with a BAC of 0.08% or higher.
3. Vehicle Code §23152(f) VC
Outlaws driving under the influence of any drug, including prescription medications that impair driving.
4. Vehicle Code §23153 VC
Applies when impaired driving results in injury or death to another person—this is typically charged as a felony.
Penalties for DUI in California
First Offense DUI
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Fine: $390–$1,000 (plus penalty assessments)
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License suspension: 6–10 months
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DUI school: 3–9 months
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Jail: Up to 6 months (often replaced with probation)
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Ignition Interlock Device (IID): Typically required for 6 months
Second Offense DUI (within 10 years)
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Fine: $390–$1,000
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License suspension: 2 years
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DUI school: 18–30 months
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Jail: 96 hours to 1 year
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IID: Required for at least 1 year
Third Offense DUI
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Fine: Up to $1,800
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License revocation: 3 years
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DUI school: 30 months
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Jail: 120 days to 1 year
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IID: Required
Felony DUI
Felony charges apply in cases involving:
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Injury or death
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Fourth DUI offense within 10 years
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Prior felony DUI
Penalties include:
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16 months to 3 years in state prison
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Large fines and restitution
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Lengthy license suspension or revocation
DUI and Drug Impairment (DUID)
Many assume DUI only applies to alcohol. However, California law also penalizes drug-impaired driving, which includes:
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Marijuana
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Prescription drugs (e.g., opioids, benzodiazepines)
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Over-the-counter medications (that cause drowsiness)
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Illegal substances like methamphetamine or cocaine
Unlike alcohol-related DUI, there is no legal limit (like a BAC level) for drugs. Officers rely on observations, roadside sobriety tests, and Drug Recognition Experts (DREs).
Implied Consent Law
By driving in California, you automatically give implied consent to take a chemical test (breath or blood) if lawfully arrested for DUI. Refusing a test can result in:
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License suspension (1 year or more)
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Enhanced penalties in court
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Refusal can be used as evidence of guilt
DUI Arrest Process in California
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Traffic Stop or Checkpoint
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Field Sobriety Tests
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Preliminary Alcohol Screening (PAS)
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Arrest and Chemical Testing
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Booking and Release
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DMV Hearing (within 10 days)
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Court Appearance
Common DUI Defenses
If you’re charged with impaired driving, you have legal rights and may be able to fight the charge. Common DUI defenses include:
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Inaccurate BAC results (faulty equipment or improper calibration)
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Unlawful traffic stop (lack of probable cause)
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Medical conditions mimicking intoxication (e.g., diabetes)
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Improper police procedure
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Lack of impairment (no evidence of driving under the influence)
Always consult with a qualified DUI attorney to explore your options.
DUI and Commercial Drivers
Commercial drivers in California are held to a stricter standard:
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Legal BAC limit is 0.04%
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Conviction results in license suspension for 1 year
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A second offense may result in lifetime disqualification
Underage DUI (Zero Tolerance)
Drivers under 21 face additional penalties for even a trace of alcohol:
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BAC of 0.01% or higher is illegal
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License suspension: 1 year
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Possible criminal charges for BAC over 0.05%
How to Avoid Impaired Driving
1. Plan Ahead
Use a designated driver, rideshare (Uber/Lyft), or taxi if you plan to drink or use impairing substances.
2. Know Your Medications
Check labels for drowsiness or warnings against operating machinery.
3. Stay Informed
Understanding California DUI laws can help you make smarter decisions.
4. Use Public Transportation
Especially during holidays or events where alcohol is prevalent.
Frequently Asked Questions (FAQs)
Is DUI a felony in California?
Most DUI cases are misdemeanors. It becomes a felony if someone is injured, killed, or if it’s your fourth offense.
Can I refuse a breathalyzer test?
You can refuse the preliminary breath test, but once arrested, refusing the chemical test carries automatic penalties.
What happens after a DUI arrest?
You face both DMV administrative action and a criminal court process. You must request a DMV hearing within 10 days to challenge license suspension.
How long does a DUI stay on my record?
A DUI stays on your driving record for 10 years. It can affect insurance rates and future penalties.
Do I need a lawyer for a DUI charge?
While not mandatory, hiring a DUI defense attorney is highly recommended to protect your rights and possibly reduce penalties.
Conclusion
Impaired driving in California is a major offense with far-reaching consequences. Understanding the legal process, your rights, and how to avoid impairment can make all the difference. Whether you’re a driver, a concerned parent, or someone facing a DUI charge, staying informed is the first step toward safety and compliance with California law. If you or someone you know is dealing with a DUI charge, consult with an experienced California DUI attorney immediately.
Need Help? Contact Southwest Legal Today
If you’ve been arrested or charged with impaired driving in California, don’t face it alone. A DUI conviction can have life-altering consequences — but you still have rights, and you may have options.
At Southwest Legal, our experienced DUI defense attorneys are dedicated to protecting your future. We offer:
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Free initial consultations
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Aggressive, personalized defense strategies
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Decades of experience in California DUI law
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24/7 availability for urgent legal matters
Take the first step toward protecting your license, your freedom, and your reputation.
