Table of Contents
Quick Summary
California DUI laws define DUI as driving with a BAC above 0.08% for general drivers, 0.04% for commercial drivers, and 0.01% for underage drivers or while under the influence of alcohol or drugs so that you can not operate a vehicle as cautiously as a sober person, regardless of your BAC. Penalties for DUI include fines, jail time, license suspension, and mandatory DUI education programs. Aggravating factors like having high BAC or having minors in the vehicle can increase penalties. Defenses against DUI charges involve challenging the legality of the stop, the accuracy of BAC tests, or procedural errors. Reinstating a license after a DUI requires completing the suspension period, paying fines, completing DUI programs, and maintaining SR-22 insurance for three years.
Driving under the influence (DUI) is a serious offense with significant consequences. In California, even a first-time DUI offense can lead to fines, jail time, and license suspension. Knowing the legal definitions, penalties, and defense strategies and working with a DUI lawyer can help you protect your rights and make informed decisions.
What Constitutes a DUI in California?
California enforces strict DUI laws to deter impaired driving and protect public safety. These regulations are defined under the California Vehicle Code, which sets specific blood alcohol concentration (BAC) limits for different driver categories.
A DUI in California is defined as operating a vehicle while impaired by alcohol or drugs or with a BAC above the legal limit.
Currently, the BAC limits are set at:
- General drivers: 0.08% or higher
- Commercial drivers: 0.04% or higher
- Underage drivers: 0.01% or higher
Drivers can be charged with DUI even if their BAC is below these thresholds if deemed impaired by the arresting officer.
How is a DUI Determined?
A DUI determination can rely on BAC tests and other impairment indicators. Law enforcement officers use methods such as:
- Breath tests: Preliminary alcohol screening (PAS) and post-arrest tests
- Blood tests: Measure BAC or drug presence
- Field sobriety tests (FSTs): Evaluate physical and cognitive impairment
California’s implied consent laws mandate that drivers arrested for a DUI must submit to a test to determine their blood alcohol content. Refusal can result in lengthy license suspension and other legal consequences.
Penalties for DUI in California
California imposes severe penalties even for misdemeanor DUI offenses, with increasing severity for repeat offenders. The penalties increase with each subsequent offense to reflect the severity of repeat offenses and deter future violations.
Misdemeanor DUI Penalties
For first-time and repeat DUI offenses, penalties include:
- First Offense:
- Fines could be $390 – $1,000 plus penalty assessments combining for over $2,000
- Maximum Jail time of up to 6-months
- License suspension of 6-months
- Mandatory DUI education program attendance
- Second Offense:
- Higher fines and penalties
- Jail time may be anywhere from 96 hours to one year
- License suspension could be up to two years
- Longer DUI education programs
- Third Offense:
- Further increased fines
- Jail time is at least 120 days
- License suspension could be up to three years
- “Habitual traffic offender” designation
Felony DUI Penalties
DUI offenses can become felonies under certain circumstances, such as causing injury or death or having multiple prior convictions. Felony DUI penalties include:
- Fines could be up to $5,000
- Prison sentences
- Long-term license suspension or revocation
Additional Penalties and Conditions
Beyond fines and jail time, DUI convictions may result in:
- Probation: Regular check-ins with a probation officer and alcohol consumption restrictions
- DUI school: Attendance at educational programs to prevent future offenses
- Ignition Interlock Devices (IIDs): Requires passing a breathalyzer test before starting the vehicle
These additional conditions, like probation, DUI school, and ignition interlock devices, are designed to reinforce the seriousness of DUI offenses and encourage rehabilitation.
Aggravating and Mitigating Factors
It’s not just the DUI charge itself that affects your sentencing—the specific circumstances of the incident can greatly influence the penalties. Certain factors can lead to increased sentences, while others can reduce them.
- Aggravating Circumstances
- Having a high BAC level (typically above 0.15%) can result in more severe penalties
- Refusal to submit to BAC testing can lead to harsher penalties due to implied consent laws
- Having minors in the vehicle at the time of the offense can significantly increase sentencing severity
- Mitigating Circumstances
- Being a first-time offender often results in more lenient sentencing such as reduced fines or probation instead of jail time
- Low BAC level
- No prior criminal record
The court considers these factors to tailor the penalties more appropriately to the individual’s situation.
Criminal Case vs. DMV Case
When charged with a DUI in California, you face both criminal proceedings and a separate administrative process with the Department of Motor Vehicles (DMV).
Criminal Case | DMV Case | |
Standard of Proof | Beyond a Reasonable Doubt | Preponderance of The Evidence (more likely than not) |
Potential Penalties | Fines, incarceration, probation, and other penalties | License suspension or revocation |
Outcome Based On | State must prove all elements of the crime charged. | Hearing officer must find a lawful arrest, evidence of driving, and a BAC of .08 or over |
Losing your license through the DMV is possible even without a criminal conviction. While the criminal case can result in penalties such as fines and jail time, the DMV case is an administrative hearing that deals only with your driving privileges. Winning one case does not guarantee a favorable outcome in the other, so it is essential to prepare for both.
DUI Defense Strategies
Skilled legal representation is crucial in DUI cases. An experienced DUI attorney can navigate the legal system, identify weaknesses in the prosecution’s case, and negotiate favorable plea deals, protecting your rights and working towards the best possible outcome. If no favorable plea is possible, an attorney can take your case to trial. With severe penalties and long-term consequences at stake, having a dedicated legal professional is essential.
Effective defense strategies can significantly impact the outcome of your DUI case, potentially reducing charges or leading to dismissal. Here are the top three common defenses:
- Questioning the legality of the stop: If the officer did not have reasonable suspicion or probable cause to make the stop, any evidence gathered might be inadmissible in court.
- Challenging the arrest: Focus on whether proper procedures were followed and whether your rights were violated during the process.
- Questioning BAC test results: Factors such as improper calibration of testing equipment, mishandling of samples, or medical conditions affecting BAC readings can be used to question the validity of the test results.
Plea Bargaining Options
Plea bargaining can be a viable option to reduce charges and penalties. It involves negotiating an agreement between the defendant and the prosecution, where the defendant agrees to plead guilty to a lesser charge or in exchange for a more lenient sentence or the dismissal of other charges. Common plea deals include “wet reckless,” which involves lower fines, shorter probation periods, no mandatory DUI education programs, and other reduced charges, such as “dry reckless.” Plea bargains often provide a more predictable outcome and result in less severe penalties than those associated with a DUI conviction.
Handling DUIs: Commercial, Underage, and Special Cases
Certain DUI cases involve special regulations and penalties, particularly for commercial drivers, underage drivers, and those operating non-traditional vehicles.
DUI Laws for Commercial Drivers
- Stricter regulations due to the responsibility of operating larger vehicles or transporting passengers.
- Legally impaired with a BAC of 0.04% or higher (California Vehicle Code 23152(d)).
- BAC limit is lower for drivers with passengers for hire (California Vehicle Code 23152(e)).
- Penalties include longer license suspensions, higher fines, and potential permanent loss of commercial driving privileges.
Underage DUI Laws
- “Zero tolerance” policy for drivers under 21 with a BAC of 0.01% or higher (California Vehicle Code 23136).
DUI on Bikes, Scooters, and Boats
- Illegal to operate a pedal bike under the influence (California Vehicle Code 21200.5).
- Illegal to operate a motorized scooter while impaired (California Vehicle Code 21221.5).
- DUI laws for boats include similar penalties to those for automobiles, per California Harbors and Navigation Code.
Start Building Your DUI Defense
Facing a DUI charge can be overwhelming, but it’s possible to move forward with the right support and guidance. Skilled legal representation can help you navigate the complexities of your case, ensuring your rights are protected and working towards the best possible outcome.
With the right legal support, you can mitigate the severe and long-lasting consequences of a DUI conviction. A dedicated DUI attorney can help you regain control of your life, protect your future, and provide the necessary tools to prevent repeat offenses. Contact Rubin Law Office today by filling out an online contact form, calling (619) 719-1087, or pressing the live chat on this page to schedule a free legal consultation and discuss your case with a DUI lawyer. Scheduling a consultation is the first step towards a fresh start.

Attorney David Rubin
Attorney David Rubin is a criminal defense and personal injury lawyer based out of Carlsbad, CA. Attorney Rubin serves clients throughout San Diego County and has been practicing law for over a decade. When not working, David can be found surfing, attending CrossFit classes, or eating asado.