California · DUI

California DUI laws and penalties

California's legal BAC limit is 0.08%. For a first offense, California's statute provides jail of 96 hours to 6 months, a fine of $390 to $1,000, and a license suspension of 6 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.20%; Where the penalties step up
Zero tolerance (under 21): 0.01%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 10 days

Within 10 days of the date the suspension order is served, to have the hearing before the suspension takes effect; the California Highway Patrol's manual says a request is accepted up to 30 days after you receive the order. Count the days with the license-hearing window calculator.

Ignition interlock at the judge's discretion

Higher BAC level. At 0.20 or more the DUI program is 9 months instead of 3 and the license suspension is 10 months instead of 6.

Ignition interlock. The court may order an interlock for up to six months after a first alcohol DUI without injury (statewide pilot program).

A first conviction: 96 hours (at least 48 continuous) to 6 months in jail and a fine of $390 to $1,000 (base fines; penalty assessments add substantially); with probation the court may impose as little as 48 hours of jail (Veh. Code § 23538). A second conviction within 10 years: 90 days to 1 year; with probation, at least 10 days (§ 23542). The DMV also imposes a separate administrative suspension on arrest (4 months for a first offense at 0.08%; 1 year for a driver under 21 at 0.01%). The linked pages (a Senate committee analysis, a Highway Patrol manual, a court form) restate the statute's words.

01Penalties

California DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

California statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	96 hours	90 days
Jail (maximum)	6 months	1 year
Fine (minimum)	$390	$390
Fine (maximum)	$1,000	$1,000
License suspension	6 months	2 years

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How California compares

Of the 49 states with a confirmed BAC limit, 48 (California among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. California leaves it to the judge.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); California gives 10.

California and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Arizona	0.08%	30 days	Required	10 days to 6 months	$250 to $2,500	90 days
California (this page)	0.08%	10 days	At the judge's discretion	96 hours to 6 months	$390 to $1,000	6 months
Nevada	0.08%	No fixed deadline	Required	2 days to 6 months	$400 to $1,000	185 days
Oregon	0.08%	10 days	Required	48 hours to 364 days	$1,000 to $6,250	1 year

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in California

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 10 days of the date the suspension order is served, to have the hearing before the suspension takes effect; the California Highway Patrol's manual says a request is accepted up to 30 days after you receive the order.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, California's statute provides jail of 96 hours to 6 months, a fine of $390 to $1,000, and a license suspension of 6 months. See the penalties table above.

04Counties

Counties in California

One county has a page here, with the state's arrest counts where it publishes them.

County pageLos Angeles CountySample figures only

05Sources

Where California's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Cal. Veh. Code § 23152(a), (b) (chp.ca.gov)Main statute · BAC limit, age 21 and over · BAC limit under 21
Cal. Veh. Code § 23538(b)(2); § 13352.1(a) (marin.courts.ca.gov)Higher BAC level
Cal. Veh. Code § 23540(a) (spsf.senate.ca.gov)Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
Cal. Veh. Code §§ 13558(b), 14100(a), 14103 (chp.ca.gov)License hearing request
Cal. Veh. Code § 23575.3(h)(1)(A) (stran.senate.ca.gov)Ignition interlock, first offense

Show the exact words behind each figure

Main statute

Cal. Veh. Code § 23152

Cal. Veh. Code § 23152(a), (b)

Section 23152(a) CVC makes it unlawful to drive while under the influence of any alcoholic beverage (regardless of the BAC).

BAC limit, age 21 and over

0.08%

Cal. Veh. Code § 23152(b)

Section 23152(b) CVC makes it unlawful to drive with a BAC of 0.08 percent or greater.

Higher BAC level

0.20%

Cal. Veh. Code § 23538(b)(2); § 13352.1(a)

First Offense ... attendance at a 3-month alcohol/drug program (9- ... month program if blood-alcohol content was 0.20 ... percent or more or chemical test was refused) AND ... driver’s license suspension (10-month suspension if a ... 9-month program is ordered).

BAC limit under 21

0.01%

Cal. Veh. Code § 23136(a)

Section 23136 CVC makes it unlawful for a person under the age of 21 who has a BAC of 0.01 percent or greater, as measured by a PAS test or other chemical test, to drive a vehicle.

Lookback period

10 years

Cal. Veh. Code § 23540(a)

On a second DUI conviction within 10 years of a prior conviction, the person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than $390 nor more than $1,000.

License hearing request

10 days

Cal. Veh. Code §§ 13558(b), 14100(a), 14103

c. Request for a Hearing. The violator may request a hearing within 30 days of receipt of the APS Suspension/Revocation Order to show the suspension or revocation is not justified. In order to receive an APS hearing before the effective date of the action, the violator must request a hearing within ten days of the date of service.

Ignition interlock, first offense

At the judge's discretion

Cal. Veh. Code § 23575.3(h)(1)(A)

Ignition interlock (minimum term is if probation imposed) VC § 23575.3(h) DUI without injury, Vehicle Code § 23152 1st Misdemeanor Up to 6 months county jail 3 or 9 months Court discretion — VC §§ 23536, 23538 up to 6 months

First offense: jail, minimum

96 hours

Cal. Veh. Code § 23536(a)

Existing law punishes a first DUI conviction as a misdemeanor, punishable by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor ... more than six months, and by a fine of not less than $390, nor more than $1,000.

First offense: jail, maximum

6 months

Cal. Veh. Code § 23536(a)

Same passage as above.

First offense: fine, minimum

$390

Cal. Veh. Code § 23536(a)

Same passage as above.

First offense: fine, maximum

$1,000

Cal. Veh. Code § 23536(a)

Same passage as above.

First offense: license

6 months

Cal. Veh. Code § 13352(a)(1)

Existing law punishes a first DUI conviction as a misdemeanor ... The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles (DMV) for a period of six months and the privilege shall not be reinstated until the person gives proof of financial responsibility ... (Veh. Code, §§ 23536 and 13352, subd. (a)(1).)

Second offense: jail, minimum

90 days

Cal. Veh. Code § 23540(a)

On a second DUI conviction within 10 years of a prior conviction, the person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than $390 nor more than $1,000.

Second offense: jail, maximum

1 year

Cal. Veh. Code § 23540(a)

Same passage as above.

Second offense: fine, minimum

$390

Cal. Veh. Code § 23540(a)

Same passage as above.

Second offense: fine, maximum

$1,000

Cal. Veh. Code § 23540(a)

Same passage as above.

Second offense: license

2 years

Cal. Veh. Code § 13352(a)(3)

On a second DUI conviction within 10 years of a prior conviction ... The person’s privilege to operate a motor vehicle shall be suspended by DMV for two years and shall not be reinstated until the person gives proof of financial responsibility ... (Veh. Code, §§ 23540 and 13352, subd. (a)(3).)

06Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

California DUI laws at a glance