DUI as Defined by California Law
Alcohol Presumptions
Vehicle Code Section 23152-23229.1
- 0.08% BAC or higher for drivers 21 years old or older operating a regular passenger vehicle.
- 0.04% BAC or higher for anyone operating a commercial vehicle.
- 0.01% BAC or higher for drivers under 21 years old. For the layman, you shouldn't drink and drive regardless of how little you drink.
- Various medications can also be cause for a DUI arrest.
DUI Penalties
21 Years or Older
- A first offense will mean an immediate license suspension for 4 months.
- A second or subsequent offense within 10 years will mean a license suspension for 1 year.
Noncommercial Restricted License
For a first offense, you may be eligible to get a restricted license during the suspension for a DUI. You must do the following:
- Enroll in a licensed DUI First Offender program.
- Ask the program provider to file a Proof of Enrollment Certificate in a licensed DUI First Offender Program.
- File proof of financial responsibility. This is usually referred to as an SR-22.
- Pay a reissue fee of $125.
- Wait until the end of the mandatory 30-day suspension.
- Request a restricted driving privilige to commute from and to the course if required.
Frequently Asked Questions
What happens to your driver's license if you refuse to take a chemical test (breath or blood)?
A first offense will cause your license to be suspended for 1 year. A second offense will mean a revocation for 2 years and a third offense will be 3 years.