The Department of Motor Vehicles (DMV) is required to suspend or revoke the driving privilege of any person arrested for driving under the influence (DUI) of alcohol or a combination of alcohol and drugs, who:
- Takes a chemical (blood or breath) test which shows a blood alcohol concentration (BAC) level of 0.01% while on DUI probation, 0.04% while driving a commercial vehicle, and/or a 0.08% or more while driving a noncommercial vehicle
- Refuses to take or fails to complete a chemical test (blood or breath)* to determine his/ her BAC level
*NOTE: A urine test is not available unless one of the following applies:
- Both the blood and breath tests are unavailable.
- You are a hemophiliac.
- You are taking anticoagulant medication.
Alcohol and/or drugs impair your judgment. Impaired judgment or good sense affects how you react to sounds and what you see. It is also dangerous to walk in traffic or ride a bicycle while under the influence of alcohol or drugs. Much of what has been said about alcohol also applies to drugs.
California’s drunk driving law is also a drugged driving law. It refers to “DUI of alcohol and/or drugs.” If an officer suspects that you are under the influence of drugs, the officer can legally require you to take a blood or urine test. Drivers who refuse these tests are subject to longer DL suspensions and revocations.
Carrying Alcohol in a Vehicle in California*
The law is very strict about carrying alcohol in a vehicle, whether the vehicle is on or off the highway. You must not drink any amount of alcohol in any vehicle.
A container of liquor, beer, or wine carried inside the vehicle must be full, sealed, and unopened. Otherwise, it must be kept in the trunk of the vehicle or in a place where passengers do not sit. Keeping an opened alcoholic drink in the glove compartment is specifically against the law.
In a bus, taxi, camper, or motor home, this law does not apply to non-driving passengers.
California Drivers Under 21 (Possession of Alcohol)
If you are under 21 years old:
- You may not carry liquor, beer, or wine inside a vehicle unless you are accompanied by a parent or other person as specified by law and the container is full, sealed, and unopened.
- If you are caught with an alcoholic beverage in your vehicle, the vehicle may be impounded for up to 30 days. The court may fine you up to $1,000, and either suspend your driving privilege for 1 year or require DMV to delay the issuance of your first DL for up to 1 year, if you are not already licensed.
- Your driving privilege will be revoked for 1 year, if you are convicted of either driving with a blood alcohol concentration (BAC) of 0.01% or higher or driving under the influence (DUI) of alcohol and/or drugs. On the first offense you will be required to complete the educational portion of a licensed DUI program.
A subsequent offense may require a longer DUI program and you will not have a restricted DL to attend the DUI program.
EXCEPTION: You may carry alcoholic beverages in closed containers, while working for someone with an off-site liquor sales license.
California Drivers of All Ages
It is illegal to drive after consuming excessive amounts of alcohol in any form (including medications such as cough syrup), or taking any drug (including prescription medications), or using any combination of alcohol or drugs that impairs your ability to drive.
California Blood Alcohol Concentration (BAC) Limits
It is illegal for any person to operate a vehicle with a:
- BAC of 0.08% or higher, if the person is 21 years old or older.
- BAC of 0.01% or higher, if the person is under 21 years old.
- BAC of 0.01% or higher at any age, if the person is on a DUI probation.
- BAC of 0.04% or higher, in any vehicle requiring a CDL—with or without a CDL issued to the driver.
DMV can take an administrative action against your driving privilege after you are detained or arrested for a DUI. The court may take a separate action for the same offense. DMV’s action is related only to your driving privilege. The court’s action may involve a fine, jail time, delay of the DL, and completion of a DUI program.
When notified of a DUI conviction by the court, DMV will take an additional action to suspend or revoke your driving privilege.
Similar provisions (California Harbors and Navigation Code) apply when you operate any vessel, aquaplane, jet skis, water skis, or similar devices. These convictions are placed on your driving record and will be used by the court to determine “prior convictions” for motor vehicle DUI sentencing. These convictions are also used when determining the length of a suspension or revocation action or the reinstatement requirements, because of a violation you committed while driving a motor vehicle.
Get a DUI in California- Lose Your License!
It is illegal to drive with a blood alcohol content (BAC) of .08% or more (.04% for commercial vehicle drivers and .01% if under 21). Other factors, such as fatigue, medications or food may affect your ability to legally operate a vehicle. The table below gives an estimate of blood alcohol levels based on the number of drinks consumed, gender, and body weight. REMEMBER: Even one drink is likely to affect your ability to drive safely!
*State of California Department of Motor Vehicles, California Driver Handbook
