California Drunk Driving Laws

Here are highlights from California law on offenses involving alcohol or drugs (California Vehicle Code Sections 23152 - 23229.1). Click on the links for further explanation of the legal terms associated with drunk driving in California.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .01

Enhanced Penalty BAC Level: .16

Implied Consent Law: Yes

License Suspension 1st Offense: 4 months

License Suspension 2nd Offense: 2 Years

License Suspension 3rd Offense: 4 Years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: After 3rd offense

Hardship License while license suspended: After 30 days

Open Container Law: For driver and passengers

These are highlights of the main provisions of California law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in California, contact an attorney in your area to determine you rights and responsibilities.

Source: California Vehicle Code Sections 23152 - 23229.1