California Traffic Laws: Points, Tickets, License Suspension and DUI
California driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for California
- Point system
- Yes, through the Negligent Operator Treatment System (NOTS). Most traffic convictions involving safe driving count 1 point, and serious ones (such as DUI, reckless driving and hit-and-run) count 2; Cal. Veh. Code §§ 12810, 12810.5; DMV Driver Negligence and Negligent Operator Actions pages
- Points for speeding
- A typical speeding conviction is 1 point (for example, Vehicle Code § 22348(a)). Driving over 100 mph (§ 22348(b)) is 2 points. Convictions in a vehicle requiring a Class A or B license count 1½ times the usual value. Cal. Veh. Code §§ 12810(d), 12810(f), 12810.5(b)(2); DMV Driver Negligence page
- Legal BAC limit
- 0.08% for drivers 21 and older; 0.04% for drivers of commercial vehicles and drivers carrying a passenger for hire; 0.01% for drivers under 21 and for anyone on DUI probation. Cal. Veh. Code §§ 23152, 23140, 23136; DMV Handbook Section 9
- First-offense DUI penalties
- At arrest, a driver 21 or older with a BAC of 0.08% or more receives a 4-month administrative suspension (starting 30 days after the order). Cal. Veh. Code §§ 13353.2, 13352, 23152; DMV DUI First Offenders (Alcohol, Non-Injury) flyer
Last verified: 2026-10-27
Tickets and points
| Point system | Yes, through the Negligent Operator Treatment System (NOTS). Most traffic convictions involving safe driving count 1 point, and serious ones (such as DUI, reckless driving and hit-and-run) count 2; a responsible collision counts 1 point. A Class C driver is presumed a negligent operator at 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months. NOTS actions run from a warning letter, to a notice of intent to suspend, to an order of one-year probation that includes a six-month suspension. Points from out-of-state convictions count too. Commercial (Class A/B) drivers have higher thresholds in some cases. |
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| Points for speeding | A typical speeding conviction is 1 point (for example, Vehicle Code § 22348(a)). Driving over 100 mph (§ 22348(b)) is 2 points. Convictions in a vehicle requiring a Class A or B license count 1½ times the usual value. |
| How long points last | Negligent-operator status is measured over 12-, 24- and 36-month periods. The DMV handbook states all DUI convictions remain on the driver record for 10 years. The general retention period for 1-point convictions was not confirmed from an official page read for this record. |
| Traffic school | A court may order or permit a noncommercial Class C or M driver to attend a licensed traffic violator school after paying the fee or bail or pleading guilty or no contest. When the driver finishes by the deadline, the point stays on the record but is hidden from insurance companies, and the conviction does not count toward negligent-operator status. Traffic school is not allowed for violations in a commercial vehicle, DUI, hit-and-run, reckless driving, and certain other serious offenses. The court's courtesy notice says whether a ticket is eligible; a driver can still ask for traffic school after choosing a trial, and the judge decides. |
| Paying or fighting a ticket | The court mails a courtesy (reminder) notice explaining the due date, the amount, and options, which can take 30 days or longer; if it does not arrive, contact the court in the county where the ticket was issued. Options are to pay the ticket (a guilty or no-contest result, sometimes called forfeiting bail), take traffic school if eligible, correct a fix-it ticket with a signed certificate of correction, ask the court for a lower fine or payment plan, or plead not guilty and ask for a trial. Online payments are made on the county court's website. Missing the due date can bring added fees; contact the court promptly if there was a good reason. |
| Paying or looking up a ticket online | Traffic tickets are paid to the court in the county where you got the ticket, usually online through that court's website, by mail or in person (use the county lookup on the self-help traffic page, or Find My Court). The court mails a reminder or courtesy notice with the amount due (bail), the due date and your options, including traffic school eligibility; it can take 30 days or longer, and if it does not arrive, contact the court. The court will never text, call or email you to ask for payment. |
License suspension
| License suspension | Suspensions include NOTS point suspensions (a one-year probation with a six-month suspension; a violation of probation adds six months, and a third violation of probation brings a one-year revocation), failure to appear in court on a traffic ticket while on NOTS probation, being in a collision without proper insurance (up to four years, regardless of fault), failing to file a required collision report, and DUI or test refusal. After a DUI-related suspension, reinstatement requires a $125 reissue fee and proof of insurance (SR-22). |
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| Hardship or restricted license | After a first DUI arrest, a driver can apply for an ignition-interlock restricted license right away, or, after serving 30 days of the 4-month suspension, a license limited to driving to, from and during work and to the DUI program; both require DUI program enrollment, an SR-22 and a $125 fee. After a first DUI conviction without a court-ordered interlock, similar interlock or work/DUI-program restrictions are available (the work restriction lasts 12 months). A restricted license request cannot be decided at the DMV hearing. |
| Checking and reinstating a license | The DMV will not restore a driving privilege until other suspensions or holds are resolved. You can request your driver record online and check a Driver Safety Case Status. If you have unpaid reissue fees you may qualify to pay them online: $55 reissue fee, $125 Admin Per Se reissue fee, and a $15 DMV admin fee (use the online reissue fee application only if a DMV representative instructs you to). Reissue fees: https://www.dmv.ca.gov/portal/dmv-virtual-office/reissue-fees/ |
DUI / DWI
| Legal BAC limit | 0.08% for drivers 21 and older; 0.04% for drivers of commercial vehicles and drivers carrying a passenger for hire; 0.01% for drivers under 21 and for anyone on DUI probation. A separate offense applies to drivers under 21 at 0.05% or more. |
|---|---|
| First-offense DUI penalties | At arrest, a driver 21 or older with a BAC of 0.08% or more receives a 4-month administrative suspension (starting 30 days after the order). After a first non-injury DUI conviction, the DMV suspends the license for 6 or 10 months (10 months may apply if BAC was over 0.20%), and the driver must complete a DUI program and file an SR-22 for 3 years. A court may order an ignition interlock device; if it does not, the driver can choose an interlock-restricted license or a work/DUI-program restricted license. Court jail and fine ranges for a first DUI (Vehicle Code § 23536) were not confirmed from an official page read for this record. |
| When a DUI is a felony | A DUI can be charged as a felony when: (1) it is a fourth DUI within 10 years (the new offense occurred within 10 years of three or more prior DUI or 'wet reckless' convictions); (2) the person has a prior felony DUI, felony DUI-with-injury, or vehicular manslaughter while intoxicated conviction within 10 years; (3) the person has any prior conviction for gross vehicular manslaughter while intoxicated; or (4) the DUI causes bodily injury to someone else, which can be punished by state prison even on a first offense. These offenses can also be punished with county jail instead, depending on the case. A fourth-offense or prior-felony DUI also brings a 3-year 'habitual traffic offender' designation and a license revocation. |
| Refusing a breath test | Driving in California means consenting to a breath, blood or (in some cases) urine test if arrested for DUI. Refusing or failing to complete the test brings a one-year suspension for a first offense, a two-year revocation for a second within 10 years, and a three-year revocation for a third or later within 10 years. The same periods apply to drivers under 21 who refuse a preliminary or chemical test. |
| DUI lookback period | 10 years. A second DUI arrest within 10 years brings a one-year administrative suspension, and refusal periods increase for priors within 10 years. DUI convictions stay on the record for 10 years, and another DUI during that time can bring additional penalties. |
| How long a DUI stays on your record | The DMV discloses DUI convictions (Vehicle Code §§ 23140, 23152 and 23153) for 10 years from the date of the offense, compared with 7 years for most other two-point violations and 3 years for other violations. For the criminal record, a person who completes probation can ask the court to dismiss the conviction under Penal Code § 1203.4, but for DUI-type offenses this relief is up to the court's discretion. A dismissed DUI can still be used as a prior conviction in a later case, and the dismissal does not change DMV license actions. |
| Sobriety checkpoints | Yes. California law requires drivers to stop and submit to a sobriety checkpoint inspection when signs are posted requiring the stop. A vehicle may not be impounded at a checkpoint if the driver's only offense is driving without a license; officers must try to release it to the owner or another licensed driver. Source: Cal. Veh. Code § 2814.2 |
Phones and distracted driving
| Phone and texting laws | Using a handheld cell phone while driving is illegal; adult drivers may use a phone only in hands-free mode, mounted on the windshield, dashboard or center console, using a single swipe or touch. Drivers should not send or read texts or emails while driving. Drivers under 18 may not use a cell phone or wireless device at all while driving, except to call for emergency help. |
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Where to get help in California
Traffic Tickets & DUI FAQ
How does the driver point system work in California?
Yes, through the Negligent Operator Treatment System (NOTS). Most traffic convictions involving safe driving count 1 point, and serious ones (such as DUI, reckless driving and hit-and-run) count 2; a responsible collision counts 1 point. A Class C driver is presumed a negligent operator at 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months. NOTS actions run from a warning letter, to a notice of intent to suspend, to an order of one-year probation that includes a six-month suspension. Points from out-of-state convictions count too. Commercial (Class A/B) drivers have higher thresholds in some cases.
How many points is a speeding ticket in California?
A typical speeding conviction is 1 point (for example, Vehicle Code § 22348(a)). Driving over 100 mph (§ 22348(b)) is 2 points. Convictions in a vehicle requiring a Class A or B license count 1½ times the usual value.
How long do points stay on your license in California?
Negligent-operator status is measured over 12-, 24- and 36-month periods. The DMV handbook states all DUI convictions remain on the driver record for 10 years.
Can traffic school remove a ticket or points in California?
A court may order or permit a noncommercial Class C or M driver to attend a licensed traffic violator school after paying the fee or bail or pleading guilty or no contest. When the driver finishes by the deadline, the point stays on the record but is hidden from insurance companies, and the conviction does not count toward negligent-operator status. Traffic school is not allowed for violations in a commercial vehicle, DUI, hit-and-run, reckless driving, and certain other serious offenses. The court's courtesy notice says whether a ticket is eligible; a driver can still ask for traffic school after choosing a trial, and the judge decides.
How do I pay or look up a traffic ticket online in California?
Traffic tickets are paid to the court in the county where you got the ticket, usually online through that court's website, by mail or in person (use the county lookup on the self-help traffic page, or Find My Court). The court mails a reminder or courtesy notice with the amount due (bail), the due date and your options, including traffic school eligibility; it can take 30 days or longer, and if it does not arrive, contact the court. The court will never text, call or email you to ask for payment.
How do I check if my license is suspended and get it reinstated in California?
The DMV will not restore a driving privilege until other suspensions or holds are resolved. You can request your driver record online and check a Driver Safety Case Status. If you have unpaid reissue fees you may qualify to pay them online: $55 reissue fee, $125 Admin Per Se reissue fee, and a $15 DMV admin fee (use the online reissue fee application only if a DMV representative instructs you to).
How do you pay or contest a traffic ticket in California?
The court mails a courtesy (reminder) notice explaining the due date, the amount, and options, which can take 30 days or longer; if it does not arrive, contact the court in the county where the ticket was issued. Options are to pay the ticket (a guilty or no-contest result, sometimes called forfeiting bail), take traffic school if eligible, correct a fix-it ticket with a signed certificate of correction, ask the court for a lower fine or payment plan, or plead not guilty and ask for a trial. Online payments are made on the county court's website. Missing the due date can bring added fees; contact the court promptly if there was a good reason.
What gets your license suspended in California?
Suspensions include NOTS point suspensions (a one-year probation with a six-month suspension; a violation of probation adds six months, and a third violation of probation brings a one-year revocation), failure to appear in court on a traffic ticket while on NOTS probation, being in a collision without proper insurance (up to four years, regardless of fault), failing to file a required collision report, and DUI or test refusal. After a DUI-related suspension, reinstatement requires a $125 reissue fee and proof of insurance (SR-22).
What is the legal blood alcohol limit in California?
0.08% for drivers 21 and older; 0.04% for drivers of commercial vehicles and drivers carrying a passenger for hire; 0.01% for drivers under 21 and for anyone on DUI probation. A separate offense applies to drivers under 21 at 0.05% or more.
What is the penalty for a first DUI in California?
At arrest, a driver 21 or older with a BAC of 0.08% or more receives a 4-month administrative suspension (starting 30 days after the order). After a first non-injury DUI conviction, the DMV suspends the license for 6 or 10 months (10 months may apply if BAC was over 0.20%), and the driver must complete a DUI program and file an SR-22 for 3 years. A court may order an ignition interlock device; if it does not, the driver can choose an interlock-restricted license or a work/DUI-program restricted license.
What happens if you refuse a breathalyzer in California?
Driving in California means consenting to a breath, blood or (in some cases) urine test if arrested for DUI. Refusing or failing to complete the test brings a one-year suspension for a first offense, a two-year revocation for a second within 10 years, and a three-year revocation for a third or later within 10 years. The same periods apply to drivers under 21 who refuse a preliminary or chemical test.
How long does a DUI count as a prior offense in California?
10 years. A second DUI arrest within 10 years brings a one-year administrative suspension, and refusal periods increase for priors within 10 years. DUI convictions stay on the record for 10 years, and another DUI during that time can bring additional penalties.
Can you get a hardship license in California?
After a first DUI arrest, a driver can apply for an ignition-interlock restricted license right away, or, after serving 30 days of the 4-month suspension, a license limited to driving to, from and during work and to the DUI program; both require DUI program enrollment, an SR-22 and a $125 fee. After a first DUI conviction without a court-ordered interlock, similar interlock or work/DUI-program restrictions are available (the work restriction lasts 12 months). A restricted license request cannot be decided at the DMV hearing.
Is it illegal to hold your phone while driving in California?
Using a handheld cell phone while driving is illegal; adult drivers may use a phone only in hands-free mode, mounted on the windshield, dashboard or center console, using a single swipe or touch. Drivers should not send or read texts or emails while driving. Drivers under 18 may not use a cell phone or wireless device at all while driving, except to call for emergency help.
Is a DUI a felony in California?
A DUI can be charged as a felony when: (1) it is a fourth DUI within 10 years (the new offense occurred within 10 years of three or more prior DUI or 'wet reckless' convictions); (2) the person has a prior felony DUI, felony DUI-with-injury, or vehicular manslaughter while intoxicated conviction within 10 years; (3) the person has any prior conviction for gross vehicular manslaughter while intoxicated; or (4) the DUI causes bodily injury to someone else, which can be punished by state prison even on a first offense. These offenses can also be punished with county jail instead, depending on the case. A fourth-offense or prior-felony DUI also brings a 3-year 'habitual traffic offender' designation and a license revocation.
How long does a DUI stay on your record in California?
The DMV discloses DUI convictions (Vehicle Code §§ 23140, 23152 and 23153) for 10 years from the date of the offense, compared with 7 years for most other two-point violations and 3 years for other violations. For the criminal record, a person who completes probation can ask the court to dismiss the conviction under Penal Code § 1203.4, but for DUI-type offenses this relief is up to the court's discretion. A dismissed DUI can still be used as a prior conviction in a later case, and the dismissal does not change DMV license actions.
Are DUI checkpoints legal in California?
Yes. California law requires drivers to stop and submit to a sobriety checkpoint inspection when signs are posted requiring the stop. A vehicle may not be impounded at a checkpoint if the driver's only offense is driving without a license; officers must try to release it to the owner or another licensed driver.
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