DUI Laws 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.

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.

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.

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.

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.

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.

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.