California DUI Laws

California's legal BAC limit is 0.08% for drivers aged 21 and over under Vehicle Code §23152(b). Commercial drivers are held to 0.04%, and drivers under 21 face a 0.01% zero-tolerance limit under VC §23136, with a separate 0.05% infraction threshold under VC §23140. Driving under the influence can also be charged at lower BACs if actual impairment is shown.

Under California's implied consent law (VC §23612), refusing a breath or blood test after a lawful DUI arrest triggers an automatic 1-year administrative license suspension for a first-time refusal, 2 years for a second, and 3 years for a third (VC §13353). The refusal can be introduced at trial as evidence of consciousness of guilt, and VC §23577 adds mandatory jail time on top of any underlying DUI sentence.

California runs two independent license actions after a DUI arrest. The DMV Administrative Per Se (APS) suspension under VC §13353.2 takes effect automatically — 4 months for a first offense, 1 year for a second or subsequent offense — unless you request a DMV hearing within 10 days of arrest. Separately, the court-ordered suspension under VC §13352 applies only upon conviction: 6 months for a first offense, 2 years for a second, and a 3-year revocation for a third or subsequent offense. The APS and court actions overlap in time rather than add together, but they start from different events (arrest vs. conviction) and have different trigger requirements.

A "wet reckless" is a reduced reckless-driving charge authorized by Vehicle Code §23103.5, negotiated in some California DUI cases where the BAC or impairment evidence is marginal. A §23103.5 plea does not independently trigger the court-side §13352 license suspension, and it typically avoids the mandatory DUI-school and IID requirements that attach to a §23152 conviction. However, any Administrative Per Se (APS) suspension under §13353.2 from the same arrest still applies — the DMV track runs on the arrest facts, not on what the driver pleas to. A wet reckless also still counts as a prior DUI for both the court-side 10-year lookback and the §23575.3 IID-program prior-counting, so tier escalation applies to any subsequent DUI.

A California DUI is usually a misdemeanor, but it is charged as a felony in two main situations. A fourth DUI within the 10-year lookback (or any DUI with a prior felony DUI conviction) is a felony under VC §23550 and §23550.5. Any DUI that causes bodily injury to another person can also be charged as a felony under VC §23153.

A California DUI generates two separate proceedings. The DMV Administrative Per Se (APS) hearing addresses only the driving privilege — it focuses on the arrest and BAC evidence and results in administrative suspension. The criminal court case in superior court addresses guilt on the DUI charge and any statutory penalties. You must request the DMV hearing within 10 days of arrest or the license suspension takes effect automatically.

Drivers under 21 face two reduced-BAC rules in California. Vehicle Code §23136 sets a 0.01% zero-tolerance threshold for any detectable alcohol, leading to a 1-year license suspension through the DMV. VC §23140 makes it an infraction for drivers under 21 to drive with a BAC of 0.05% or higher. Both apply in addition to the standard 0.08% DUI statute (VC §23152) if the under-21 driver is actually impaired.

A BAC of 0.15% or higher does not add a new charge — the underlying offense remains a standard DUI under VC §23152 — but VC §23578 directs the sentencing court to give special consideration to the elevated BAC when setting probation conditions. In practice this can mean stricter terms within the tier envelope at the judge’s discretion. It does not by itself extend the statutory IID period (IID duration is set by §23575.3(h) based on prior-count) and it does not trigger California’s 9-month extended DUI-school program — that program is triggered at a measured BAC of 0.20 or greater under VC §23538(b)(2), not at 0.15.