999 Fifth Avenue, Suite 350, San Rafael, CA 94901

Call Today for Your Free Consultation
Call Us 415-729-7300

What Are the Drunk Driving Laws in California?

 Posted on March 07, 2023 in DUI

Napa County Defense Attorney

As law enforcement focuses on its battle with drunk driving, lawmakers will often introduce new bills in order to strengthen the tools that police have to catch drunk drivers and the penalties that the courts can enforce if the driver is found guilty. Some of these bills pass and some do not, but it can make it confusing to understand what the current DUI laws in California are. The following are some of the common FAQs about drunk driving that the legal team at Burglin Law Offices, P.C. are often asked.

What Is Considered Legally Intoxicated Under California Law?

Under current California, the blood alcohol concentration (BAC) level that could result in a DUI charge is:

  • Adult drivers 21 years of age – BAC of 0.08 percent or higher

  • Drivers under the age of 21 – BAC of 0.01 percent under California’s zero-tolerance laws

  • Drivers who hold a CDL – BAC of 0.04 percent or higher

What Is California’s Implied Consent Law?

When you accept a driver’s license from the state of California, you are being given the privilege to drive. Part of accepting that privilege is agreeing that you will submit to a blood or breath test if a law enforcement officer makes that request during a DUI stop.

If you refuse to submit, then under the implied consent law, you will face a license suspension regardless of the outcome of any drunk driving charges that may be filed against you.

What Are the Current Penalties for a DUI Conviction in California?

The penalties in California for drunk driving convictions are harsh and involve suspension of driving privileges, fines, potential jail time, probation, and more.

A first-time DUI conviction will result in a loss of license for six months. You may be able to obtain a “restricted license” which will allow you to get back and forth to work or school, however, you will need to pay to install an ignition interlock device. You could also spend 48 hours up to six months in jail.

A second conviction and you will lose your license for two years. You could also face 96 hours up to one year in jail.

If you are convicted a third time, you will not be driving for three years and you could be sentenced to 120 days up to one year in jail.

Contact a Napa County Defense Attorney

If you have been charged with drunk driving, do not risk your future by trying to defend yourself against these charges. Call Burglin Law Offices, P.C. at 415-729-7300 to schedule a free and confidential consultation with a skilled San Francisco DUI defense attorney and find out how we can help.



Share this post:
Back to Top