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California DUI Charges

California DUI law (Vehicle Code § 23152) makes it illegal to drive under the influence or with a BAC of 0.08% or more — 0.04% for commercial and for-hire drivers, and 0.01% for drivers under 21 (§ 23136). Implied consent (§ 23612) means refusing a chemical test after a lawful arrest triggers DMV penalties. A 4th DUI within 10 years (§ 23550) is felony-eligible — confirm current penalties.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and California’s DUI penalties are detailed and frequently amended — confirm the current numbers against the statute and talk to a California attorney.

Driving under the influence (DUI) is one of the most common — and most consequential — California charges.

What’s illegal

Under Vehicle Code § 23152, it’s unlawful to drive under the influence of alcohol or drugs (subsection (a)), or to drive with a blood-alcohol concentration at or above the limit:

  • 0.08% for standard drivers (§ 23152(b));
  • 0.04% for commercial drivers (§ 23152(d)); and
  • 0.04% when driving a passenger for hire — rideshare or taxi (§ 23152(e)).

Drivers under 21 face a zero-tolerance limit of 0.01% (Vehicle Code § 23136).

California’s implied-consent law (Vehicle Code § 23612) means that by driving you’ve agreed to chemical testing after a lawful DUI arrest. Refusing triggers DMV penalties — a one-year suspension on a first refusal, and longer with priors.

Penalties escalate — and a 4th DUI is felony-eligible

DUI penalties increase with each prior offense. A 4th DUI within a 10-year period (Vehicle Code § 23550) is felony-eligible. Because these amounts and lookback rules are detailed and amendment-prone, confirm the current penalties in the statute rather than relying on figures you read elsewhere.

For the bigger picture, see the criminal process or the criminal defense hub. To get matched with a local California DUI attorney, connect with a lawyer.

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Frequently asked questions

What's the legal BAC limit in California?
0.08% for standard drivers (Vehicle Code § 23152(b)), 0.04% for commercial drivers (§ 23152(d)) and for driving a passenger for hire (§ 23152(e)), and 0.01% for drivers under 21 (§ 23136). You can also be convicted under § 23152(a) for being under the influence.
Can I refuse a chemical test in California?
California's implied-consent law (Vehicle Code § 23612) means that by driving you consent to chemical testing after a lawful DUI arrest. Refusing triggers DMV penalties — a one-year suspension on a first refusal, and longer with priors.
Is a California DUI always a misdemeanor?
No. A 4th DUI within 10 years (Vehicle Code § 23550) is felony-eligible. Even a first offense carries fines, license, and other consequences — confirm the current penalty amounts against the statute.

Sources

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