California DUI Laws & Penalties

This page sets out California DUI laws section by section. A first offense carries 96 hours (at least 48 continuous) to 6 months in jail and a fine of $390 to $1,000.

Checked October 31, 2026 against the California Legislative Information (California Codes)

California DUI laws: penalties by offense

California DUI penalties
Offense	Classification	Jail	Fine	License
1st	Not named in the statute	96 hours (at least 48 continuous) to 6 months	$390 to $1,000 Vehicle Code §23536(a) “imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000)”	6 months suspension Vehicle Code §13352 (version eff. 2026-01-01) “punishable under Section 23536, the privilege shall be suspended for a period of six months”
2nd	Not named in the statute	90 days to 1 year	$390 to $1,000 Vehicle Code §23540(a) “the offense occurred within 10 years of a separate violation ... imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000)”	2 years suspension Vehicle Code §13352 “punishable under Section 23540, the privilege shall be suspended for two years”
3rd	Not named in the statute	120 days to 1 year	$390 to $1,000 Vehicle Code §23546(a) “within 10 years of two separate violations ... imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000)”	3 years revocation Vehicle Code §13352 “punishable under Section 23546, the privilege shall be revoked for a period of three years”

The legal limit in California

0.08Drivers 21 and over · Vehicle Code §23152(b)
0.15Higher penalties from · Vehicle Code §23578
0.01Drivers under 21 · Vehicle Code §23136(a)
0.04Commercial drivers · Vehicle Code §23152(d)

Refusing a breath or blood test

First refusal: 1 year suspension
One earlier offense in 10 years: 2 years revocation
Two earlier offenses in 10 years: 3 years revocation

Vehicle Code §13353(a)(1)-(3)

“Suspend the person's privilege to operate a motor vehicle for a period of one year.”

“Revoke ... for a period of two years if the refusal occurred within 10 years of”

“Revoke ... for a period of three years if the refusal occurred within 10 years of”

Ignition interlock in California

1st offense: the court may order one for up to 6 months from the date of conviction (or the restricted license path); 1 prior: 12 months; 2 priors: 24 months; 3 or more priors: 36 months

Vehicle Code §23575.3 (eff. 2026-01-01)

“Upon a conviction with no priors, punishable under Section 23536 ... the term shall be determined by the court for a period not to exceed six months”

“for a mandatory term of 12 months”

“for a mandatory term of 24 months”

“for a mandatory term of 36 months”

How earlier offenses count

10 years

Vehicle Code §23540(a), §23546(a)

“the offense occurred within 10 years of a separate violation”

Driving to work after a DUI: restricted driver's license

Who qualifies: 1st offense: either a license without an interlock under §13352.4 (DUI program enrollment) or a license with an ignition interlock under §13352(a)(1). Second and later offenses: a license with an interlock under §13352(a)(2)-(7). The §13352.4 license is not issued if the court ordered an interlock or barred a restricted license. Applies to offenses on or after January 1, 2019.
Vehicle Code §13352.4(a), (h), Vehicle Code §23575.3(h)(1)(A)(ii)-(iii), Vehicle Code §13352(a)(3), Vehicle Code §13352(m)
“Except as provided in subdivision (h), or when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall issue a restricted driver’s license”
“The person may apply to the department for a restriction of the driving privilege under Section 13352.4.”
“The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.”
“If, upon conviction, the court has made the determination, as authorized under Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.”
“The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.”
“The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.”
Waiting period: The text sets no waiting period for alcohol cases: the license takes effect once the DMV has all required documents and fees. If the conviction was only for drugs, a 1st offense does not qualify under §13352(a)(1), and second and later offenses require 12 months of the suspension first.
Vehicle Code §13352(e)(1), Vehicle Code §13352.4(b), Vehicle Code §13352(a)(1)(A)(i), Vehicle Code §13352(a)(3)(A)(i)
“The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (a)”
“The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a)”
“The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.”
“Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.”
DUI school: Proof of enrollment in a licensed DUI program after the violation date, and continued participation. Second and later offenses: an 18-month program, or a 30-month program where one is available in the county.
Vehicle Code §13352(a)(1)(A)(ii)-(iii), Vehicle Code §13352.4(a)(1), Vehicle Code §13352(a)(3)(A)(ii)
“The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program”
“The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).”
“Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.”
“Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.”
“Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.”
Ignition interlock: Under §13352: submit the Verification of Installation form, keep a working certified interlock, and have it serviced at least every 60 days. The license is restricted to vehicles with an interlock.
Vehicle Code §13352(a)(1)(A)(iv), Vehicle Code §13352(i), Vehicle Code §23575.3(e)
“Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.”
“Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).”
“shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days”
“the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term”
Driving hours: §13352.4 license: only driving to and from work, during work, and to and from DUI program activities.
Vehicle Code §13352.4(c)
“The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.”
Other conditions: Proof of financial responsibility (§16430), kept for 3 years with a §13352.4 license; all reissue or reinstatement fees, any restriction fee, and a DMV administration fee.
Vehicle Code §13352(a)(1)(A)(v)-(vii), Vehicle Code §13352.4(a)(2)-(3), (d)
“The person provides proof of financial responsibility, as defined in Section 16430.”
“The person pays all reissue fees and any restriction fee required by the department.”
“The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.”
“Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.”
“Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years.”
How long it lasts: §13352.4 license: 12 months and until all reinstatement requirements are met. §13352 license: until all reinstatement requirements are met; keeping the interlock for the mandatory §23575.3 term allows reinstatement once the other requirements are met.
Vehicle Code §13352.4(b), Vehicle Code §13352(e)(1), Vehicle Code §13352(f)
“shall remain in effect for a period of 12 months and until the date all reinstatement requirements described in Section 13352 or 13352.1 have been met”
“shall remain in effect until all reinstatement requirements are satisfied”
“if the person maintains a functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied”
Driving outside the limits: Failing the DUI program ends the restriction and the suspension or revocation resumes for the rest of the original period. Tampering with, bypassing or removing the interlock early, or 3 or more maintenance failures, means immediate suspension or revocation. Letting proof of financial responsibility lapse suspends a §13352.4 license.
Vehicle Code §13352(e)(2)-(3), Vehicle Code §13352.4(d), (f)
“the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements”
“The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device.”
“If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.”
Commercial vehicles: No restricted commercial license if the offense was in a commercial vehicle or by a commercial license holder; the DMV issues a restricted noncommercial license instead.
Vehicle Code §13352(h), Vehicle Code §13352.4(g)
“is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a)”
“the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements”
Out-of-state convictions: A DUI conviction in another state, U.S. territory, D.C., Puerto Rico or Canada counts as a §23152 or §23153 conviction for suspension and revocation under §13352.
Vehicle Code §13352(d)
“A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section”

Recent changes to California DUI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

Vehicle Code §13352: Stats. 2025, Ch. 689, Sec. 1 (AB 366), effective January 1, 2026. Extended the version in force since January 1, 2019 (restricted license with an ignition interlock) from January 1, 2026 to January 1, 2033. Sec. 2 of the act amends the version that takes effect on January 1, 2033.
Vehicle Code §13352: Stats. 2025, Ch. 16, Sec. 6
Vehicle Code §13352.4: Stats. 2025, Ch. 689, Sec. 5 (AB 366), effective January 1, 2026. Extended the first-offense restricted license rules in force since January 1, 2019 from January 1, 2026 to January 1, 2033. Sec. 6 of the act amends the version that takes effect on January 1, 2033.
Vehicle Code §23575.3: Stats. 2025, Ch. 689, Sec. 26 (AB 366), effective January 1, 2026. Extended the ignition interlock rules in force since January 1, 2019 from January 1, 2026 to January 1, 2033.

Sources

Every figure above is quoted from the California Legislative Information (California Codes), read on October 31, 2026. Sections cited: Vehicle Code §23536(a); Vehicle Code §13352 (version eff. 2026-01-01); Vehicle Code §23540(a); Vehicle Code §13352; Vehicle Code §23546(a); Vehicle Code §23152(b); Vehicle Code §23578; Vehicle Code §23136(a); Vehicle Code §23152(d); Vehicle Code §13353(a)(1)-(3); Vehicle Code §23575.3 (eff. 2026-01-01); Vehicle Code §23540(a), §23546(a).

This page is legal information. For advice on your own case, speak to a lawyer licensed in California. Courts apply these sections to the facts of each case, and the law can change after the date above.