California DUI Laws, BAC Limits & Penalties

California has strict laws prohibiting driving under the influence of alcohol or drugs. A DUI arrest can lead to criminal charges as well as separate consequences involving your California driver’s license.

The laws that apply can depend on your blood alcohol concentration (BAC), age, prior DUI history, whether drugs were involved, whether anyone was injured, and other circumstances surrounding the arrest.

If you have been arrested for DUI in Fresno or Central California, Fresno DUI attorney Gregory W. Fox can review the circumstances of your arrest, the evidence against you, and the potential consequences you face.

What Is the Legal BAC Limit in California?

For most adult drivers, California Vehicle Code § 23152(b) prohibits driving with a blood alcohol concentration of 0.08% or higher.

This is commonly referred to as California’s “per se” DUI law. Prosecutors do not necessarily have to prove that a driver appeared intoxicated to pursue a charge under this section. Instead, the prosecution may rely on chemical-test evidence to attempt to establish that the driver’s BAC was at or above the legal limit.

A BAC result, however, does not automatically establish that a person is guilty of DUI. The circumstances surrounding the traffic stop, arrest, breath or blood testing, timing of the test, and procedures followed by law enforcement may all be relevant to the defense.

Can You Be Charged With DUI With a BAC Below .08%?

Yes. California’s DUI laws are not limited to drivers with a BAC of .08% or higher.

Under California Vehicle Code § 23152(a), a person can be charged with driving under the influence of alcohol when the prosecution alleges that alcohol impaired the person’s ability to operate a vehicle safely—even when the reported BAC is below .08%.

This distinction is important because California essentially provides prosecutors with different ways to pursue an alcohol-related DUI case. Depending on the circumstances, a driver may face allegations based on impairment, BAC, or both.

California’s Zero-Tolerance Law for Drivers Under 21

California applies stricter alcohol rules to drivers under the age of 21.

Under California’s zero-tolerance law, a driver under 21 may face driver’s license consequences for operating a vehicle with a BAC of 0.01% or higher.

Additional consequences may apply at higher BAC levels, and an underage driver with a BAC of .08% or greater may potentially face the same standard DUI charges that apply to an adult driver.

Because several different California laws can apply to drivers under 21, the consequences depend upon the driver’s BAC, age, and circumstances of the case.

Learn more about underage DUI charges in California.

High BAC and Enhanced DUI Penalties

A BAC significantly above the legal limit can affect how a DUI case is handled.

Under California Vehicle Code § 23578, a BAC of 0.15% or higher at the time of the offense may be considered by the court when determining conditions of probation and other consequences following a conviction.

An especially high BAC may also affect how prosecutors approach a case and can become an important issue during negotiations and sentencing.

The chemical-test result itself should still be carefully reviewed. Breath-testing procedures, blood collection and analysis, equipment issues, timing, and other factors may affect the reliability or significance of a reported BAC.

DUI of Drugs in California

Alcohol is not required for a California DUI charge.

California law also prohibits driving while under the influence of drugs. These cases may involve illegal drugs, marijuana, prescription medications, or other substances that law enforcement alleges impaired the driver’s ability to safely operate a vehicle.

Drug DUI cases can present different evidentiary issues than alcohol-related DUI cases because the presence of a drug or its metabolites does not necessarily establish the degree of impairment at the time of driving.

Law enforcement may rely on observations by the arresting officer, field sobriety testing, blood testing, statements by the driver, driving behavior, and evaluations performed by officers trained in drug recognition.

For more information about these cases, see our page on marijuana DUI defense in California.

Refusing a Chemical Test After a DUI Arrest

California’s chemical-test requirements can create additional driver’s license consequences when a person is lawfully arrested for DUI and refuses a required chemical test.

Depending upon the circumstances and the driver’s prior history, a refusal can result in a driver’s license suspension or revocation separate from the outcome of the criminal DUI case.

Whether a refusal actually occurred can also become an issue. The defense may examine what the officer told the driver, whether the driver clearly refused testing, whether the arrest was lawful, and the circumstances surrounding the requested test.

Because refusal cases can involve both criminal and administrative consequences, they should be evaluated carefully.

What Happens to Your Driver’s License After a California DUI Arrest?

A California DUI arrest can create two separate proceedings.

The first is the criminal case, which is handled through the court system.

The second is an administrative process involving the California Department of Motor Vehicles (DMV), which can affect your driving privilege independently of what happens in criminal court.

Strict deadlines can apply after a DUI arrest. A driver may have a limited amount of time to request a DMV administrative hearing to challenge a proposed license suspension.

This is one reason it is important to contact a DUI attorney promptly after an arrest rather than waiting for the first court date.

Gregory W. Fox represents clients in both DUI criminal proceedings and DMV license matters arising from DUI arrests.

What Are the Penalties for a DUI in California?

The potential penalties for a California DUI depend heavily on the circumstances of the case.

Factors that may affect the consequences include:

• Whether this is a first DUI or a subsequent offense
• The driver’s BAC
• Whether the driver refused chemical testing
• Whether drugs were involved
• Whether an accident occurred
• Whether another person was injured or killed
• Whether a child was in the vehicle
• Whether the driver was on probation
• The driver’s prior criminal and DUI history
• Other circumstances surrounding the offense

Depending upon the case, a DUI conviction may involve fines and assessments, probation, DUI education programs, driver’s license consequences, ignition interlock requirements, and possible incarceration.

Multiple DUI offenses and cases involving injury or other aggravating circumstances can result in substantially more serious consequences.

First DUI vs. Multiple DUI Offenses

Prior DUI convictions can significantly affect a new California DUI case.

California generally considers qualifying prior DUI and alcohol-related reckless-driving convictions occurring within the applicable statutory lookback period when determining whether a new DUI is treated as a first, second, third, or subsequent offense.

As the number of qualifying prior offenses increases, potential jail time, DUI-program requirements, license consequences, and other penalties may also increase.

The defense should verify the defendant’s actual prior record rather than simply assuming that every previous alcohol-related arrest or case qualifies as a prior DUI conviction.

When Can a California DUI Become a Felony?

Many California DUI cases are prosecuted as misdemeanors, but certain circumstances can result in felony charges.

A DUI may potentially be prosecuted as a felony when the incident causes qualifying injury or death or when the defendant has the type and number of prior DUI convictions required under California law.

Felony DUI cases can carry significantly greater consequences than a standard misdemeanor DUI and should be addressed as early as possible.

Can a DUI Charge Be Challenged?

An arrest and a chemical-test result do not automatically establish guilt.

Depending upon the circumstances, a DUI defense attorney may examine:

• Whether law enforcement had a lawful reason for the traffic stop or detention
• Whether the officer had sufficient grounds to make the arrest
• Body-worn camera and patrol-vehicle video
• How field sobriety tests were administered
• Breath-testing procedures and equipment
• Blood-draw and laboratory procedures
• The timing of alcohol consumption
• Whether BAC was rising or falling at the time of driving
• Whether medical or physical conditions affected observations or testing
• Whether the prosecution can prove who was driving
• Whether drugs or medications actually impaired the driver’s ability to operate a vehicle
• Whether law enforcement complied with constitutional requirements

The defenses available in any DUI case depend upon the actual facts and evidence.

What Should You Do After a DUI Arrest in Fresno?

A DUI arrest can involve deadlines and consequences that begin before your first court appearance.

Preserve any documents you received from law enforcement, write down what you remember about the traffic stop and arrest while the events are still fresh, and avoid discussing the details of your case publicly or on social media.

Most importantly, consider speaking with an attorney promptly so that you understand both the criminal case and any separate driver’s license issues.

Talk to a Fresno DUI Attorney

Gregory W. Fox has more than 20 years of criminal defense experience and represents clients facing DUI charges in Fresno County and throughout Central California. Mr. Fox personally reviews the evidence, develops the defense strategy, communicates with the prosecution, and handles the cases accepted by the Law Office of Gregory W. Fox.

If you have been arrested for driving under the influence of alcohol or drugs, learn more about our Fresno DUI defense services or contact the Law Office of Gregory W. Fox to request a consultation.

Call (559) 222-5800 to speak with our office.