California Alcohol Laws

In the state of California (like all other states), driving is considered a privilege; it’s not a right. To ensure safety on the roadways, strict laws and penalties have been put into place regarding consuming alcohol and/or drugs while operating a motor vehicle. While most drivers know that it is illegal to drink and drive, many are not aware of other DUI laws that are just as important. The following information on California alcohol laws will especially be of interest to you if you have recently been charged with DUI.

Under California’s Zero Tolerance Law, you are not allowed to drink alcohol until you are 21 years of age. So you can imagine why DUI laws for those underage are even stricter. Underage drivers can be arrested for DUI for having a blood alcohol content for as little as .01%. If convicted of DUI, you’ll be required to participate in alcohol education classes and can face other harsh penalties.

If you are 21 or older, you are considered to be DUI if your blood alcohol content is .08% or higher. This means that you do not necessarily need to be “drunk” to be considered DUI. The prosecution only needs to prove that your BAC was over the state’s legal limit. If your blood alcohol content was .16% or more, the prosecution will slap you with enhanced penalties, which includes probation and alcohol education classes.

For a DUI conviction, first time offenders will receive a four-month license suspension. A second offense DUI will result in a two-year license suspension. If you are convicted of a third-offense DUI, your license will be suspended for three years and an ignition interlock will be installed in your vehicle, or your vehicle may even be confiscated. Beyond this, additional DUIs will automatically result in a felony charge.

California also has an Implied Consent Law, which requires licensed drivers to submit to a chemical test if they are believed to be DUI. By refusing the chemical test, you’ll face harsh penalties in court.

Whether you refused a chemical test or your BAC was over the legal limit, immediately contact a DUI defense attorney for representation.