Driving under the influence (DUI) in California is not just a traffic offense—it’s a serious legal matter with long-term consequences. With updates to laws and stricter enforcement in 2025, understanding what constitutes a California DUI is more critical than ever. This guide outlines everything you need to know—from penalties to your legal rights and new regulations shaping how DUI is handled in the Golden State.

What Constitutes a DUI in California?

In California, a DUI refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Legally, the following blood alcohol concentration (BAC) limits apply:

• 0.08% or higher for drivers over 21

• 0.04% for commercial drivers

• 0.01% for drivers under 21 (Zero Tolerance)

• Any measurable amount if the person is on DUI probation

However, even if your BAC is under these thresholds, you can still be charged if you’re visibly impaired or fail field sobriety tests.

California DUI vs DWI: What’s the Difference?

California law only uses the term DUI (Driving Under the Influence)—unlike other states that also use DWI (Driving While Intoxicated) or OUI (Operating Under the Influence).

Key Difference:

• DUI is the official term under California Vehicle Code §23152.

• DWI is not a recognized legal term in the state but may be used colloquially.

2025 California DUI Law Updates

Several updates in 2025 are reshaping how DUIs are handled:

• Zero Tolerance for Cannabis-Impaired Driving: New roadside saliva tests introduced for THC levels.

• Increased Penalties for Refusing a Chemical Test: Refusal now triggers a 2-year license suspension minimum.

• Harsher Repeat Offender Laws: A third DUI within 10 years now carries mandatory jail time of 120 days.

New legislation also encourages counties to expand DUI diversion programs but limits their use in cases involving injury.

Penalties for DUI in California in 2025

The penalties for a DUI conviction vary by the number of offenses and circumstances:

• First Offense:

  • Fine: $1,800–$2,800 (after fees)

  • Jail Time: 48 hours to 6 months

  • License Suspension: 6 months

  • DUI School: 3 to 9 months

  • Ignition Interlock Device (IID): Optional, often required

• Second Offense (within 10 years):

  • Jail Time: 96 hours to 1 year

  • License Suspension: 2 years

  • IID: Mandatory 12 months

• Third Offense:

  • Jail Time: 120 days to 1 year

  • License Suspension: 3 years

  • IID: Required 2 years

First-Time DUI Offense in California

The first DUI might seem like a minor mistake, but it can have life-altering effects:

• You’ll likely face probation for 3–5 years

• Complete a DUI education program

• Pay for court fees, insurance hikes, and possibly lose job opportunities

However, California law allows for restricted licenses to commute to work or school if you install an IID.

Second and Third DUI Offense

With each repeat offense, the penalties increase in severity:

• Second DUI: Includes longer DUI school and may require alcohol treatment programs

• Third DUI: Considered a major misdemeanor or felony, depending on prior record or injuries involved

Three DUIs in 10 years could lead to felony charges, especially if paired with reckless driving or injury.

Felony DUI in California

A DUI becomes a felony under the following circumstances:

• Fourth DUI within 10 years

• DUI causing injury or death

• DUI with a prior felony DUI conviction

Felony DUI carries:

• 16 months to 3 years in state prison

• $5,000+ in fines

• License revocation up to 5 years

Underage DUI Laws in California

California enforces a Zero Tolerance Law for underage drivers. If you’re under 21 and caught with a BAC of just 0.01%, you can lose your license for 1 year, face fines, and mandatory DUI education.

DUI and Commercial Driver’s Licenses

For commercial drivers (CDL holders), the threshold is much stricter:

• BAC limit: 0.04%

• A DUI conviction leads to suspension of CDL for 1 year, even on a first offense

A second DUI results in lifetime disqualification from holding a commercial license.

Court Process After a DUI Arrest

1. Arrest and chemical test

2. DMV hearing (must be requested within 10 days)

3. Arraignment in criminal court

4. Pre-trial motions, plea bargaining

5. Trial (if no plea entered)

6. Sentencing and follow-up (probation, classes, IID)

Administrative Per Se Suspension (DMV Process)

Apart from the court case, the DMV imposes an automatic license suspension:

• 30 days after arrest unless you request a hearing

• Can be stayed if you request a hearing within 10 days

• Separate from criminal penalties

Ignition Interlock Device (IID) Requirements

As of 2025, most DUI offenses require an IID, especially in Los Angeles, Sacramento, Alameda, and Tulare counties.

Duration of IID:

• 1st offense: 6 months (optional)

• 2nd offense: 12 months

• 3rd offense: 24 months

DUI Expungement in California

After completing probation and penalties, you may petition the court to expunge your DUI conviction. While expunged DUIs don’t erase the record, they help with employment and housing.

Requirements:

• Completion of probation

• No pending charges

• Filed petition under Penal Code 1203.4

Legal Defenses for DUI in California

Common defenses include:

• Faulty breathalyzer test

• Unlawful traffic stop

• Medical conditions mimicking intoxication

• Rising BAC defense

Hiring a qualified DUI attorney is crucial if you intend to fight the charge or seek reduced penalties.

DUI Checkpoints and Your Rights

California allows sobriety checkpoints but they must follow legal guidelines:

• Advance public notice

• Random vehicle selection

• You can refuse field sobriety tests but you must comply with chemical testing post-arrest

Preventing DUIs: Alternatives and Public Safety

• Use rideshare services like Uber or Lyft

• Designate a sober driver

• Stay overnight if you’ve been drinking

• Utilize Safe Ride Home programs

FAQs About California DUI

What is the penalty for DUI in California?

Penalties range from fines of $1,800+, jail time (2 days to 1 year), license suspension (6 months to 3+ years), DUI school, and ignition interlock requirements. Repeat offenders face felony charges.

What happens with the first DUI in California?

You may receive probation, attend DUI school, pay fines, and possibly install an IID. Jail time can be avoided with legal help, but license suspension is likely.

Is it a DUI or DWI in California?

California uses DUI only. DWI is not recognized in state law, though it’s used in other jurisdictions.

What is the new DUI law in California?

The 2025 updates include harsher penalties for refusal, saliva-based THC testing, and expanded IID use for repeat offenders.

Can I drive after a DUI arrest in California?

Yes, but only for 30 days, after which your license is suspended unless you request a DMV hearing within 10 days.

Can I refuse a DUI checkpoint in California?

You can turn around legally, but you must stop if directed. Refusing a chemical test leads to automatic license suspension.

Final Thoughts

A California DUI can change your life in an instant—but knowledge is power. With 2025 bringing tougher regulations, it’s more important than ever to know your rights, understand the consequences, and make smart choices before getting behind the wheel. Whether you’re facing a first-time DUI or navigating legal aftermath, staying informed and seeking legal guidance can make all the difference.

Stay safe, drive sober, and protect your future.

Fast, free, and confidential—get your case reviewed at LegalCaseReview.com or call 📞 (833) 279-1850.