California DUI Laws


California DUI Laws – Blood Alcohol Concentration (BAC) and Implied Consent

“Per Se” BAC Limit 0.08%
Zero Tolerance (Underage) BAC Limit 0.02%
Enhanced Penalty (Aggravated) BAC Limit 0.16%
Implied Consent to Submit to a BAC Test? Yes
“Per Se” BAC Limit for Commercial Driver’s License 0.04%

California DUI Penalties

Minimum License Revocation (1st/2nd/3rd) 6 months / 2 Years / 3 Years
Mandatory Alcohol Education and Treatment Both are required
Vehicle Confiscation by State Yes
Ignition Interlock Device Yes, mandatory for 3rd offense

Jail Time

1st Offense 48 Hours – 6 Months
2nd Offense 96 Hours – 1 Year
3rd Offense 4 Months – 1 Year
4th Offense 6 Months – 1 year

State Prison: A 4th DUI may result in 16 months – 3 years in a California State Penitentiary

California is like Nevada where 0.08 BAC is the “per-se” offense. If your alcohol level is above .08%, you would be guilty of DUI regardless of how well you may have been driving.

Should you be found with .08 or greater within 3 hours of driving your vehicle, the officer may charge you with DUI.

California imposes additional jail time for having a BAC greater than 0.15%.

Fines imposed by the State of California for a 1st DUI are significant and can range from $2,000-$3,000. 2nd and 3rd DUI fines will be greater.

Probation for a DUI can range from 3 to 5 years

A DUI stays on your record for 10 years in California and a reduction from DUI to reckless driving will still be considered a first offense if you are arrested and charged with DUI again within 10 years.


Contact Joey Gilbert & Associates for detailed information regarding your DUI case.  Our attorneys offer aggressive defense of your DUI case. We also offer consultation on treatments available for alcohol and drug offenses. Our staff is available 24/7 to answer your questions and review your case.

Have you been arrested for DUI? Contact Joey Gilbert & Associates,Ltd. for a free consultation and case evaluation – 775-284-7700 or Toll Free 888-640-4313.