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Some Basic Facts

Do not drive a vehicle or operate a vessel after having alcoholic drinks. A vessel driving-under-the-influence (DUI) conviction will show on your driver record and you may lose your driver license.

With a blood alcohol concentration (BAC) that is 0.08% or more, it is illegal for drivers 21 years of age and older to:

• Drive vehicles or
• Operate any recreational vessel, aquaplane, water skis, or similar devices.

With a BAC that is 0.04% or more, it is illegal for drivers 21 years of age and older to:

• Drive commercial vehicles or
• Operate any vessel other than a recreational vessel.

With a BAC that is 0.01% or more, it is illegal for drivers under 21 years of age to:

• Drive vehicles or
• Operate any vessel, aquaplane, water skis, or similar devices. You are subject to fine, jail, and participation in an alcohol education or community service program.

A BAC below legal limits does not mean that it is safe to drive. Almost all drivers show the effects of alcohol at levels lower than the legal limit. (Minors, see the Zero Tolerance information.)

Drivers 21 and Older

If you are convicted of driving with alcohol or drugs in your body, the judge may sentence you to 48 hours to six months in jail. You will have to pay from $390 to $1,000 in fines (penalty assessment extra), the first time you are convicted. In addition, you will lose your license for six months, or DMV will restrict your driving privilege. You will also be required to complete a licensed DUI program, file a certificate of insurance (SR 22), and pay restriction and reissue fees. If the vehicle is registered in your name, the court may take your vehicle away for up to six months. You will have to pay for storage fees.

If you are convicted of a DUI twoice within seven years, the court must punish you with time in jail (up to a year), a fine up to $1,000, and will take your vehicle for up to twelve months. You will lose your license for two years. After completion of 12 months of the suspension period, you may obtain a restricted license if you enroll in a DUI program, have an ignition interlock device (IID) installed on your vehicle, file a certificate of insurance (SR 22) with DMV, and pay the restriction and reissue fees.

If you are convicted a third time within seven years, you will lose your driver license for up to three years, pay a fine up to $1000, have your vehicle impounded for up to twelve months, and spend from three months to one year in jail. After completion of 18 months of the revocation period, you may apply for a restricted driver license if you complete a DUI program, install an IID on your vehicle, file an SR 22 with DMV, and pay the restriction and reissue fees.

Completion of a DUI program is required for all DUI convictions.

In cases involving death or serious bodily injury, you may be punished under California’s “Three Strikes Law.” You could also face a civil lawsuit.

The law is very strict about carrying alcohol or drugs in a vehicle whether the vehicle is on or off the highway. You must not drink any alcoholic drink in any vehicle.

A container of liquor, beer, or wine carried inside the vehicle must be full, sealed, and unopened. Otherwise, it must be put in the trunk or a place where passengers don’t sit. Keeping an opened container of an alcoholic drink in the glove compartment is specifically against the law.

In a bus, taxi, camper, or motor home, the law does not apply to non-driving passengers.Visit our Designated Driver section for information about this program.

Drivers Under 21

Teenagers are more than twice as likely as adult drivers to be involved in an alcohol-related fatal crash.

If you are under 21 years of age:

• It is against the law to purchase beer, wine, or hard liquor.
• The court may take away your vehicle for up to six months if you are convicted of driving under the influence of alcohol or drugs (DUI). You will have to pay storage fees.
• And convicted of a first DUI, you may have to spend time in jail and pay a fine. DMV must revoke your driver license for one year or until you are 18, whichever is longer. You must show proof of insurance, and pay a DMV reissue fee.
• It is against the law to carry on your person or in the car any alcoholic beverage unless you are with your parent:

Exceptions:

• transporting alcoholic beverages as part of your job.
• making a delivery of an alcoholic beverage at the order of your parent or legal guardian.

Why Is Drinking And Driving So Dangerous?

You lose your judgment when you drink or use drugs. It is often the first thing about you that changes. Loss of judgment, or good sense, affects how you react to sounds, what you see, and the speed of other vehicles around you. It takes about an hour for the body to get rid of each “drink.” If a person has had more than one drink an hour, one hour of “sobering up” time should be allowed for each extra drink. Better still, someone who has not been drinking should drive. See the information on the Designated Driver Program.

What Is The Limit? Zero Tolerance Law

The law is stricter for drivers under 21 years of age. What is the limit? Zero is the limit. It is unlawful for a person under 21 years of age to drive with a blood alcohol concentration (BAC) of 0.01% or higher as measured by a preliminary alcohol screening (PAS) test or other chemical test.

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