Alcohol and Driving

It is illegal to drive with a Blood Alcohol Concentration of 0.08% or more.

Drivers under the age of 21 years found to have a BAC of 0.01% will be subject to suspension of their driver's license.  Underage drinkers with BACs over 0.05% will most likely be charged with DUI.

A BAC below the legal limit does not mean that it is safe to drive, regardless of your age.  Almost all drivers show the effects of alcohol at levels lower than the legal limit. You must always drive attentively and carefully. You must not drive after you have taken any drink or drug that changes how you drive, makes you less careful, or slows your reactions.

Implied Consent

When you apply for a driver’s license in California you are, by law, consenting to a test of your blood or breath for the presence of alcohol or drugs.

If you are arrested because a police officer suspects that you have alcohol or drugs in your body, you will be required to take a test to see if it is true. You may choose which one of two kinds of tests will be used: blood or breath. If you are suspected of being under the influence of a drug, you will be required to take a blood or breath test.

If you are taken to a facility for testing that does not have all three tests, you must take whichever one of the tests is available.

You do not have the right to speak to a lawyer or have one present before you decide on which test, or during the test itself.

If you are found to be under the influence of alcohol or drugs, or refuse to be tested, your driving privileges will be suspended or revoked, independent of any jail time, fine, or other criminal penalty that court imposes.

If you do not take or if you fail to complete a chemical test to determine your impairment, your license is subject to the following:

	First offense – Suspended for 1 year
	Second offense in 7 years – Revoked for 2 years
	Three or more offenses in 7 years – Revoked for 3 years

If you take a chemical test and it shows a BAC of 0.08% or higher, or that you are under the influence of drugs, in addition to severe criminal penalties, you face the following minimum penalties:

	First offense – Suspension for 4 months
	Second or later offense within 7 years – Suspension for 1 year

If you are convicted of a second DUI offense you will lose your license for a minimum of 2 years. A second DUI offense also includes a mandatory 96 hours jail term as a condition of any probation.

Additionally, court may require a person convicted of a first DUI to install a certified ignition interlock device on any vehicle that the person owns or operates. The DMV shall place such restrictions in the person's driving record.

Designated Drivers

It is always a good idea to designate a driver. If you are going out with friends, agree in advance which person will not drink and who will do the driving.  If you have not designated a driver in advance, take a taxi, call someone who has not been drinking for a ride, or spend the night where you are. Under no circumstances should you drive after you have been drinking.

Alcohol and Drug Convictions

If you are convicted of driving with alcohol or drugs in your body, the judge may give you 48 hours to six months in jail.

You will also have to pay from $390 to $1,000 in fines the first time you are convicted.

In addition, you may lose your license for up to six months, or the state may let you drive for a time, while closely watching your driving record.

If the vehicle is registered in your name when you are convicted of driving under the influence of alcohol or other drugs (DUI), the court may take your vehicle away for up to 30 days and force you to pay for its storage.

If you are convicted of driving under the influence of alcohol or other drugs twice within seven years, the court must punish you with time in jail (up to a year), a fine up to $1,000, and may take your vehicle for up to 90 days.  You may also lose your license for up to 18 months.

After this, you will be allowed to drive only if you file a special certificate of insurance (SR22) with the department.

You may be allowed to obtain a restricted license if you take part in and complete a driving under the influence (DUI) program.

Even if you get insurance after a DUI conviction, it will probably be very expensive.

If you are convicted a third time, you will lose your driver's license for up to 3 years, pay a heavy fine, and spend 3 or more months in jail.

After that, you must apply for a new driver license, file a special certificate of insurance (SR22) with the DMV, and provide proof of completion of a DUI program.

It is considered a serious crime when a person is killed or hurt as a result of your driving under the influence of alcohol or drugs. You will be punished with fines, jail and license suspension or revocation. You could also face a civil law suit that could result in financial disaster.

The law is very strict on carrying alcohol or drugs in a vehicle.  You must not drink any alcoholic drink in any vehicle you are driving.  Do not carry an open bottle or container with an alcoholic drink in it on you or in your car.  Containers of liquor, beer, or wine carried in a vehicle must be full, sealed and unopened. Otherwise, they must be put in the trunk or a place where passengers do not sit.

Keeping an open container of an alcoholic drink in the glove compartment is specifically against the law.

	Fast drivers, erratic changes in speed, or slow driving in the "fast" lane.
	Running over the curb, going into the wrong lane, weaving, or straddling two lanes.
	Driving over the center line or crossing a double yellow line.
	Stopping short of a stop sign, overshooting a stop sign, running a stop sign, stopping for a green light or stopping on the road.
	Failing to signal or deceptive signaling.
	Driving at night with no lights or failing to dim bright lights.