California DUI Laws: 2026 Guide

california dui laws in 2026

In California, most new state laws go into effect on Jan. 1. Drivers need to be aware of all changes to state laws that relate to operating a motor vehicle, including new California DUI laws in 2026.

Learn more about our alcohol rehab in California or verify your insurance now. 

What Is a DUI in California?

Driving under the influence (DUI) is often referred to as drunk driving. But DUI laws in California don’t only apply to alcohol use, nor are they limited to recreational substances.

As noted on the California Department of Motor Vehicle (DMV) website, “It is illegal to drive while under the influence of alcohol or any drug that affects your ability to drive safely. … The law does not see a difference between illegal drugs and medications you get from a doctor or pharmacy.”

The DMV website also notes that the general parameters of California’s DUI laws include:

  • Excessive consumption of alcohol in any form, including medications like cough syrup that contain alcohol.
  • Taking any substance that affects your ability to drive, including both prescription and over-the-counter (OTC) medications.
  • Using any combination of alcohol or other substances that impairs your ability to drive safely.

It may also surprise you to learn that you don’t have to be in a car or on a motorcycle to be subject to DUI laws in California. The state’s vehicle code also makes it a crime for people to ride a bicycle on any public street while impaired by alcohol or other substances. 

How Are DUIs Determined in California?

Since DUIs can involve several different substances, there isn’t one simple standard for determining if a driver (or bicyclist) has violated any California DUI laws. But two common ways of determining if a driver should be taken into custody include assessing their blood alcohol content and seeing evidence that they were using substances while behind the wheel.

Blood alcohol content (BAC)

Blood alcohol content (BAC), which is usually expressed as a percentage, represents grams of alcohol per 100 ml of blood in a person’s system. If a person is tested with a breathalyzer, BAC represents grams per 210 liters of breath. This ensures that the percentages are consistent regardless of which test is used.

A BAC of 0.08% or higher is widely recognized as the threshold for a DUI throughout the United States. But in California and other states, the 0.08% limit only applies to adults ages 21 and above who are operating certain vehicles.

Here are the BAC limits for a DUI in California based on driver age, type of vehicle being driven, and other circumstances:

  • 0.08%: Age 21 and above and driving a standard vehicle 
  • 0.04%: Age 21 and driving a passenger for hire (such as a taxi, Uber, or Lyft)
  • 0.04%: Any age and driving a vehicle that requires a commercial driver’s license (CDL)
  • 0.01%: Under age 21 and driving a standard vehicle 
  • 0.01%: Any age and on probation for a previous DUI 

Substance use while driving

Exceeding the BAC limits in the previous section isn’t the only way to get a DUI in California. Drinking alcohol or consuming cannabis (which can include smoking weed, eating a THC-infused edible, or drinking a THC-infused beverage) while driving is also illegal in California. 

Actually, simply having open containers of any of these products in your car, even if you weren’t using them when pulled over, is illegal. If you are old enough to purchase alcohol and cannabis, these products must remain in sealed packages while you are transporting them. If you have opened or unsealed containers, they must be stored in the trunk while you are driving.

Drivers under the age of 21 may not have alcohol or cannabis in their car at all, regardless of whether or not the packaging is sealed. The only exception to this is if the sealed package is the property of a passenger who is age 21 or above.

Are There Any New California DUI Laws for 2026?

According to a Dec. 26, 2025, DMV press release, there are two new California DUI laws for 2026:

  • Assembly Bill 366 extended an existing law that regulates the use of ignition interlock devices (IIDs). AB 366 mandates that the state’s IID Pilot Program, which went into effect in 2019, will now run through Dec. 31, 2032. Under this law, repeat DUI offenders and drivers who cause an injury while under the influence are required to install an IID in their vehicle for a period of one to four years.
  • Assembly Bill 1087 increased the penalty for vehicular manslaughter while intoxicated. Prior to the passage of AB 1087, this crime could be considered a misdemeanor with a probation period of one year or a felony with a probation period of two years. The updated law sets a probation period of three to five years for this offense.

Penalties for Violating California DUI Laws

In California, the penalties for driving under the influence of alcohol or other drugs can vary depending on factors such as:

  • The driver’s age
  • The driver’s BAC (having a BAC of 0.15% or higher may trigger harsher punishment)
  • First offense vs. repeat DUI
  • If the DUI resulted in injuries
  • If there was a child in the car at the time of the DUI

Depending on these and other relevant factors, potential penalties for violating DUI laws in California may include:

  • Suspension or revocation of driver’s license
  • Impoundment of vehicle
  • Paying a fine and administrative costs
  • Jail (a first-time DUI may be punished with up to six months in a county jail)
  • Being required to attend a DUI program
  • Being required to install an ignition interlock device

Drivers who are charged with DUI may also incur significant attorney fees. If they are convicted, their insurance premiums are likely to increase substantially.

Find Addiction Treatment in Northern California

Getting a DUI can be a sign that you have a problem with alcohol or other drugs. If you need help to regain control of your behaviors and live a healthier life in recovery, Bright Future Recovery is here for you.

Our rehab in Northern California offers a full continuum of personalized care, including detox, residential treatment, and multiple outpatient options. 

To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.

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