New updates to California DUI laws have many people wondering what they mean for them and their driving rights.
By 2025, the new updates are now in effect and create an opportunity to review DUI offenses, the potential penalties you may receive, and how your driving privileges may be impacted.
If you’re facing a DUI charge for the first time or if this is a repeat offense, having a basic understanding of what constitutes a DUI in California and what to expect from the process will help protect your rights.
What Counts as a DUI in California?
In California, driving under the influence means operating a vehicle while impaired by alcohol, drugs, or both.
The law applies even if your blood alcohol concentration (BAC) is below the legal limit, as long as the officer believes your driving ability was affected.
Under California Vehicle Code Sections 23152, a person can be charged for:
- Driving with a BAC of 0.08% or higher (standard limit).
- Operate a vehicle while under the influence of either alcohol or drugs. This includes prescribed medications as well as over-the-counter medications.
- A Commercial Driver’s License holder with a BAC level of 04% or higher.
- An underage driver (under age 21) with any measurable amount of alcohol in his/her body.
Even refusing a breath test or blood test can trigger automatic license suspensions through California’s Administrative Per Se (APS) program.
DUI Laws in California – 2025 Updates
In 2025, changes in DUI laws in California are about increasing enforcement and monitoring. These are some key changes that have been made:
- Ignition Interlock Devices (IID): The courts have increased authority to order IID on a first offense DUI case. An individual will be required to use an IID for up to 30 days prior to having his/her regular driver’s license privileges restored.
- Enhanced penalties for repeat offenders: In cases where there has been two or more DUI offenses within ten years, you may face longer license suspension or revocation and possibly longer DUI probation terms.
- Expanded testing requirements: Police officers can now request a chemical test if they believe that an individual is impaired by cannabis or another prescription drug.
- Harsher commercial license DUI rules: New state guidelines to regain your CDL after a commercial driver dui offense are now stricter.
Overall, this represents a continuing trend from the state to decrease both alcohol-related and drug-impaired vehicle accidents throughout the state.
Current Penalties for DUI Offenses
The penalties under California DUI laws depend on factors like prior offenses, BAC level, and injury involvement. For a first-time offender, penalties often include:
- A fine that could range from $390 to $1000; plus court costs.
- Loss of license for a minimum of one month to a maximum of 6 months.
- DUI probation lasting three to five years.
- Completion of mandatory DUI Education Classes.
- Installation of an Ignition Interlock Device (IID).
More serious penalties including loss of license, fines, and even jail time are potential consequences for repeat offenders.
If you have a DUI case that involves an injury or damages to others’ property, it is considered a felony and thus will result in much harsher penalties than misdemeanor DUI charges.
A Los Angeles DUI Lawyer can help explain how a conviction for a DUI offense will affect your ability to operate a vehicle and assist you in developing a defense strategy to best protect your interests.
DUI and Drugs: Cannabis and Prescription Medications
While DUI law in California only covers alcohol impaired drivers, it also includes impaired drivers who have used marijuana or prescription medications.
As mentioned above, simply because you have legal marijuana does not mean you cannot be charged with a DUI.
Law enforcement officials use blood tests or Drug Recognition Experts (DREs), who are specifically trained to detect drug impairment, to determine whether a person is impaired by marijuana or another medication.
However, a key issue with drug-related DUI cases is that the THC levels in a person’s body do not necessarily correspond with the level of impairment; thus, drug related DUI cases are much more difficult to prove than DUI cases that involve alcohol.
The same applies to prescription medications, which can cause drowsiness and slower reaction times, resulting in DUI charges if the driver is impaired while operating a vehicle.
Therefore, when dealing with DUI cases involving substances other than alcohol, it is essential that you seek the assistance of a qualified DUI attorney.
DUI for Commercial and Underage Drivers
There are also specific laws governing the DUIs for Commercial and Juvenile drivers. The BAC level at which a driver is considered DUI varies between them.
A Commercial Driver will be arrested and lose his/her license immediately if he/she has a BAC of 0.04%.
Commercial Drivers can lose their jobs (and licenses) because of a DUI arrest, so they should seek the advice of a DUI Lawyer as soon as possible after being stopped by the police.
Juvenile Drivers are subject to California’s Zero Tolerance Law. If there is ANY detectable amount of alcohol in a Juvenile Driver’s system, that driver is subject to:
- A DUI Arrest
- A 1-year suspension of his/her license
- Participation in an alcohol education program
The penalty levels for DUI arrests for Commercial and Juvenile Drivers are so severe, that if either type of driver is arrested for DUI, they should seek the services of a Los Angeles DUI Lawyer to protect their driving privileges and their future.
DUI Expungement and Record Clearing
After completing your sentence or probation, you may be eligible to have your record cleared.
DUI expungement allows you to remove a conviction from your public criminal record, which can make employment, licensing, and housing opportunities easier to access.
However, it doesn’t erase prior offenses for future penalties. If you’re charged again, the expunged conviction can still count as a prior DUI.
Most people ask, “Is DUI a Felony or a Misdemeanor?” It’s a fair question — and the answer often depends on your case details.
Speaking with an experienced attorney can help you understand your options, determine if you qualify for expungement, and guide you through the record-clearing process.
What to Do If You’re Charged with a DUI
Charged with a DUI can be a very frustrating experience, however knowing exactly what to do next makes a big difference to your result.
Here are the things you need to do NOW:
- Keep calm & Cooperate: Don’t dispute or fight when being arrested.
- Get Legal Representation: Politely say no to all of the officers’ questions until you speak to a lawyer.
- File a DMV Hearing Request: You have 10 days from the date of your arrest to file a DMV Hearing Request to challenge your License Suspension.
- Document Everything: Document all details of your Stop, Field Tests, Officer Behavior etc.
A skilled Los Angeles DUI Attorney can review your case for errors — such as improper breath test procedures or inaccurate chemical test results — and use these issues to build a strong defense.
Depending on your situation, your lawyer may also explore top DUI Defenses like unlawful traffic stops, faulty calibration, or lack of probable cause.
You can also review related topics such as DUI vs DWI, DUI Resulting in Death.
If it’s your first time, learning more about a First Offense DUI will help set expectations.
A Modern Look at The DUI Law in California
The California DUI laws are changing over time, as well as becoming much tougher on those that commit DUI’s. The new technologies in the field of chemical testing (i.e., breathalyzers) are making it easier to determine if an individual is operating a vehicle while intoxicated.
In addition, there are much stiffer penalties for individuals convicted of DUI’s who are repeat offenders. Even small mistakes could result in significant long-term repercussions.
That said, simply because you are charged with a crime does not automatically make you guilty. Each DUI case is unique, and a good lawyer will be able to develop a defense strategy to protect your driving privileges, your driver’s license, and your future.
If you have been arrested under the California DUI laws, or if you have DUI-related questions, do not delay seeking counsel from a reputable DUI attorney in Los Angeles to discuss your potential options and guide you through each phase of the DUI process.
References
- org. (n.d.). California DUI laws.
- Kareem Law. (n.d.). California DUI laws: What every driver needs to know in 2025.
- CJM Defense. (n.d.). What are the new DUI laws in California?
- Earl Carter Law. (2025, September). California DUI laws in 2025: What you need to know about recent changes.
- law. (n.d.). California DUI penalties, consequences & laws.
- Tarman Law. (2025, February). Class A CDL DUI in California.