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The penalties, from the manual

California DUI penalties: what the handbook publishes, and what it does not.

What the handbook publishes

What counts as illegal

The handbook lists five limits, and which one applies depends on who you are.

  • If you are over 21

    0.08% or higher

    PDF page 79

  • If you are under 21

    0.01% or higher

    PDF page 79

  • At any age, on DUI probation

    0.01% or higher

    PDF page 79

  • Driving a vehicle that needs a commercial license

    0.04% or higher

    PDF page 79

  • Driving a passenger for hire

    0.04% or higher

    PDF page 79

What a conviction costs

  • Jail

    Up to six months

    PDF page 80

  • Your license, on a conviction

    The DMV will suspend or revoke your driving privilege for one year

    PDF page 80

  • How long a DUI conviction stays on your record

    10 years, and another one inside that window can bring a further penalty

    PDF page 80

  • What else is required

    A DUI program, a California Insurance Proof Certificate, and any license reissue or restriction fees

    PDF page 80

  • An ignition interlock device

    May be required

    PDF page 80

What happens at the arrest, before any court

California's Administrative Per Se law makes this part automatic, and it runs on a clock.

  • Your license, at the arrest

    The officer may take it and give you a temporary one for 30 days

    PDF page 80

  • To ask the DMV for a hearing

    Within 10 days of the arrest

    PDF page 80

  • If you refuse the test

    The DMV suspends or revokes your driving privilege

    PDF page 80

How alcohol reaches those numbers

The handbook prints a blood alcohol table by sex, body weight and number of drinks, and it is the only one in the five manuals this site cites. It is reproduced in full below these three lines, which are the table's own notes.

  • What the table covers

    Body weights from 100 to 240 pounds, and 0 to 5 drinks

    PDF page 79

Blood alcohol concentration by body weight, sex and number of drinks

Body weight in pounds

DrinksSex100120140160180200220240
0M.00.00.00.00.00.00.00.00
F.00.00.00.00.00.00.00.00
1M.06.05.04.04.03.03.03.02
F.07.06.05.04.04.03.03.03
2M.12.10.09.07.07.06.05.05
F.13.11.09.08.07.07.06.06
3M.18.15.13.11.10.09.08.07
F.20.17.14.12.11.10.09.08
4M.24.20.17.15.13.12.11.10
F.26.22.19.17.15.13.12.11
5M.30.25.21.19.17.15.14.12
F.33.28.24.21.18.17.15.14
  • These are estimates. The handbook says so, and it adds that even one drink can affect your ability to drive safely.
  • M is male and F is female, which is how the handbook labels the two series.
  • Subtract 0.01% for each 40 minutes that lapse between drinks.
  • 1 drink = 1.5 oz. 80 proof liquor, 12 oz. 5% beer, or 5 oz. 12% wine.
  • Fewer than 5 persons out of 100 will exceed these values.

The handbook also prints three condition labels beside this chart. Which rows each label covers is drawn rather than written, so this page does not reproduce it. The legal limits are above.

PDF page 79

Every figure above carries the page of the official handbook it came from. Open it and check.

The official handbook

What the handbook does not publish

These are not on this page because the handbook does not carry them. Each one was searched for in the pinned document before it was written down.

  • What the fine is. The handbook says only that you may have to pay one (PDF page 80). It names no amount and no range anywhere.
  • What an ignition interlock device costs. The handbook says one may be required and stops there.
  • How long the knowledge test takes. No page of the handbook states a time limit.

Not one of the five manuals this site cites says what an ignition interlock costs, and four of them require or allow one.

This page reports what the official handbook states. It is not advice, and it says nothing about what would happen in any particular case.

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