Drink-driving limits in California (2026)
Last reviewed: 29 October 2026
In short: The state sets a limit of 0.08% blood alcohol for ordinary drivers. Drivers under 21 face an offence at 0.01% or more, and commercial drivers at 0.04%. A first conviction brings 96 hours to six months in county jail and a fine of $390 to $1,000.
| Rule | What applies |
|---|---|
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Lower limit for novice or young driversDriving after drinking alcohol | A driver under 21 with a blood-alcohol concentration of 0.01% or more (preliminary alcohol screening or other chemical test) commits an offence; separately, under 21 with 0.05% or more by weight is unlawful. [2] |
| Limit for professional or commercial driversDriving after drinking alcohol | 0.04% or more by weight: unlawful to drive a commercial motor vehicle, or any motor vehicle with a passenger for hire in it. [1] |
| Maximum penaltiesDriving after drinking alcohol | First conviction of driving with 0.08% or more or under the influence: county jail of not less than 96 hours (at least 48 hours continuous) and not more than six months, and a fine of $390 to $1,000; driving privilege suspended. [3] |
Notes
- The state's official statute pages could not be read in this round, so nothing is stated for this field.
Sources
- California Legislative Counsel: California Code, VEH 23152 (Internet Archive snapshot of 23 September 2026) (consulted 29 October 2026) · all sources
- California Legislative Counsel: California Code, VEH 23136 and 23140 (Internet Archive snapshots of 3 April 2025 and 30 September 2026) (consulted 29 October 2026) · all sources
- California Legislative Counsel: California Code, VEH 23536 (Internet Archive snapshot of 18 September 2026) (consulted 29 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Limit for professional or commercial drivers | 0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register)) |
|---|
California and neighbouring states
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum penalties |
|---|---|---|---|---|---|
| California | 0.08% | 0.01% (under 21) | 0.04% (commercial, paid passengers) | ⚠ Not yet verified | 96 hrs-6 months jail; $390-$1,000 |
| Arizona | 0.08% | Zero (under 21) | 0.04% (commercial, for hire) | ⚠ Not yet verified | Min. 10 days jail, $250 fine |
| Nevada | 0.08% | 0.02% (under 21) | 0.04% commercial | ⚠ Not yet verified | Up to 6 months; $400-$1,000 fine |
| Oregon | 0.08% | Any amount (under 21) | 0.04% / any amount = out of service | ⚠ Not yet verified | Class A misdemeanour; fine min. $1,000 |
More rules in California
- CannabisPossession for personal use: Legal, 21+, within limits · Growing at home: Up to 6 plants, 21+
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph (2-lane undivided)
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (provisional licence) · Earliest age to drive a car supervised: 15½ (instruction permit)
- E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes (state-approved "safe and sane" only) · Minimum age to buy: 16 (safe and sane fireworks)
- Knives and pepper sprayFolding pocket knives: Dagger only if blade exposed and locked · Locking or one-handed knives: Switchblade of 2 in or more banned; thumb-stud OK
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $16.90 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes, age 16+ · Seat belt compulsory in rear seats: Yes, age 16+
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.