DUI Laws in California

Ignition Interlock Device Laws

California ignition interlock device laws vary depending on the location of the offense, the severity of the offense, and the conviction history of the driver.

• In Los Angeles, Alameda, Sacramento, and Tulare Counties, all drivers who are convicted of DUI are required to install ignition interlock devices on vehicles they own or operate.
• In other counties, interlock devices may be required at the discretion of the court.

License Suspension

Administrative Suspension

If a driver fails or refuses to take a field breathalyzer test upon being stopped for suspicion of DUI, the driver’s license will be automatically suspended by the Department of Motor Vehicles for a period of six months to six years, depending on the driver’s age, BAC, and conviction history.

For a driver under 21, the suspension will last until the driver’s twenty-first birthday under DUI laws.

Judicial Suspension

In most cases, convicted drivers will be subject to a period of license suspension after which they may apply for a restricted license which allows them to drive under the control of an ignition interlock device. The length of both the suspension and restriction periods depends on the conviction history of the driver.

First-time offenders face a six-month suspension and a five-month restriction period.
Four-time offenders are subject to a four-year suspension and may apply for a restricted license after 18 months.

Some DUI offenses, especially those involving an accident or injury to another person, may be charged as a felony rather than a misdemeanor. In these cases, suspension and restriction penalties are more severe.

Repeat offenses also trigger harsher penalties, and drivers convicted of a felony DUI involving injury or death will have prior misdemeanor convictions considered by the court in the imposition of sentence length and severity.