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In addition to legal penalties and fines, car insurance rates increase by an average 145 percent after a DUI in California.
In 2022, 4,428 people died in car crashes in California, with one-third of fatalities involving a driver with a BAC of 0.08 or higher, according to National Highway Traffic Safety Administration data.
California punishes DUI convictions with imprisonment, fines, license suspensions, SR-22s, and points on your driving record. On top of that, the cost of your car insurance could more than double with a DUI conviction on your driving record.
Editor’s note (last updated October 24, 2024): We have updated this page with the latest pricing data and DUI laws for the state of California.
We’ve compiled all of the DUI penalties according to the California Legislature.
These are the penalties for private drivers who drive for personal reasons. However, there are different penalties and BAC maximums for commercial and rideshare drivers. Instead of the standard 0.08 percent for drivers 21 and over, the maximum BAC for these groups is 0.04 percent.
DUI penalties by BAC | 0.08% and higher | 0.05% and higher | |||
---|---|---|---|---|---|
Age of driver | 21 and older | 21 and older | 21 and older | 21 and older | Under 21 |
Offense number | 1 | 2nd within 10 years of 1st violation | 3rd within 10 years of 1st violation | 4th or subsequent within 10 years of 1st violation | 1 |
Minimum imprisonment | 96 hours to 6 months (at least 48 continuous unless it would affect person’s work schedule) | 90 days | 120 days | 180 days | None |
Maximum jail time | 6 months | 1 year | 1 year | 3 years | None |
Minimum fine | $390 | $390 | $390 | $390 | $100 |
Maximum fine | $1,000 | $1,000 | $1,000 | $1,000 | $250 |
Driving privilege suspension | Up to 6-month license suspension | 2-year license suspension | 3-year license revocation | 4-year license revocation | 1-year license suspension |
Participation in licensed DUI program | Yes | Yes | Yes | Only if they have never participated | Yes |
SR-22 required | Yes | Yes | Yes | Yes | Yes |
Ignition interlock requirement | Non-injury offense: Not required
Injury or vehicular manslaughter offense: 1 year |
Non-injury offense: 1 year
Injury or vehicular manslaughter offense: 2 years |
Non-injury offense: 2 years
Injury or vehicular manslaughter offense: 3 years |
Non-injury offense: 3 years
Injury or vehicular manslaughter offense: 3 years |
Non-injury offense: Not required
Injury or vehicular manslaughter offense: 1 year |
Points on driver’s license | 2 | 2 | 2 | 2 | 2 |
California’s ignition interlock requirement is part of a statewide pilot program. It applies to offenses between Jan. 1, 2019, and Dec. 31, 2025.
You can install an ignition interlock device to obtain restricted license privileges, even if the court doesn’t require it. The other option to get a restricted license is to enter an employment/treatment program. With a restricted license, you’ll be able to drive to and from your job and DUI program. Both options require a $55 or $125 reissue fee (depending on whether the court or the California DMV ordered your license suspension) and a $15 restriction fee.
Drivers under 21 must have a BAC below 0.01%. Aside from license suspensions, young drivers convicted of DUI may be required to participate in California’s Youthful Drunk Driver Visitation Program in order to discourage recidivism. During this program, they may visit trauma facilities, morgues, or coroners’ offices to see firsthand the consequences of drunk driving.
In California, a DUI will stay on your record for 10 years. After 10 years, it may not be on your driving record, but it will remain on your criminal record indefinitely.
You’ll need to have your insurance company file an SR-22 with California’s Department of Motor Vehicles (DMV). An SR-22 proves that you have the state’s minimum required coverage. You’ll typically have to maintain it for three years following your reinstatement date.
While the filing fee is only $15 to $40, SR-22 insurance is more expensive, as it designates you as a high-risk driver with a bad driving history.
Car insurance in California can be expensive, especially after a DUI.
On average, car insurance in California costs 145 percent more after a DUI than for someone with a clean driving record. Here are the average rates by company:
Average annual cost of car insurance in California | Clean record | DUI | Percentage increase |
---|---|---|---|
Overall | $1,939 | $4,757 | 145% |
Mercury | $1,236 | $3,027 | 145% |
GEICO | $1,161 | $3,662 | 215% |
Progressive | $1,361 | $3,307 | 143% |
Farmers | $3,240 | $3,569 | 10% |
AAA | $1,817 | $5,188 | 186% |
State Farm | $1,376 | $5,260 | 282% |
CSAA | $1,910 | $7,340 | 284% |
According to the California Insurance Code, insurance companies can cancel your policy if your license or registration is suspended or revoked. However, companies must inform you at least 20 days before your policy expires. Keep in mind your coverage won’t work retroactively, so you may be responsible for your damages.
It is possible to find car insurance in California after a DUI, but it may be difficult.
Based on their low average rates, Mercury, Progressive, and Farmers are the cheapest and best DUI insurance companies in California.
If you’ve shopped the market and can’t find a provider, California offers the California Automobile Assigned Risk Plan as a last resort. Under the plan, you’re guaranteed coverage. Use the below contact information to learn more:
Another option is to self-insure your vehicles. However, that will require a $35,000 cash deposit with the DMV or in a surety bond from a California-licensed business. Call 916-657-6520 to learn more about self-insurance.
Finding cheap car insurance in California may be next to impossible with a DUI on your record, but here are some ways to keep your premium as low as possible.
A DUI will raise your insurance rates in California, and potentially make it difficult to find insurance at all. As a last resort, finding high-risk car insurance is possible in California through the state’s assigned risk pool.
To keep your car insurance premium low and avoid penalties, make sure your BAC is under 0.08 percent if you’re 21 or over, or under 0.01 percent if under 21, before you drive. Additionally, avoid reckless driving in any form, and make sure you have proof of insurance anytime you drive.
While California has tough license suspensions and revocations following a DUI conviction, it is lax when it comes to fines and imprisonment. For example, no matter the offense number, fines will be between $390 and $1,000, and the maximum imprisonment is one year for first and second offenses. Imprisonment time increases to three years after the third and subsequent DUI offenses. Plus, each offense will add only two points to your driver’s license, which is relatively minimal.
To get a DUI dismissed in California, you will need to prove that you were not driving with a BAC of 0.08 percent for those 21 and over or 0.01 percent for those under 21. Common defenses include an incorrect breathalyzer test. Your best chance of getting a DUI dismissed is to hire a DUI attorney, as even a first offense could result in up to six months of imprisonment.
MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES. SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA.
https://www.alameda.courts.ca.gov/system/files?file=ala-cr-002b-misdemeanor-plea-attachment-re-dui-penalties.pdf
FINANCIAL RESPONSIBILITY (INSURANCE) REQUIREMENTS FOR VEHICLE REGISTRATION. State of California Department of Motor Vehicles. (2023).
https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/financial-responsibility-insurance-requirements-for-vehicle-registration-ffvr-18/
Automobile Insurance Information Guide. California Department of Insurance. (2018, Feb).
https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm
California Automobile Assigned Risk Plan. AiPSA. (2023).
https://www.aipso.com/Plan-Sites/California-ARP