Everything You Need to Know about California DUI Laws in 2026
California’s DUI laws are changing. New IID requirements, evolving drug impairment standards, and federal technology mandates are reshaping how the state handles drunk and drugged driving.
Whether you’re trying to understand how these laws work or you’ve been injured by someone who broke them, here’s what you need to know heading into 2026.
Key Takeaways
- California has two ways to prove DUI. You can be convicted for driving “under the influence” even below 0.08% BAC if impairment is proven, or automatically at 0.08% or higher, regardless of how you were driving.
- Drug DUIs are rising, but harder to prosecute. Over half of drivers killed in crashes test positive for drugs, yet California has no “per se” drug limit as it does for alcohol. Prosecutors rely on blood tests, dashcam footage, and drug recognition experts.
- Stricter limits apply to rideshare and commercial drivers. Uber drivers, truckers, and other for-hire drivers are legally impaired at 0.04% BAC, half the standard limit.
- The IID program isn’t going anywhere. Governor Newsom extended California’s ignition interlock device requirements through 2033, keeping breathalyzer-equipped vehicles mandatory for certain offenders.
- If you were injured by a drunk driver, their violation becomes your evidence. California’s negligence per se doctrine means a DUI conviction automatically establishes the driver was negligent. You don’t have to prove recklessness separately.
California DUI Laws: 2025 Updates and 2026 Outlook
The statistics are frustratingly consistent. Despite decades of campaigns, alcohol-impaired driving fatalities still account for over 1,300 deaths in California annually. But the nature of “impairment” is changing, and the law is racing to catch up.
As we move into 2026, we are seeing a shift in how the state handles repeat offenders and drug-related DUIs. For example, the statewide pilot program requiring ignition interlock devices (IIDs) was set to end, but Assembly Bill 366 was passed to extend this mandate.
This means first-time and repeat offenders must install breathalyzers in their cars to prevent their licenses from being suspended. A move designed to stop them from getting back on the road and hitting someone else.
Looking further ahead, technology is about to force a major change. Under the federal Infrastructure Investment and Jobs Act, the NHTSA is mandated to require passive alcohol detection technology in all new passenger vehicles starting with the 2026-2027 model years. Eventually, cars simply won’t start if the driver is intoxicated.
The Core Statutes: Defining DUI in California (VC 23152)
To hold a driver accountable, we first have to define what they did wrong. California Vehicle Code (VC) 23152 is the standard statute for misdemeanor DUI. It actually breaks down into two main arguments prosecutors (and injury lawyers) use.
The “Impairment” Standard (VC 23152 a)
This section makes it illegal to drive under the influence of alcohol. Notice there is no number here. A driver can be arrested with a Blood Alcohol Concentration (BAC) of 0.05% if the officer can prove they were unable to operate the vehicle safely.
The “Per Se” Limit (VC 23152 b)
This is the standard everyone knows. It is illegal to drive with a BAC of 0.08% or higher. If a chemical test proves the driver was over this limit, they are guilty “per se” (in itself), regardless of how well they were driving before the crash.
The Drug Shift (VC 23152 f)
Alcohol isn’t the only problem anymore. In fact, 50.3% of drivers killed in crashes who were tested for drugs came back positive. VC 23152(f) makes it illegal to drive under the influence of any drug. Since there is currently no “per se” limit for drugs like there is for alcohol, proving these cases often relies on dashcam footage, blood tests, and Drug Recognition Evaluator (DRE) reports.
BAC Limits at a Glance
| Driver Type | BAC Limit |
| Standard Driver | 0.08% |
| Commercial Driver (CDL) | 0.04% |
| Rideshare (Uber/Lyft) | 0.04% |
| Under 21 / Probation | 0.01% |
DUI with Injury: When DUI Becomes a Felony (VC 23153)
If you were injured in the crash, the driver likely won’t just face a standard DUI charge. They will face California Vehicle Code 23153.
This statute applies when a driver is under the influence and commits a negligent act that causes bodily injury to someone else. This is a critical distinction for your personal injury case. The law treats this much more harshly than a standard DUI.
The “Wobbler” Offense
In California, VC 23153 is known as a “wobbler.” This means the prosecutor can charge it as either a misdemeanor or a felony, depending on the specifics of the case and, crucially, the severity of your injuries. If you suffered broken bones or require surgery, the state is more likely to pursue a felony conviction.
This classification matters to us as civil lawyers because a felony conviction on the driver’s record is undeniable proof of their negligence.
Administrative vs. Criminal vs. Civil Penalties
When a drunk driver hits you, they effectively start three different legal fires. Understanding the difference helps you know where to look for justice.
1. Administrative (The DMV)
This happens almost immediately. The DMV will move to suspend the driver’s license. With the current IID extension, they may be forced to install a breathalyzer to keep driving. This protects the public, but it doesn’t get you compensation.
2. Criminal (The Courts)
The District Attorney presses charges to punish the offender. Penalties include fines, jail time, and probation. While the court can order mandatory victim restitution, criminal courts often focus purely on out-of-pocket expenses, missing the bigger picture of your pain and suffering.
3. Civil (The Lawsuit)
This is where DK Law steps in. We use the evidence from the first two tracks—the police report, the blood test results, the criminal conviction—to build a case for your financial recovery.
We use a legal concept called negligence per se. California law (Evidence Code 669) presumes a driver was negligent if they violated a statute designed to protect people, like the DUI laws. The jury instruction CACI No. 418 tells jurors that if the driver broke the DUI law, they are automatically considered negligent. We don’t have to prove they were driving badly; the DUI conviction proves it for us.
Punitive Damages: A Unique California Remedy
In a standard car accident, you can get money for bills and pain. But DUI cases are different. The California Supreme Court ruled in Taylor v. Superior Court that driving drunk can constitute “malice.”
This means we can sue for Punitive Damages. These aren’t designed to pay you back; they are designed to punish the driver for their reckless behavior. It is extra money awarded specifically because the driver chose to get behind the wheel while intoxicated.
Special Circumstances: Rideshare and Repeat Offenders
Not every driver is treated the same. The laws are tighter for people who drive for a living or have a history of bad decisions.
Rideshare Drivers (Uber/Lyft)
You might think an Uber driver has the same 0.08% limit as you, but that changed back in 2018. When a rideshare driver has a passenger or the app is on, their limit drops to 0.04%. This matches the standard for commercial truck drivers.
The “Watson Murder” Rule
In extreme cases where a repeat offender kills someone, the charge can escalate to second-degree murder. This stems from the People v. Watson case. If a driver has a prior DUI and signed a “Watson advisement” (acknowledging that DUI can kill), and they do it again, the law says they acted with “implied malice.” Recent cases, like People v. Pierce, show that California courts are willing to uphold murder convictions for egregious DUI behavior.
If You Were Hit by a Drunk Driver: Your Next Steps
The criminal system will deal with the driver, but you need to deal with your recovery. The most important thing to remember is that you don’t have to wait for the criminal trial to finish before you start your civil case.
In fact, waiting can hurt you. We need to secure evidence like body-cam footage and the “black box” data from the driver’s car before it gets deleted.
We also ensure you get paid. Even if the driver claims they have no money, a restitution order in a DUI case acts like a civil judgment. It allows us to pursue wage garnishments or bank levies aggressively, often for years, until you are made whole.
If your life has been altered by someone violating these laws, DK Law fights to ensure they pay for more than just a court fine. We turn the laws they broke into the justice you deserve.
Call today for a free consultation.
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