California Driver Handbook

Action Resulting in Loss of License

Alcohol/Drugs while Driving

Alcohol/Drugs and Driving Is Dangerous

Alcohol and/or drugs impairs your judgment. Impaired judgment or good sense, affects how you react to sounds and what you see. It is also dangerous to walk in traffic or bicycle while under the influence of alcohol or drugs. It takes about an hour for the body to get rid of each “drink.” If a person has had more than one drink an hour, one hour of “sobering up” time should be allowed for each extra drink before driving. Better still, someone who has not been drinking should drive. (For information on designated drivers click here)

Much of what has been said about alcohol also applies to drugs. California’s drunk driving law is also a drug driving law. It refers to “driving under the influence of alcohol and/or drugs.” If an officer suspects that you are under the influence of drugs, the officer can legally require you to take a blood or urine test. Drivers who refuse these tests are subject to longer license suspensions and revocations. Anyone convicted of possessing, selling, or manufacturing illegal drugs is subject to a six-month driver license suspension.

The use of any drug (the law does not distinguish between prescription, over-the-counter, or illegal drugs) which impairs your ability to drive safely is illegal. Check with your physician or pharmacist and read the warning label if you are not sure that taking the medication will affect your driving. Here are some facts:

• Most drugs taken for colds, hay fever, allergy, or to calm nerves or muscles can make a person drowsy.
• Medicines taken together, or used with alcohol can be dangerous. Many drugs have unexpected side effects when taken with alcohol.
• Pep pills, “uppers,” and diet pills can make a driver more alert for a short time. Later, however, they can cause a person to be nervous, dizzy, and not able to concentrate. They can also affect vision.

Any drug that “may cause drowsiness or dizziness” is one you should not take before driving. Make sure you read the label and know the effects of any drug you use.

Carrying Alcohol In A Vehicle

The law is very strict about carrying alcohol or drugs in a vehicle whether the vehicle is on or off the highway. You must not drink any amount of alcohol in any vehicle.

A container of liquor, beer, or wine carried inside the vehicle must be full, sealed, and unopened. Otherwise, it must be in the trunk of the vehicle or in a place where passengers do not sit. Keeping an opened alcoholic drink in the glove compartment is specifically against the law.

In a bus, taxi, camper, or motor home, the law does not apply to non-driving passengers.

Refer to page 85 for the Designated Driver Program.

Drivers Under 21 (Possession of Alcohol)

If you are under 21 years of age:

• You may not carry liquor, beer, or wine inside a vehicle unless you are accompanied by a parent or other person as specified by law, and the container must be full, sealed, and unopened.
• If you are caught with an alcoholic beverage in your vehicle, it may be impounded for up to 30 days. The court may fine you up to $1,000 and either suspend your driving privilege for one year or require the DMV to delay the issuance of your first license for up to one year, if you are not already licensed.
• Your driving privilege will be revoked for one year, if you are convicted of either driving with a BAC of 0.01% or higher or driving while under the influence of alcohol and/or drugs. On the first offense you will be required to complete the educational portion of a licensed driving-under-theinfluence (DUI) program. A subsequent offense may require a longer DUI program and you will not have a restricted license to attend the DUI program.

Exception: You may carry alcoholic beverages in closed containers while working for someone with an off-site liquor sales license.

Drivers of All Ages

It is illegal to drive after consuming excessive alcohol in any form (including medications such as cough syrup), or taking any drug (including prescription medications), or using any combination of alcohol or drugs.

Blood Alcohol Concentration (BAC) Limits

It is illegal for any person to operate a vehicle with a:

• BAC of 0.08% or higher, if the person is age 21 or older.
• BAC of 0.01% or higher, if the person is under age 21.
• BAC of 0.01% or higher at any age if the person is on DUI probation.
• BAC of 0.04% or higher, in any vehicle requiring a commercial driver license (with or without a CDL issued to the driver).

The DMV can take an administrative action against your driving privilege after you are detained or arrested and the court may take a separate action (suspend, revoke or delay the license) for the same offense. DMV’s action is related only to your driving privilege. The court’s action may involve payment of a fine, jail time, suspension, or revocation of your driving privilege and completion of a DUI program.

Similar provisions (Harbors and Navigation Code) apply when you operate any vessel, aquaplane, water skis, or similar devices. These convictions are placed on your driving record and will be used by the court to determine “prior convictions” for motor vehicle DUI sentencing. These convictions are also used when determining the length of a suspension or revocation action or the reinstatement requirements because of a violation you committed while driving a motor vehicle.

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Drinking alcohol affects your Blood Alcohol Concentration (BAC). It is illegal to drive with a BAC that is .08% or more (.04% or more if you drive commercial vehicles; .01% or more if under 21). However, a BAC below .08% does not mean that it is safe or legal to drive. The charts below show the BAC zones for various numbers of drinks and time periods. Remember: “One drink” is a 1 1/2-ounce shot of 80-proof liquor (even if mixed with non-alcoholic drinks), a 5-ounce glass of 12% wine, or a 12-ounce glass of 5% beer. These “one drink” equivalents change if you are drinking ale, malt liquors, fortified wines, port, brandy, different proof liquor, or if you are drinking on an empty stomach, are tired, sick, upset, or have taken medicines or drugs.

Text Alternative for this BAC/DUI Chart

HOW TO USE THESE CHARTS: Find your weight chart. Then, look for the total number of drinks you have had and compare that to the time shown. If your BAC level is in the grey zone, your chances of having an accident are 5 times higher than if you had no drinks, and 25 times higher if your BAC level falls in the black zone.

BLOOD ALCOHOL CONCENTRATION CHART

BAC Zones	90 to 109 lbs.								110 to 129 lbs								130 to 149 lbs.								150 to 169 lbs.
Time from 1st drink	Total Drinks								Total Drinks								Total Drinks								Total Drinks
	1	2	3	4	5	6	7	8	1	2	3	4	5	6	7	8	1	2	3	4	5	6	7	8	1	2	3	4	5	6	7	8
1 hr
2 hrs
3 hrs
4 hrs

BLOOD ALCOHOL CONCENTRATION CHART Continued

BAC Zones	170 to 189 lbs.								190 to 209 lbs.								210 lbs. & Up
Time from 1st drink	Total Drinks								Total Drinks								Total Drinks
	1	2	3	4	5	6	7	8	1	2	3	4	5	6	7	8	1	2	3	4	5	6	7	8
1 hr
2 hrs
3 hrs
4 hrs

Technical note: These charts are not legal evidence of actual BAC. Although it is possible for anyone to exceed the designated limits, the charts have been constructed so that fewer than 5 persons in 100 will exceed these limits when drinking the stated amounts on an empty stomach. Actual values can vary by body type, sex, health status, and other factors.

Legend:

  (.01%–.04%) Possible DUI—Definitely unlawful if under 21 years old

  (.05%–.07%) Likely DUI—Definitely unlawful if under 21 years old

  (.08% Up) Definitely DUI*

*VC §§ 23152, 23153, 23136, 23140 DUI = Driving under the influence of alcohol and/or other drugs.

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