Alcohol, drugs and DUI

Key points

1. DUI laws cover legal medications too. The law makes no difference between illegal drugs and prescriptions.

   Source: Handbook p. 72

   “The law does not see a difference between illegal drugs and medications you get from a doctor or pharmacy.”
   California Driver's Handbook, Handbook p. 72

2. It is illegal to drive with a BAC of 0.08% or more if you are over 21, or 0.01% or more if under 21.

   Source: Handbook p. 73

   “0.08% or higher if you are over 21 years old. • 0.01% or higher if you are under 21 years old.”
   California Driver's Handbook, Handbook p. 73

3. The limit is 0.04% when driving a vehicle that needs a commercial license or a passenger for hire.

   Source: Handbook p. 73

   “0.04% or higher if you drive a vehicle that requires a commercial driver’s license. • 0.04% or higher if you are driving a passenger for hire.”
   California Driver's Handbook, Handbook p. 73

4. An alcohol or cannabis container must be sealed and unopened, or kept in the trunk. An open container in the glove box is illegal.

   Source: Handbook p. 72

   “If you are carrying alcohol or cannabis in your vehicle, the container must be sealed and unopened. If it is open, you must keep the container in the trunk or place where passengers do not sit. It is also illegal to keep an open container of alcohol in your glove box.”
   California Driver's Handbook, Handbook p. 72

5. Driving in California means you consent to a breath, blood or urine test if suspected of DUI.

   Source: Handbook p. 74

   “When you drive in California, you consent to a breath, blood, or urine test if a law enforcement officer suspects you of DUI.”
   California Driver's Handbook, Handbook p. 74

6. After a DUI arrest, the officer may take your license and give you a temporary license for 30 days.

   Source: Handbook p. 74

   “The law enforcement officer may take your driver’s license and give you a temporary driver’s license for 30 days.”
   California Driver's Handbook, Handbook p. 74

7. You may request a DMV hearing within 10 days of the arrest.

   Source: Handbook p. 74

   “You may request a DMV administrative hearing within 10 days from the date of your arrest.”
   California Driver's Handbook, Handbook p. 74

8. All DUI convictions remain on your driver's record for 10 years.

   Source: Handbook p. 74

   “All DUI convictions remain on your driver’s record for 10 years.”
   California Driver's Handbook, Handbook p. 74

9. For underage drivers, a PAS result of 0.05% or more can lead to a breath or blood test and DUI arrest.

   Source: Handbook p. 75

   “If your PAS shows a BAC of 0.05% or higher, the officer may require you to take a breath or blood test.”
   California Driver's Handbook, Handbook p. 75

10. For underage drivers, a DUI with a BAC of 0.01% or more can mean a one year revocation and a DUI program.

    Source: Handbook p. 75

    “If you are convicted of a DUI with a BAC of 0.01% or higher, DMV may revoke your driving privilege for one year.”
    California Driver's Handbook, Handbook p. 75

Numbers to know

3 questions from the California practice test

1. 1. Where must an open alcohol container be kept in an ordinary passenger vehicle?

   1. On the rear floor as long as the cap is attached
   2. In the glove box if the driver is sober
   3. In the trunk or another area where passengers do not sit
   4. Anywhere outside the driver's reach
   Show answer

   In the trunk or another area where passengers do not sit. An opened alcohol container cannot be kept in the passenger area of an ordinary vehicle. It must go in the trunk or another place where passengers do not sit. The glove-box choice is specifically wrong because the handbook says an open alcohol container may not be kept there. A clear cue is the broken seal: once the container is open, move it out of the seating area before driving.

2. 2. How long do DUI convictions remain on a California driver record?

   1. 10 years
   2. 18 months
   3. 3 years
   4. Only until all fines are paid
   Show answer

   10 years. California keeps every DUI conviction on a driver record for 10 years. The three year choice may sound familiar because some traffic convictions and collisions remain for 36 months or longer, but DUI has a specific 10 year record period. The cue is any conviction for driving under the influence, since later DUI penalties can depend on whether another DUI occurred within that decade.

3. 3. For a California driver age 21 or older operating a noncommercial vehicle, what is the lowest general per-se DUI BAC threshold?

   1. 0.04% or higher only when not towing
   2. 0.08% or higher
   3. 0.10% or higher after midnight
   4. Any reading only if a crash occurs
   Show answer

   0.08% or higher. For a noncommercial driver over 21, California sets the illegal BAC threshold at 0.08% or higher. The 0.04% figure belongs to commercial driver license vehicles and passenger for hire driving, so using it for every over-21 driver changes who the rule covers. A useful cue is the ordinary adult limit: eight hundredths is the number tied to drivers over 21, while lower numbers apply to probation, underage, or commercial situations.

Source: the California Driver's Handbook, Section 9: Alcohol and Drugs. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.