California DUI law does not change dramatically every year, but it does shift, and the details that are in effect right now are what matter to your case. This is a plain review of where California DUI law stands in 2026, the rules that are settled, and the areas where enforcement and the legislature continue to move. It is general information, current as of the review date above, and not legal advice for your specific situation.
The limits in effect in 2026
The core blood alcohol limits are unchanged and well settled. The standard limit is 0.08 percent for drivers 21 and over. Commercial drivers are held to 0.04 percent while operating a commercial vehicle. Drivers under 21 fall under the zero-tolerance rule, which makes any reading of 0.01 percent or more a basis for a license suspension under Vehicle Code 23136. Importantly, you can still be charged for driving under the influence below these numbers if an officer concludes your driving was actually impaired, because impairment, not only the number, is what the statute reaches.
Statewide ignition interlock is now routine
California's statewide ignition interlock requirement under Vehicle Code 23575.3, in effect since 2019, is now the normal course for DUI convictions. A first offense generally carries a 6-month requirement, and the period grows with the offense level. The interlock path is also how many drivers obtain a restricted license sooner rather than waiting out a full suspension. If you want to see how it applies to your facts, use the IID requirement checker.
Implied consent and refusals
The implied consent framework remains firmly in place. By driving in California you are deemed to have consented to a chemical test after a lawful DUI arrest, and refusing carries a longer license suspension and a possible sentencing enhancement. Courts continue to scrutinize whether the arrest was lawful and whether the driver was properly advised of the consequences, which is where many refusal allegations are challenged.
Drugs, cannabis, and impairment
Enforcement attention to drug-impaired driving, including cannabis and prescription medication, continues to grow. Because California has no per se limit for marijuana, these cases turn on proof of actual impairment rather than a number, and the Drug Recognition Expert evaluation is central and contestable. The framework is covered in detail in the guide on marijuana DUI in California.
What tends to change year to year
The areas that move most often are penalty amounts, program requirements, fee schedules, and the details of restricted-license and interlock administration. The legislature also periodically revisits enhancements and diversion options. None of this changes the basic structure of a DUI case: a criminal charge on one track and a DMV action on the other, with a 10-day deadline that does not wait. When a meaningful change takes effect, this page is updated to reflect it.
What to do right now
Whatever the year, the early steps are the same. Protect the 10-day DMV deadline, preserve your paperwork, and get the stop and the chemical testing reviewed. You can read the first 10 days after a DUI, walk through the DUI court process step by step, or get a free written case analysis below. You can also call me directly to talk through how the current rules apply to your case. You can also see more from the DUI blog.