What is the legal blood alcohol limit in California?

What the Law Says

California law sets different legal blood alcohol concentration (BAC) limits depending on the driver’s age, license type, and legal history.

For drivers aged 21 and older operating non-commercial vehicles, the maximum legal BAC is 0.08%. Exceeding this level makes it unlawful to drive.

Commercial drivers — those holding a commercial driver’s license (CDL) — face a stricter limit of 0.04% while operating any vehicle.

Drivers under age 21 — and anyone on DUI probation — are subject to California’s zero-tolerance policy: a BAC of just 0.01% or higher is illegal.

These limits are defined in the California Vehicle Code and trigger automatic administrative penalties through the DMV, including license suspension.

Statutory Text

It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

— Vehicle Code § 23152(b) — Driving with 0.08% BAC or more

Statutory Text

It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.

— Vehicle Code § 23152(d) — Commercial drivers

Statutory Text

It is unlawful for any person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

— Vehicle Code § 23136(a) — Zero tolerance for under-21 drivers

Statutory Text

It is unlawful for any person on probation for driving under the influence to drive a vehicle while having 0.01 percent or more, by weight, of alcohol in his or her blood.

— Vehicle Code § 23140(b) — DUI probationers

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