DUI in California: the law, the limits and the device
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California calls it DUI — driving under the influence, and you will see drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What California law actually requires
California runs a statewide pilot program covering offenses from 1 January 2019 through 31 December 2032. Fit the device and you may drive anytime and anywhere, as long as the vehicle has one. A first offense that involved neither drugs alone nor injury is excluded from the mandate altogether — the requirement starts with injury or a prior conviction.
- First offense: None for a first non-injury offense; 1 year if it caused injury; with one prior, 1 year (2 with injury); with two, 2 years (3 with injury); with three or more, 3 years
- Lockout threshold: Set by the certified device standard adopted by the state
- Program run by: California DMV, on the court abstract of conviction
Source: www.dmv.ca.gov, checked 2026-08-23
DUI vs DUI in California
In California there is one offense and one label. If you have seen DWI, OWI or OVI used elsewhere, that is another state’s vocabulary for the same conduct — nothing about the seriousness changes when you cross a state line, only the letters on the paperwork.
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a DUI on a bike or a horse in California?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
Where this state departs from the national picture
Most of what people read about drunk driving is written for the country as a whole. These are the points where California does something of its own.
SR-22 for 3 years
California calls it the Insurance Proof Certificate. After an insurance-related suspension the proof must be filed and maintained with the DMV for three years under CVC § 16430 — and it keeps running after the restriction period itself has ended.
How often this happens in California
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These CA counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. California runs above the national share.
What it costs to get driving again in California
California is one of the few states that publishes what a provider may charge, so a quote here is checkable against the regulation rather than against another quote.
California costs, providers and all 396 cities with centers →
The two clocks in California
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
California cities
The county that hears your case is set by where the stop happened, and local practice differs across the state.
DUI questions in California
Is it called DUI or DUI in California?
California uses DUI — driving under the influence. You will also see drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in California?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the certified device standard adopted by the state
How long does the interlock stay on after a first offense in California?
None for a first non-injury offense; 1 year if it caused injury; with one prior, 1 year (2 with injury); with two, 2 years (3 with injury); with three or more, 3 years The program is run by California DMV, on the court abstract of conviction.
Can you get a DUI on a horse or a bicycle in California?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
A first DUI here →When a DUI is a felony in California →
When a charge becomes a felony → The test and the refusal → How long it stays on your record →California class requirements →California SR-22 rules →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.