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Use or Possession of Alcohol or Cannabis Products in a Vehicle
The law is very strict about use or possession of alcohol or cannabis products in a vehicle on or off the highway. It is illegal to drink any
amount of alcohol, or smoke or ingest any cannabis product while driving or riding as a passenger in a motor vehicle. A container of alcohol carried inside the vehicle must be full, sealed, and unopened; however, this law does not apply to nondriving passengers in a bus, taxi, camper, or motor home. An open container of alcohol must be kept in the trunk of the vehicle or a place where passengers do not sit. Keeping an open container of alcohol in the glove compartment is specifically against the law. In addition, the law prohibits the possession of an open container of cannabis or cannabis product when operating a motor vehicle.
Drivers Under 21 (Possession of Alcohol)
If you are under 21 years old:
• 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 is full, sealed, and unopened.
• If you are caught with an alcoholic beverage in your vehicle, the vehicle may be impounded for up to 30 days. The court may fine you up to $1,000, and either suspend your driving privilege for 1 year or require DMV to delay the issuance of your first DL for up to 1 year, if you are not already licensed.
• Your driving privilege will be revoked for 1 year, if you are convicted of either driving with a blood alcohol concentration (BAC) of 0.01% or higher or driving under the influence (DUI) of alcohol and/or drugs.
On the first offense you will be required to complete the educational portion of a licensed DUI program. A subsequent offense may require
a longer DUI program and you will not have a restricted DL to attend the DUI program.
Exception: You may carry alcoholic beverages in closed containerswhile working for someone with an off-site liquor sales license.
Drivers of All Ages
It is illegal to drive after consuming excessive amounts of 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 that impairs your ability to drive.
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 21 years old or older.
• 0.01% or higher, if the person is under 21 years old.
• 0.01% or higher, at any age if the person is on a DUI probation.
• 0.04% or higher, in any vehicle requiring a CDL—with or without a
CDL issued to the driver.
• 0.04% or higher, when a passenger for hire is in the vehicle at the time of the offense.
DMV can take an administrative action against your driving privilege after you are detained or arrested for a DUI. The court may take a separate action for the same offense. DMV’s action is related only to your driving privilege. The court’s action may involve a fine, jail time, delay of the DL and completion of a DUI program.
When notified of a DUI conviction by the court, DMV will take an additional action to suspend or revoke your driving privilege. Similar provisions (California Harbors and Navigation Code) apply when you operate any vessel, aquaplane, jet skis, 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