California

Implied Consent Laws

Drugs

CA 23612 - Learn More
A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.

Blood

CA 23612 - Learn More
A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.

Urine

CA 23612 - Learn More
A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test.

Oral Fluids

No Data Available
No Data Available

Other

No Data Available
No Data Available

DUI Statutes

Drugs

CA 23152(f) - Learn More
It is unlawful for a person who is under the influence of any drug to drive a vehicle.

Combined/Multiple Substance

CA 23152(g) - Learn More
It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

CA 23612(5)(e) - Learn More
If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person's privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
However, motions to suppress are generally based upon:
Violation of any Title 17 procedures (the rules police must follow to administer chemical tests), evidence that the device was not properly calibrated or maintained, police did not explain to you that the PBT/PAS was optional before asking you to take it, and mouth alcohol, a medical condition, or rising BAC were a factor in your breath test results

Criminal Trial

Yes
See above

ALR Laws

Cannabis

CA 12806(a) Learn More
The department may refuse to issue to, or renew a driver's license of, any person:
(a) Who is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.

Length/Time of Restriction

CA 12818 - Learn More
 Can vary

Hardship License Available

Yes
 Can vary

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Yes
Interlock in CA is possible even with non-alcohol DUI

Other Drugs

Yes

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available
CA 23136 - Learn More appears to only cover alcohol for those under 21 years of age

Cannabis Per Se Statute

None

Threshold

None

Nanogram Limit

None

DUI Standards

In California, it is unlawful to drive under the influence of any drug. However, the state must show that the substance impaired the driver, not simply that the driver ingested the drug and then subsequently drove. There is no exception for lawful users of medical marijuana.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

CA 23152(f) - Learn More
Same penalties generally apply

Are the Impaired Driving Penalties the Same for Alcohol?

First offense – a period of 96 hours to 6 months in jail; fine of $390 to $1000; license suspension of 6 months; offender must complete a DUI program. Id. § 23536(a)-(d).
Second offense (w/i 10 years) – a period of 90 days to 1 year in jail; fine of $390 to $1000; license suspension for 2 years; offender must complete a DUIU program. Id. §§ 23540 (a)-(c).
Third offense (w/i 10 years) – a period of 120 days to 1 year in jail; fine of $390 to $1000; license suspension 3 years; ignition interlock device required; offender must complete DUI program. Id. §§ 23546(a)-(b).
Fourth and subsequent offense (w/i 10 years) – imprisonment for a period of 180 days to 1 year; fine of $390 to $1000; license suspension 4 years; ignition interlock device required; offender must complete DUI program. Id. §§ 23550 (a)-(b).

Are Combined Substances Mentioned in DUI Statute?

CA 23152(g) - Learn More
Section 312 of the California Vehicle Code states that a drug is, "… any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions."

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense – a period of 96 hours to 6 months in jail; fine of $390 to $1000; license suspension of 6 months; offender must complete a DUI program. Id. § 23536(a)-(d).
Second offense (w/i 10 years) – a period of 90 days to 1 year in jail; fine of $390 to $1000; license suspension for 2 years; offender must complete a DUIU program. Id. §§ 23540 (a)-(c).
Third offense (w/i 10 years) – a period of 120 days to 1 year in jail; fine of $390 to $1000; license suspension 3 years; ignition interlock device required; offender must complete DUI program. Id. §§ 23546(a)-(b).
Fourth and subsequent offense (w/i 10 years) – imprisonment for a period of 180 days to 1 year; fine of $390 to $1000; license suspension 4 years; ignition interlock device required; offender must complete DUI program. Id. §§ 23550 (a)-(b).

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

Aggravating Factors:
Having a child less than 14 years of age as a passenger in the vehicle at the time of a DUI offense results in increased jail time. The minor-passenger enhancement adds a mandatory 48 hours in jail for a first offense, 10 days for a second offense, and 30 days on a third offense.

Statutes with THC Listed as Delta 8, 9, 10, or 11

California Health and Safety Code Sections 11053 through 11058. Learn More
These controlled substances are listed as Schedule I.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

Proposition 64 - Learn More
The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state's medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales.

Underage Cannabis Laws and Penalties

Underage Possession

Using a minor in the unlawful sale or transport of marijuana is a Felony punishable by 3-7 years imprisonment.

Underage Consumption

Inducing a minor to use marijuana is also a Felony punishable by 3-7 years imprisonment.

Underage Purchase

Using a minor in the unlawful sale or transport of marijuana is a Felony punishable by 3-7 years imprisonment. 

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Medical marijuana users under 21 may use and cultivate medical marijuana with a doctor's recommendation (and, if they are under 18, the consent of a parent).

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Inducing a minor to use marijuana is also a Felony punishable by 3-7 years imprisonment.

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is 14-17 years old is a felony punishable by 3-5 years imprisonment. Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment.

Other

 A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense. For each drug-related conviction that a person 13-20 years old may receive, their driving privileges are suspended for 1 year, but if the person does not yet have the privilege to drive, suspension will begin at the time the person becomes legally eligible to drive.
California Vehicle Code § 13202 - Learn More
California Vehicle Code § 13202.5 - Learn More