California Alcohol Laws: DUI, Underage Rules, and Dram Shop Liability

California alcohol laws set the drinking age at 21, make it illegal to drive with a blood alcohol concentration of 0.08% or higher, ban open containers in the passenger area of a vehicle, and prohibit licensed sellers from moving alcohol between 2:00 a.m. and 6:00 a.m. Underage possession, furnishing alcohol to minors, and DUI all carry criminal penalties, and the Department of Alcoholic Beverage Control (ABC) regulates every business that sells or serves.

Who Can Sell Alcohol, and When

Any business selling alcohol in California needs a license from the ABC. On-sale licenses cover bars and restaurants where customers drink on the premises; off-sale licenses cover packaged products sold to take elsewhere. Within each category are narrower types, such as an on-sale general license for a bar serving beer, wine, and spirits, or an off-sale beer and wine license for a retailer limited to sealed containers of those two.¹

Sellers must check the age of any customer who might be under 21 and can refuse service to anyone without valid ID.²

Sales stop between 2:00 a.m. and 6:00 a.m. at every licensed business, whether bar, restaurant, or store. Knowingly buying alcohol during those hours is itself a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.³ The ABC can separately suspend or revoke the seller’s license.

Open Containers and Drinking in Public

California has no single statewide ban on drinking in public. Cities and counties set their own rules, and most prohibit drinking on streets, sidewalks, and in parks unless a licensed event allows it. Violating a local ordinance is usually an infraction with a citation and fine.

The statewide rule covers vehicles. Drivers and registered owners cannot keep any opened or partially consumed container of alcohol in the passenger area of a car. An open container must go in the trunk. If there is no trunk, it has to be stored somewhere the driver and passengers do not normally occupy, and a glove compartment does not qualify. Off-highway vehicles without a trunk have to use a locked container, such as one with a padlock or key lock. The living quarters of a motorhome or camper are exempt.⁴ A violation is an infraction. The fine can reach several hundred dollars once court fees and penalty assessments are added.

DUI Limits and Impaired Driving

It is illegal to drive while impaired by alcohol, drugs, or any combination. Independently, driving with a BAC of 0.08% or higher is illegal regardless of how your driving looks. Commercial drivers face a lower limit of 0.04%.⁵

Drivers under 21 face zero tolerance. Any measurable BAC of 0.01% or greater is unlawful, and refusing the preliminary screening test can trigger a one-year to three-year license suspension on its own.⁶

A BAC below 0.08% does not automatically clear you. If an officer observes unsafe driving, poor field sobriety performance, or other signs that alcohol has impaired your ability to drive safely, that evidence alone can support a DUI conviction under the impairment prong of the statute.⁵

DUI Penalties

Penalties climb with each conviction inside a ten-year window. Base fines all run from $390 to $1,000, and mandatory court fees and penalty assessments push the actual amount owed well above that.

First offense: 96 hours to six months in county jail, with at least 48 consecutive hours, and a six-month license suspension.⁷
Second offense within 10 years: 90 days to one year in county jail and a two-year license suspension.⁸
Third offense within 10 years: 120 days to one year in county jail, a three-year license revocation, and designation as a habitual traffic offender for three years.⁹
Fourth offense within 10 years: Can be charged as a felony carrying 180 days to one year in county jail or a state prison term, plus a four-year license revocation and habitual traffic offender status.¹⁰

The DMV also imposes a separate administrative suspension at the time of arrest, independent of the court case. A first arrest with a BAC of 0.08% or higher triggers a four-month suspension. A second or subsequent arrest results in a one-year suspension.¹¹ These run alongside anything a court later orders.

Ignition interlock devices are mandatory for repeat DUIs and for any DUI involving injury. A second offense requires one year with an IID, a third offense two years, and four or more offenses three years. First offenses without injury do not require an IID, though a judge can order up to six months, and drivers can install one voluntarily to keep restricted driving privileges. Drivers with a prior felony DUI face a three-year IID term for a non-injury offense and four years if the offense involved injury or vehicular manslaughter.¹²

Chemical Testing and What Happens If You Refuse

Driving on California roads is treated as advance consent to a chemical test of your blood or breath after a lawful DUI arrest. You choose between blood and breath; if neither is available, a urine test can be required. Officers must tell you what refusing will cost.¹³

Refusal does not help. It triggers a longer administrative suspension than a failed test would, and a later DUI conviction picks up mandatory jail time and enhanced fines on top of the standard penalties. Refusal suspensions run one year for a first refusal, two years for a second within ten years of a prior DUI-related offense, and three years for a third or later within that window.¹³

For a driver with no prior DUI history, failing the test carries a four-month administrative suspension. Refusing it triples that to a full year with no restricted-license option.¹¹

Underage Possession and Purchase

Possession of alcohol by anyone under 21 on a public street, highway, or any place open to the public is a misdemeanor. A first offense carries a $250 fine or 24 to 32 hours of community service. A second or later offense raises the fine ceiling to $500 and the community service range to 36 to 48 hours, and a court can impose both.¹⁴

Trying to buy alcohol from a licensed seller is treated more lightly, as an infraction with a $250 fine or 24 to 32 hours of community service.¹⁵

Furnishing Alcohol to Someone Under 21

Providing alcohol to anyone under 21 is a misdemeanor no matter where it happens: a house party, a park, a restaurant table. A first offense carries a $1,000 fine that cannot be reduced or suspended, plus at least 24 hours of mandatory community service.¹⁶

Penalties climb sharply if the minor drinks and then causes serious injury or death to themselves or someone else. The adult who supplied the alcohol then faces six months to one year in county jail and a fine up to $3,000, or both.¹⁶

Civil Lawsuits Against Alcohol Providers

California law is more protective of alcohol providers in civil court than many people expect. The statute says furnishing alcohol is not the legal cause of injuries that result from intoxication. The drinker’s own decision to drink is treated as the cause. A bar, restaurant, or social host generally cannot be sued when an adult they served later injures someone.¹⁷

One exception matters. A parent, guardian, or other adult who knowingly serves alcohol at their home to a person they know or should know is under 21 can be sued if that minor later causes injury or death. Either the injured person or the minor can bring the claim. The exception is limited to the adult’s residence.¹⁷

Criminal exposure is broader than civil exposure. An adult who furnishes alcohol to a minor faces criminal penalties under the Business and Professions Code wherever it happens, but the ability to sue that adult for money damages is confined to the home-service scenario.

Direct-to-Consumer Spirits Shipping in 2026

Starting January 1, 2026, California allows craft distillers to ship spirits directly to consumers for the first time under a new Type 94 Direct Shipper Permit. In-state and qualifying out-of-state distillers can apply if they produce no more than 150,000 gallons of distilled spirits per year and at least 65% of the total volume is manufactured by the licensee. The application fee is $125 and the permit costs $30. Permits issued are valid only for calendar year 2026 under a sunset provision that repeals the authorization on January 1, 2027.¹⁸

Shipments must move through a common carrier and are capped at 2.25 liters per consumer per day, for personal use only. Each package has to be conspicuously labeled as containing alcohol and requires the signature of someone 21 or older at delivery. Permit holders keep records of every shipment and report the year’s total volume shipped into California. Shipping without a valid permit is a misdemeanor and can cost the distiller its license.¹⁸

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Alcoholic Beverage Control. Licensing
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Alcoholic Beverage Control. Checking Identification
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California Legislative Information. California Business and Professions Code 25631
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California Legislative Information. California Vehicle Code 23225
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California Legislative Information. California Vehicle Code 23152
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California Legislative Information. California Vehicle Code 23136
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California Legislative Information. California Vehicle Code 23536
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California Legislative Information. California Vehicle Code 23540
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California Legislative Information. California Vehicle Code 23546
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California Legislative Information. California Vehicle Code 23550
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California DMV. Driving Under the Influence (DUI)
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California DMV. Statewide Ignition Interlock Device Pilot Program
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California Legislative Information. California Vehicle Code 23612
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California Legislative Information. California Business and Professions Code 25662
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California Department of Alcoholic Beverage Control. On-Sale Licensee Informational Guide – Minors
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California Legislative Information. California Business and Professions Code 25658
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California Legislative Information. California Civil Code 1714
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Alcoholic Beverage Control. Craft Distiller Direct Shipper Permit