California New Driver Laws: Permits, Curfews, and Phone Rules

California’s new driver laws require anyone under 18 to hold a learner’s permit for six months, then move to a provisional license that carries a one-year set of restrictions: no passengers under 20 without a qualifying adult, no driving between 11 p.m. and 5 a.m., and no phone use at all behind the wheel. Alcohol rules are stricter too, with a 0.01% blood alcohol limit for anyone under 21. The provisional license becomes a standard license at 18, but any active suspension carries past that birthday.

Getting Started: Permit Then Provisional License

Every driver under 18 has to start with a learner’s permit. You need to be at least 15½, finish an approved driver’s education course, and pass the DMV written knowledge test.¹ With the permit, you can only drive when a licensed adult 25 or older is in the front passenger seat.

After six months holding the permit, you can apply for the provisional license if you’ve logged 50 hours of supervised driving (10 at night) and passed the behind-the-wheel test.¹ One $46 application fee covers your permit, up to three tries at the knowledge test, and the driving test. The provisional license converts automatically to a standard unrestricted license when you turn 18.

First-Year Passenger and Curfew Rules

The two restrictions most new drivers underestimate both apply for the first 12 months of the provisional license.

You cannot carry any passenger under 20 unless a licensed driver 25 or older, or your parent or guardian, is also in the car.²
You cannot drive between 11 p.m. and 5 a.m. unless a parent, guardian, licensed driver 25 or older, or a certified driving instructor is with you.²

Both restrictions have exceptions when driving is reasonably necessary for medical reasons, school or school-authorized activities, or employment. If you rely on one of these, you have to carry a signed note explaining the necessity. For the curfew, that note has to come from your parent or legal guardian. For the employment exception, from your employer.¹ The note has to match the situation. If an officer stops you at midnight and your employer’s note says your shift ends at 10 p.m., the exception doesn’t cover you.

Phone Use Is Banned Entirely Under 18

Adult drivers in California can use a phone hands-free with a single tap or swipe. Drivers under 18 cannot use one at all. The law bans every kind of wireless device use while driving for anyone under 18, including hands-free calls, voice-activated texting, and any other electronic communication.³ Calling 911 or another emergency service is the only exception.

One detail worth knowing: the hands-free portion of the under-18 rule is a secondary violation. An officer cannot pull you over just for hands-free use. But if you’re stopped for another reason and the officer sees the phone, you can be cited. The base fine is $20 for a first offense and $50 for each additional offense, and penalty assessments typically push a first ticket well past $150.

Alcohol: 0.01% Limit for Drivers Under 21

California’s underage alcohol threshold is much lower than most new drivers realize. Anyone under 21 is in violation at a blood alcohol concentration of just 0.01%.⁴ That level is low enough that a single sip of beer or certain cough medicines can trigger it. The adult DUI threshold is 0.08%, so the gap between what’s legal at 21 and illegal at 20 is significant.

Officers enforce the rule with roadside preliminary alcohol screening devices. Drivers under 21 lawfully detained on suspicion of drinking are expected to submit under California’s implied consent framework, and refusing brings its own administrative penalties.⁵ A separate offense exists for underage drivers at 0.05% or higher but below 0.08%,⁶ and at 0.08% or above a full DUI charge applies regardless of age.

A conviction for driving at 0.01% or higher can revoke your driving privilege for one year and requires a licensed DUI education program.⁷ If you don’t have a license yet, the DMV can delay issuing your first one by up to a year. Being caught with alcohol in the vehicle, even without drinking, can trigger a 30-day impoundment and a separate one-year license suspension.

Points and Penalties for Provisional Drivers

Provisional license holders sit on a much shorter leash than adult drivers. An adult can accumulate four points in 12 months before being classified as a negligent operator. A provisional driver hits a 30-day driving restriction at two points in the same window. Three points in 12 months triggers a six-month license suspension and one year of probation, and that suspension does not lift when you turn 18.¹

A first passenger or curfew violation often draws a citation rather than an immediate suspension. But because the point threshold is so low, ordinary moving violations add up quickly. Two in a year restricts your license. A third pushes you into suspension.

Insurance and Documents You Need

Any vehicle you drive has to be insured to California’s minimums: $30,000 in bodily injury coverage per person, $60,000 per accident, and $15,000 in property damage.⁸ If you drive a parent’s car, you need to be listed on their policy. If the car is yours, you need your own policy meeting those minimums. Proof of insurance has to be available when an officer asks, and you can show it on your phone. Driving without valid coverage is a separate citable offense on top of whatever else triggered the stop.

When you go to the DMV for your first license, you’ll need a primary identity document (a U.S. passport, an original or certified birth certificate, a permanent resident card, or a naturalization certificate), your Social Security number, and two different documents proving California residency that both show the same address you list on your application.⁹ Abbreviated or abstract birth certificates are not accepted. If your current legal name differs from your birth certificate, bring the marriage certificate, court order, or adoption document covering each change. Federal REAL ID enforcement began in May 2025, so a REAL ID is now required to board a domestic flight or enter a federal building.¹⁰

1
California Legislative Information. California Code VEH 12814.6
2
California Highway Patrol. Start Smart: Provisional License Information
3
California Legislative Information. California Vehicle Code 23124
4
California Legislative Information. California Code VEH 23136
5
California Legislative Information. California Vehicle Code 23612
6
California Legislative Information. California Code VEH 23140
7
California DMV. California Driver Handbook – Section 9: Alcohol and Drugs
8
California DMV. Auto Insurance Requirements
9
California DMV. REAL ID Checklist
10
California DMV. Driver’s Licenses