By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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The limits side by side
| Driver | California | Texas | Washington |
|---|---|---|---|
| Age 21 and older | 0.08 or more (Veh. Code 23152(b)) | 0.08 or more (Penal Code 49.01) | 0.08 or more within two hours after driving (RCW 46.61.502) |
| Commercial vehicle | 0.04 is a crime under 23152(d) | A 0.04 test result means a one-year CDL disqualification (Transp. Code 522.081(b)(4)) | 0.04 means at least a one-year CDL disqualification (RCW 46.25.090) |
| Under 21 | 0.01 (Veh. Code 23136) and 0.05 (Veh. Code 23140) | Any detectable amount (Alco. Bev. Code 106.041) | 0.02 within two hours (RCW 46.61.503) |
California adds one more line. Since July 1, 2018, it has been illegal to drive with 0.04 or more when a passenger for hire is in the car (Veh. Code 23152(e)).
Why 0.08 is not a safe number
Each state lets prosecutors prove drunk driving by the number or by impairment. California’s Vehicle Code 23152(a) makes it a crime to drive under the influence of alcohol, whatever the reading. Texas defines “intoxicated” as either losing the normal use of mental or physical faculties or having 0.08 or more (Penal Code 49.01(2)). Washington’s RCW 46.61.502(1)(c) covers a driver who is “under the influence of or affected by” liquor.
Timing matters too. In California, a test taken within three hours after driving that shows 0.08 or more creates a rebuttable presumption that the driver was at 0.08 or more behind the wheel (Veh. Code 23152(b)). Washington measures within two hours.
Rules for drivers under 21
California sets two lines for young drivers. Section 23136 bars a driver under 21 from driving with 0.01 or more on a preliminary screening or other chemical test, and Section 23140 bars driving with 0.05 or more.
Texas uses the strictest wording of the three. A person under 21 commits an offense by driving in a public place with “any detectable amount of alcohol” in their system, a Class C misdemeanor for a first offense (Alco. Bev. Code 106.041). Washington’s RCW 46.61.503 covers drivers under 21 from 0.02 up to the adult limit, and a violation is a misdemeanor.
In 2026, Washington lawmakers tried to lower the adult limit to 0.05. The Spokesman-Review reported on Feb. 25, 2026 that the bill passed the Senate 26-23 and then stalled in a House committee. The official text of RCW 46.61.502 still reads 0.08.
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How the criminal case connects to your injury claim
If a drunk driver hurt you, two cases can run at once, and they use different standards of proof. In California, the prosecutor must prove guilt beyond a reasonable doubt (Penal Code 1096). Your civil claim is generally decided by a preponderance of the evidence (Evidence Code 115).
The alcohol laws carry weight in the civil case as well. California presumes a lack of due care when a person violates a statute, the violation causes the injury, and the victim is the kind of person the law protects (Evidence Code 669). Washington goes further for this one subject. Most statute violations there are only evidence of negligence, but driving under the influence is negligence per se (RCW 5.40.050).
In California, a criminal court must order restitution when a crime victim has economic loss, including medical expenses and lost wages (Penal Code 1202.4). Restitution is built around economic loss, so pain and suffering is pursued in the civil claim. Our page on general and special damages explains the difference.
Punitive damages for drunk driving
California’s Supreme Court held in Taylor v. Superior Court (1979) 24 Cal.3d 890 that driving while intoxicated may amount to “malice” when it is done with conscious disregard for the safety of others. The complaint alleged the driver had a long record of drunk-driving arrests and convictions. The plaintiff must prove malice by clear and convincing evidence (Civil Code 3294), so the facts of each case decide whether the claim holds up.
Texas allows exemplary damages on clear and convincing proof of fraud, malice or gross negligence (CPRC 41.003). The usual cap is the greater of $200,000 or a formula: two times economic damages, plus noneconomic damages up to $750,000. That cap does not apply when the claim rests on conduct described as a felony in Penal Code 49.07 (intoxication assault) or 49.08 (intoxication manslaughter) (CPRC 41.008). Washington does not allow punitive damages unless a statute expressly authorizes them (Dailey v. North Coast Life Ins. Co.).
Can the bar that served the driver be liable?
| State | Rule for alcohol sellers |
|---|---|
| California | Drinking, not serving, is treated as the cause of injuries (Civil Code 1714(b)). A seller who sells to an obviously intoxicated minor can be liable (Bus. & Prof. Code 25602.1). |
| Texas | A provider can be liable if it was apparent when it served that the person was obviously intoxicated to the point of being a clear danger, and the intoxication caused the harm (Alco. Bev. Code 2.02). |
| Washington | No one may sell liquor to a person apparently under the influence (RCW 66.44.200), and a business that does so can be liable to third-party victims (Faust v. Albertson). |
What this means for your case
Ask for the blood or breath result, the time the test was taken, and the arrest report. Receipts and bar video can show how much the driver was served and when. If the insurer blames you in part, each state’s rule is explained on our page on comparative fault. A bar’s insurance can matter when the driver’s policy limit is low. For the first steps after the crash, read hit by a drunk driver.
Lawsuit deadlines are generally two years in California (CCP 335.1) and Texas (CPRC 16.003), and three years in Washington (RCW 4.16.080). Waiting for the criminal case to end before calling a lawyer can cost you time you need. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
Can someone get a DUI below 0.08?
Yes. All three states also punish driving while impaired by alcohol, whatever the number. A driver at 0.06 who weaves across lanes can still be charged.
Do I need a DUI conviction to bring an injury claim?
No. The civil claim asks whether the driver was negligent, decided by a preponderance of the evidence. A conviction or test result can be strong proof, but the claim does not depend on how the criminal case ends.
What is the limit for Uber and Lyft drivers in California?
It is 0.04 when a passenger for hire is in the car (Vehicle Code 23152(e)).
Is Washington lowering its limit to 0.05?
Not as of November 2026. A 2026 bill passed the state Senate but stalled in a House committee in February, and the statute still says 0.08. Alcohol evidence can sit in the criminal file unless someone asks for it early. More answers are in our injury law FAQs. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- Cal. Veh. Code § 23152 (leginfo.legislature.ca.gov)
- Cal. Veh. Code § 23136 (leginfo.legislature.ca.gov)
- Cal. Veh. Code § 23140 (leginfo.legislature.ca.gov)
- Cal. Penal Code § 1096 (leginfo.legislature.ca.gov)
- Cal. Evid. Code § 115 (leginfo.legislature.ca.gov)
- Cal. Evid. Code § 669 (leginfo.legislature.ca.gov)
- Cal. Penal Code § 1202.4 (leginfo.legislature.ca.gov)
- Cal. Civ. Code § 3294 (leginfo.legislature.ca.gov)
- Taylor v. Superior Court (1979) 24 Cal.3d 890 (scocal.stanford.edu)
- Cal. Civ. Code § 1714 (leginfo.legislature.ca.gov)
- Cal. Bus. & Prof. Code § 25602.1 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Tex. Penal Code § 49.01 (statutes.capitol.texas.gov)
- Tex. Transp. Code § 522.081 (statutes.capitol.texas.gov)
- Tex. Alco. Bev. Code § 106.041 (statutes.capitol.texas.gov)
- Tex. Alco. Bev. Code § 2.02 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 41.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 41.008 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 46.61.502 (app.leg.wa.gov)
- RCW 46.61.503 (app.leg.wa.gov)
- RCW 46.25.090 (app.leg.wa.gov)
- RCW 5.40.050 (app.leg.wa.gov)
- RCW 66.44.200 (app.leg.wa.gov)
- Faust v. Albertson, 167 Wn.2d 531 (2009) (CourtListener) (courtlistener.com)
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996) (law.justia.com)
- RCW 4.16.080 (app.leg.wa.gov)
- The Spokesman-Review, "Lower standard for DUI in Washington sputters after committee declines to take action" (Feb. 25, (spokesman.com)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.