California New Driver Laws: Permits, Curfews, and Zero Tolerance

California new driver laws require anyone under 18 to hold a learner’s permit for six months, then drive on a provisional license with passenger, curfew, and phone restrictions until their 18th birthday. On top of that, every driver under 21 faces a near-zero blood alcohol limit, and new drivers lose their license faster than adults when points pile up.

Getting the Permit and Provisional License

If you’re under 18, you have 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 While you hold the permit, the only person who can supervise you is a licensed adult 25 or older sitting in the front passenger seat.

Six months later, you can apply for the provisional license if you’ve logged at least 50 hours of supervised practice, including 10 at night, and passed the behind-the-wheel driving test.¹ A single $46 application fee covers the permit, up to three knowledge test attempts, and the driving test. The provisional converts to a standard license at 18, but any active restriction or suspension still runs out on its own schedule.

Passenger and Curfew Rules for the First 12 Months

Two restrictions catch almost every new provisional driver. For the first full year after you get the license:

You cannot carry anyone under 20 as a passenger 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 accompanied by a parent, guardian, licensed driver 25 or older, or a certified driving instructor.²

There are narrow exceptions. You can drive outside these limits when it’s reasonably necessary for medical care, school or school-authorized activities, or employment, but you have to carry a signed note explaining the reason. A parent or guardian signs the curfew note; your employer signs the employment note.¹ The note has to match what you’re actually doing. A note that says you work until 10 p.m. won’t help you at midnight.

Phone and Device Use

Adults in California can use a phone hands-free. If you’re under 18, you can’t, even hands-free. The law bans all wireless device use while driving for drivers under 18, including hands-free calls, voice-activated texting, and any other electronic communication.³ The only exception is contacting 911 or other emergency services.

The hands-free portion of the under-18 ban is a secondary violation, meaning an officer can’t pull you over just for it. But if you’re stopped for another reason and the officer sees you using a hands-free device, you can still be cited. The base fine is $20 for a first offense and $50 for each additional offense, though penalty assessments typically push the real cost of a first ticket well over $150.

Alcohol: Zero Tolerance Under 21

The alcohol rule is where new drivers most often misunderstand how exposed they are. For anyone under 21, a blood alcohol concentration of just 0.01% is a violation.⁴ That level is low enough that one sip of beer or certain cough syrups can trigger it. Adults don’t face a standard DUI until 0.08%.

Officers enforce this with roadside preliminary alcohol screening devices. Drivers under 21 who are lawfully detained on suspicion of drinking are expected to submit to the screening under California’s implied consent framework, and refusing carries its own administrative penalties.⁵

A separate offense applies to underage drivers at 0.05% or higher but under 0.08%.⁶ At 0.08% or above, a full DUI charge applies at any age, with criminal penalties, mandatory DUI classes, and possible jail time.

A conviction for driving with a BAC of 0.01% or higher can result in a one-year revocation of your driving privilege and a required 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 car, even if you haven’t been drinking, can lead to a 30-day vehicle impoundment and a one-year license suspension.

How Points and Suspensions Work for Provisional Drivers

Provisional holders are on a tighter leash than adults. An adult has to accumulate four points in 12 months to be classified as a negligent operator. A provisional driver triggers a 30-day driving restriction at two points in 12 months. Three points in 12 months brings a six-month suspension and one year of probation, and that suspension stays in effect even if you turn 18 while it’s running.¹

A first passenger or curfew violation is usually a citation rather than an immediate suspension. But because the point thresholds are so low, two moving violations in a year restrict your license and a third pushes you into suspension.

Insurance You Have to Carry

The vehicle you drive has to be insured before you take it on the road. California requires at least $30,000 in bodily injury coverage per person, $60,000 per accident, and $15,000 in property damage coverage.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 at those minimums.

You must be able to show proof when an officer asks, and electronic proof on your phone is accepted. Driving without valid insurance, or failing to show proof, is a separate citable offense on top of whatever triggered the stop.

What to Bring to the DMV

First-time applicants need specific documents. A REAL ID-compliant license is now required to board domestic flights and enter federal buildings, so most new drivers should apply for one on the first visit.⁹ Bring:

One identity document: a U.S. passport, an original or certified birth certificate, a permanent resident card, or a naturalization certificate. Abbreviated or abstract birth certificates aren’t accepted.⁹
Proof of your Social Security number: the card itself, or a W-2 or paystub that shows the full number.
Two different documents proving California residency, each showing your name and the same California mailing address you put on the application. Utility bills, bank statements, insurance documents, and medical records all qualify.⁹
Name change documents if your current legal name differs from your birth certificate, including marriage certificates, court orders, or adoption records for each change.

A standard non-REAL ID license has slightly lighter identity requirements, but handling the REAL ID now saves a return trip later.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