Last Updated on April 30, 2025
One of the great things about being a driver for a company like Uber or Lyft is that you can set your own schedule and work whenever you choose, but you typically cannot drive for either of these companies with a DUI on your record. Even if you don’t already have a drunk driving conviction on your record though, you should avoid drinking before you decide to operate a rideshare, taxi cab, or limo because drivers-for-hire with passengers in the car are subject to a lower BAC limit than other drivers in California.
How Long After a DUI Can You Drive for Uber or Lyft?
If you are convicted of drunk driving, can you drive with Lyft or Uber as long as you have SR22 insurance? Don’t count on it. When you apply for work with a company like Uber, you must undergo a thorough background check and have a clean driving background.
While Uber and Lyft policies state that they will not hire drivers with a DUI from within at least the last 7 years, because California DMV records go back 10 years, they typically will not hire anyone with a drunk driving conviction in that time.
Aside from DUI, Lyft and Uber policies prohibit drivers from having a conviction for driving without a license, reckless driving, or any hit and run accidents within the last 10 years. Criminal offenses can also disqualify you, and if you have been convicted of a sex crime, violent offense, fraud, theft, or drug crime, chances are you will be ineligible for working with these companies.
California Laws on BAC for Drivers-for-Hire
Drivers of commercial vehicles have long been subject to a blood alcohol content (BAC) limit of 0.04 under federal law, but those who drove other people rather than massive trucks loaded with goods were excluded from this law until California changed the law in 2018. Now, anyone who operates a taxi cab, limousine, Lyft, Uber, or other rideshare in California is subject to a BAC of 0.04 as long as they are not carrying passengers. Most people can get a BAC of 0.04 after only one or two drinks.
A chauffeur or rideshare driver can operate a vehicle with a BAC between 0.04 and 0.08, provided they do not appear to be under the influence and do not have a paying passenger in the car —even if they are operating the vehicle they use for work and are even technically “on the clock.” (Of course, it is against Uber and Lyft company policy to drink or use any drugs while on the job, whether or not it’s a criminal offense in the state.) It’s worth mentioning that any driver can get a DUI if the officer believes they have consumed alcohol or drugs that have negatively impacted their driving ability. In San Diego, it is common for prosecutors to charge a driver with a DUI if they have a breath or blood reading of .06 or above. Typically non-commercial drivers at .05 or below are not charged with DUI.
Fighting the Charges
The fact that the passenger has to be paying is a critical detail in rideshare DUI cases and something your attorney can use in your defense. If, for example, you had a BAC of 0.05 in the car you use to give Uber rides, it doesn’t matter if you were technically on the clock, as long as any passengers did not pay to ride in your vehicle, you cannot be convicted of this charge.
You can also use the same DUI defenses as any other driver, including the rising alcohol defense, the medical emergency defense, and fighting the results of your blood or breath test.
Rideshare DUI Penalties
The penalties for a DUI while operating a rideshare vehicle are the same as those for a usual DUI. If it is your first offense, you could face a penalty of up to $390 and $1000, be sentenced to up to six months in jail and lose your license for up to six months. Your vehicle could also be impounded for up to six months, you may be forced to install an ignition interlock device, and you will be required to carry SR-22 insurance for up to three years after you get your license back. These consequences are bad enough for most people, but for those who make a living through driving passengers from one place to another, they could leave you out of a job.
Those who drive for a living must work quickly to fight these charges with the help of a top attorney. You only have 10 days to fight a DMV license suspension, so act as soon as possible if you are a rideshare or cab driver accused of DUI.
If you have been charged with driving under the influence while operating a rideshare, cab, or limo, please call (760) 643-4050 as soon as possible to fight the charges with the help of Peter M. Liss.
