Driving Tests

California Provisional License Points: Restriction, Suspension

informational·how to guide·Published April 26, 2026

What happens if a California driver under 18 gets a ticket or has a crash?

In California, a provisional license holder (age 16 or 17) with 2 or more points in 12 months gets a 30-day restriction: a licensed parent, spouse, guardian or driver 25 or older must ride along. With 3 or more points in 12 months, the DMV suspends the license for 6 months and adds one year of probation. A crash the DMV holds you responsible for is 1 point.

Where these penalties come from

The penalties come from California Vehicle Code Section 12814.6 (provisional licenses) and Section 12810 (point values). Sections 12810.5 (negligent operator), 23124 (phone use under 18) and 23136 (zero tolerance under 21) cover the later parts of this guide. The California Driver Handbook gives the DMV's plain-language summary in its laws of the road and alcohol and drugs sections. The DMV Driver's Licenses page lists the license classes. The table lists the main point items; Section 12810 also lists other 2-point convictions. This guide is current as of 2026. Confirm the rules with the California DMV (dmv.ca.gov) before you drive.

Violation points in California: what each item is worth

Violation points in California: what each item is worth
What goes on your record	Points
Reckless driving	2
Failing to stop after a crash (Section 20001 or 20002)	2
A conviction under Section 23152 or 23153, or under Section 14601, 14601.1, 14601.2, 14601.3 or 14601.5	2
Any other traffic conviction for the safe operation of a vehicle on the highway, except the items that Section 12810 lists as 2 points or as no point	1
A crash the DMV holds you responsible for	1
Breaking the provisional night or passenger limit, or the under-21 zero-tolerance rule (Section 23136)	0

How a ticket turns into points on your record

Points come from convictions and from crashes the DMV holds you responsible for. Each time a court convicts you of a moving traffic violation, it notifies the DMV, and the conviction goes on your record. Convictions from other states and from juvenile court go on your record too. Only one violation from one arrest or ticket counts toward your total. Two points can come from one reckless driving conviction, or from two 1-point items, such as a traffic conviction and a crash the DMV holds you responsible for.

What the DMV does after a provisional driver gets points

Your record shows 2 or more points in 12 months

The DMV imposes a 30-day restriction. A licensed parent, spouse, guardian or other licensed driver 25 or older must ride with you. Section 12814.6 makes an exception for a class M vehicle (a motorcycle) with no passengers aboard.

Your record shows 3 or more points in 12 months

The DMV suspends your driving privilege for 6 months and puts you on probation for one year.

You are on probation

You must break no law that would be reportable to the DMV if it led to a conviction, and you must stay free from accident responsibility. The Handbook says that more at-fault crashes or traffic convictions on probation lead to a new suspension.

Your driving privilege is suspended under these rules

The DMV requires you to file proof of financial responsibility. It stays on file for three years after your license is reinstated.

You turn 18 before a restriction or suspension ends

It stays in effect until the end of its term.

Penalty for breaking the provisional night or passenger limit

In the first 12 months, a provisional driver may not drive from 11 p.m. to 5 a.m. or carry passengers under 20 unless a parent or guardian, a licensed driver 25 or older, or a licensed or certified driving instructor rides along and supervises. Practice the hours with the question on the hours a provisional driver cannot drive alone.
For a first offense, the court orders 8 to 16 hours of community service or a fine of up to USD 35. For a later offense, it orders 16 to 24 hours or a fine of up to USD 50.
If you do not finish the community service within 90 days, the court imposes the fine.
A conviction for this violation adds no point to your record.
Section 12814.6 lists exceptions, such as an emancipated minor. The guide to provisional license rules in California explains each one.

Point totals that lead the DMV to presume an adult is a negligent operator

Point totals that lead the DMV to presume an adult is a negligent operator
Time period	Points on your record
12 months	4 or more
24 months	6 or more
36 months	8 or more

What the negligent operator presumption means for an adult

A driver whose record reaches one of these totals is "prima facie presumed" to be a negligent operator under Section 12810.5. In plain words, the DMV assumes it from the record at first sight. If you request and attend a DMV hearing, the DMV must give due consideration to the amount you drive (your mileage). The Handbook lists the same totals for adults and says an adult license may be suspended.

Zero tolerance for drivers under 21: the 0.01% rule

A driver under 21 may not drive with a blood-alcohol concentration (BAC) of 0.01% or more, measured by a preliminary alcohol screening (PAS) test or another chemical test. Practice it with the question on the BAC level for drivers under 21.
This rule does not block prosecution for DUI or other offenses.
A PAS reading of 0.05% or more lets the officer require a breath or blood test. If that later test shows 0.05% or more, you may be arrested for DUI, and your driving privilege may be suspended.
A DUI conviction with a BAC of 0.01% or more can lead the DMV to revoke your driving privilege for one year. You must also complete a licensed DUI program.
Except in a few cases, you may not carry alcohol in the vehicle unless a person 21 or older is with you. If you are caught with alcohol in the vehicle, law enforcement can impound it for up to 30 days, and the court may fine you and suspend your license for one year.
At age 15 to 20, a conviction for using alcohol or a controlled substance leads the court to order the DMV to suspend your driving privilege for one year or to delay your eligibility to apply for a license.

Cell phone rule for drivers under 18 in California

A driver under 18 may not use a wireless phone or an electronic wireless communications device while driving, even with a hands-free device. The base fine is USD 20 for a first offense and USD 50 for each later offense. Try the practice question on hands-free phone use for drivers under 18.

Key takeaways

A provisional driver with 2 or more points in 12 months gets a 30-day restriction. With 3 or more points, the DMV suspends the license for 6 months and adds one year of probation.
Points come from convictions and from crashes the DMV holds you responsible for. Such a crash is 1 point. Reckless driving and failing to stop after a crash are 2 points.
An adult is presumed a negligent operator at 4 points in 12 months, 6 in 24 months or 8 in 36 months.
A driver under 21 may not drive with a BAC of 0.01% or more. A driver under 18 may not use a phone while driving, even hands-free, except in an emergency.
Next step: practice these rules on the free California Class C permit practice test.

California new driver penalties: common questions

Can police stop me just for breaking a provisional night rule or the teen phone rule?

Not for that reason alone. An officer cannot stop a vehicle only to check whether the driver breaks the night and passenger limits of a provisional license. The same is true for the phone rule for drivers under 18.

Do I get a point if a crash was not my fault?

Only when the DMV holds you responsible for the crash; then it is 1 point. If DMV action on your provisional license comes from a crash, you may demand a hearing in writing within 10 days to show that you were not responsible.

How long do points stay on a California driving record?

Traffic convictions and collisions stay on your record for 36 months or longer, depending on the type of conviction. The adult negligent operator totals count points up to 36 months back (8 or more points in 36 months).

What happens if I miss my court date for a traffic ticket in California?

If you get a traffic ticket and fail to appear in court, the DMV may suspend your driving privilege until you appear. This applies to adults and to minors. The failure to appear (FTA) also goes on your driving record, so keep the court date on your ticket.

What happens if a driver under 21 refuses a breath test in California?

Refusing or not completing a preliminary alcohol screening (PAS) test or another chemical test leads to a suspension or revocation of the driving privilege for one year to three years. The officer must tell you this when you are lawfully detained for a suspected zero-tolerance violation.

Can a driver under 18 make an emergency call while driving in California?

Yes. The phone ban for drivers under 18 does not apply to emergency use, such as a call to a law enforcement agency, a health care provider, the fire department or another emergency services agency.