California Window Tint Law & Darkest Legal Tint
Tinted vehicle windows are common in Southern California because many like the look, they block sunlight so your vehicle is cooler in hot weather, but if it’s too dark, the limited visibility may result in an accident. Hicks Law Firm represents those injured in vehicle accidents. We will discuss what tinted windows are, the limits on their use in California, and how they can potentially lead to a vehicle crash.
Every driver carries responsibilities when they travel on public roads. If someone doesn’t live up to them by allowing overly-tinted windows to make visibility difficult and cause a vehicle crash or hit a pedestrian, they should pay compensation to those they harm. At the Hicks Law Firm, Orange County car accident lawyer Aaron Hicks can help you determine if you have a case and how we can help.
What is the Legal Definition of Tinted Windows?
Tinted windows are automotive glass that has been treated, either through factory processes or aftermarket applications, to darken or restrict the passage of light, often for privacy, UV protection, or to reduce glare
Most newer vehicles have safety glass with a coating that provides some tinting to keep out harmful ultraviolet rays, according to Kelley Blue Book. Aftermarket companies can install a thin film on the interior of a vehicle’s windows, which darkens them to block more UV light, reduce glare from headlights and the sun, and give the car a look many find attractive.
Aftermarket tinted film is available in different materials and shades. A standard measurement for tinted windows is visible light transmission (VLT). A darker shade allows less light to enter the vehicle and has a lower VLT.
California Window Tint Law & Darkest Legal Tint
California has specific laws covering window tinting that try to:
- Balance the benefits of tinting for vehicle occupants while ensuring visibility for drivers to lessen the risk of collisions with others
- Allow law enforcement officers to see into a vehicle during traffic stops
California tint law dictates permissible tint levels depending on the type of vehicle and where the windows are located.
- The legal front windshield must allow more light compared to other windows. Tint is only allowed on the top four inches;
- The front-side windows must permit at least 70% of VLT, so they block 30% of the light that could enter the vehicle. This shouldn’t significantly impair the driver’s view;
- Back side windows and the rear window can be any darkness level. There is no limit to how dark you can go (5% is common, known as “limo tint”), provided you have dual side mirrors;
- The tint must not be reflective so light does not bounce off and distract other motorists or pedestrians;
- Tint can’t be a color that impairs visibility (such as blue, amber, or red).
California law allows exceptions for specific uses where standard regulations don’t apply. Vehicles owned or leased by law enforcement agencies or private investigators and those used for commercial reasons may have darker windows.
There are also medical exemptions for those with health conditions that make them light-sensitive.
Failure to comply with California’s laws can result in fines and the removal of non-compliant tinting. Law enforcement officers have instruments to measure your windows’ VLT after pulling you over.
Tinted Windows and Vehicle Crashes
Tinted windows could lead to an accident if the driver doesn’t take precautions or the tinting is illegally dark. Front-side windows that are too dark to allow drivers to see pedestrians and other vehicles are an accident waiting to happen.
If your rear side windows and rear window are completely tinted, you may back into someone or hit them when changing lanes because you have a huge blind spot. The chances of this decline if the driver uses rearview mirrors and isn’t in a hurry. Many modern vehicles have back up cameras. A driver could use this instead of a clear rear window.
There are some benefits to tinted windows. If your car is cooler and more comfortable, heat should be less of a driver distraction. Direct sun and glare should also be less of an issue, making it easier to see. The film used on the windows may also help keep them intact if they shatter during an accident.
Can a Police Officer Pull me Over for Tinted Windows in California?
Yes, a police officer can pull you over for tinted windows in California if the tint is too dark, specifically if he/she believes it violates California Vehicle Code (“CVC”) section 26708, which prohibits driving with objects or materials that obstruct or reduce the driver’s clear view. CVC § 26708 reads in part:
(a) (1) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.
(2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows.
Possible Defenses for a Tinted Windows Fix It Ticket:
There are some possible defenses for over-tinted windows, and they can vary depending on the situation. Here are some commonly used and potentially effective defenses:
1. Medical Necessity
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Explanation: California allows darker tinting on front side windows if you have a documented medical condition that requires it (e.g., lupus, photosensitivity, skin cancer).
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Supporting Evidence: A signed letter or prescription from a licensed physician or optometrist outlining the medical need and referencing California Vehicle Code § 26708.
2. Newly Purchased Vehicle
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Explanation: If the vehicle was recently purchased and the tint came with it, you may argue that you were unaware of the non-compliance and are in the process of correcting it.
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Supporting Evidence: Bill of sale, title transfer, and proof of upcoming tint adjustment appointment.
3. Lack of Knowledge or Intent
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Explanation: You didn’t intentionally break the law and believed the tint complied with legal standards (e.g., installer told you it was legal).
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Supporting Evidence: Receipt or documentation from the tint shop stating compliance with California law.
4. Incorrect Measurement
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Explanation: You can challenge the validity of the ticket by questioning how the tint was measured. Not all officers use certified devices to measure visible light transmission (VLT).
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Supporting Evidence: Independent VLT test showing legal compliance, or expert testimony disputing the method used by the officer.
5. Corrective Action Taken
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Explanation: You’ve already removed or replaced the illegal tint to comply with the law.
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Supporting Evidence: Receipts from a tint shop, photos of the corrected windows, or a compliance certificate from the DMV or law enforcement.
To get a “fix-it” ticket for tinted windows in California dismissed, you must remove the illegal tint, have a police officer or CHP officer sign the certificate of correction on the back of the ticket, and then return the signed ticket to the court along with the required fee.
Contacting Hicks Law Firm
If you’re considering adding window tint to your vehicle, it’s important to make sure the tint meets California’s legal standards. When buying a used car with pre-installed tint, the seller should be able to show documentation proving it complies with state regulations.
If a driver is involved in a crash and excessive tint is found to have limited their visibility—especially after being cited and failing to fix the issue—they may face additional penalties on top of being held responsible for the accident.
If you or a family member has been injured in an accident in which you believe the tinted windows of the other driver played a factor, call 949-541-9944 or fill out our online contact form to speak with an attorney about your potential claim.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
