What Are the New California DUI Laws Taking Effect in 2027?
California continues to change its laws surrounding driving under the influence, and drivers facing DUI charges need to understand how those changes could affect their cases. New legislation signed in 2026 introduces additional requirements for courts and strengthens certain consequences for repeat DUI offenders.
One of the most notable changes is Senate Bill 907, known as Braun’s Law, which takes effect January 1, 2027. The legislation addresses how California courts handle certain DUI charges that are dismissed or resolved through a plea to a lesser offense. Other recently enacted laws will increase penalties for certain repeat DUI offenses and change some driver’s license consequences in the coming years.
Braun’s Law Introduces New Requirements for Certain DUI Cases
Senate Bill 907, known as Braun’s Law, is one of the most significant California DUI-related laws scheduled to take effect in 2027.
The law was named in memory of Braun Levi, an 18-year-old who was killed by a suspected repeat drunk driver in Manhattan Beach in 2025. Governor Gavin Newsom signed the legislation on September 25, 2026, and it takes effect January 1, 2027.
The law addresses what happens when a DUI allegation is dismissed or resolved through a plea to a different or lesser offense.
Under the new requirements, when a court dismisses a DUI allegation, substitutes a different or lesser offense, or dismisses or strikes a separate conviction, the court must state its reasons on the record. The court must also identify whether the prosecution requested the change and whether the prosecution agreed with or opposed it.
When the prosecution requests a dismissal or substitution, it must submit a written statement explaining the reasons for the request.
The law also requires a specific advisement when a DUI charge is dismissed or a defendant pleads guilty or no contest to a different or lesser offense in place of the DUI allegation. That advisement warns of the serious consequences of impaired driving, including the possibility of a murder charge if a subsequent impaired driving incident causes a death under circumstances that satisfy the applicable law.
These requirements are intended to ensure that defendants understand the potential consequences of future impaired driving and that the reasons for certain case resolutions are documented.
Will the New Law Make It Harder to Get a DUI Charge Reduced?
California prosecutors and defense attorneys can still evaluate the evidence, identify weaknesses in a case, and consider legally appropriate resolutions. A charge may still be dismissed or reduced when the facts and applicable law support that outcome.
However, the new law introduces additional documentation and advisement requirements for specified case resolutions.
For defendants, this means that the circumstances behind a proposed plea agreement or dismissal remain important. The strength of the prosecution’s evidence, the reliability of chemical tests, the legality of the traffic stop, and the circumstances of the investigation can all affect the available options.
It is also important to understand that a charge being reduced to a lesser offense does not necessarily eliminate every potential consequence of the original case. The final conviction, the terms of the plea, and any applicable statutory requirements can affect the driver’s future legal exposure.
California Is Increasing Penalties for Certain Repeat DUI Offenders
California also enacted Assembly Bill 1546 in 2026, which strengthens penalties for certain repeat DUI offenses.
Under the prior framework, a third DUI conviction within the applicable 10-year period was generally treated as a misdemeanor, while a fourth qualifying offense could be charged as a felony.
AB 1546 changes the treatment of certain repeat offenses, allowing a third qualifying DUI within 10 years to be charged as either a misdemeanor or a felony. The legislation also increases the potential consequences for certain drivers with four or more qualifying prior offenses.
The distinction matters because felony charges can carry substantially more serious consequences than misdemeanor charges, including potential state prison sentences and additional long-term effects on a person’s criminal record.
However, drivers should pay attention to the law’s effective date. Although AB 1546 was signed in September 2026, its provisions are not all changes that take effect at the beginning of 2027. The legislation establishes a later operative date for its principal repeat-offender changes.
Drivers facing a current DUI charge should therefore determine which version of the law applies to their alleged offense rather than assuming that every recently signed law is already in effect.
What Could the Changes Mean for a Fourth DUI?
A fourth qualifying DUI can already carry significant penalties under California law. Depending on the circumstances, a fourth offense within the applicable lookback period may be charged as a felony.
AB 1546 further changes the penalty framework for certain repeat offenders. The new law makes the consequences of a third qualifying DUI more serious by allowing felony prosecution and also strengthens the framework for drivers with multiple prior offenses.
The number of prior convictions is not the only consideration. The dates and nature of the prior offenses, the current allegations, and the applicable statutory provisions all matter.
For example, a driver with several prior DUI convictions may need to determine whether each conviction qualifies under the relevant statute and whether the prosecution has correctly calculated the applicable period.
An attorney may also need to examine how prior cases were resolved and whether the available records establish the convictions the prosecution intends to use.
New Laws Also Address Driver’s License Consequences
The 2026 legislative package includes additional measures affecting driver’s license consequences for certain serious impaired-driving offenses.
Assembly Bill 1687, known as Irene’s Law, addresses license revocation for specified repeat impaired-driving offenses involving injury. The legislation establishes additional circumstances in which the DMV must revoke driving privileges and sets out conditions governing potential reinstatement.
The law’s principal provisions are scheduled to become operative in 2031, rather than January 2027.
Assembly Bill 1685 also addresses driver’s license points for certain convictions involving gross vehicular manslaughter while intoxicated and gross negligence. Its relevant changes are scheduled to become operative in 2031.
These laws demonstrate that California’s DUI legislation is changing over several years, not through a single set of rules that all begin on January 1, 2027.
Drivers should not assume that every new provision applies to every DUI arrest or conviction. The specific offense, prior record, injury allegations, and effective date all affect the analysis.
Do the New Laws Affect Someone Already Facing DUI Charges?
When a new statute takes effect, the relevant questions include when the alleged conduct occurred, when the law becomes operative, and whether the legislation contains specific provisions governing its application.
A law signed in 2026 does not automatically apply to every case pending in court. Some provisions may take effect immediately or on January 1, 2027, while others may have later operative dates.
Drivers with pending cases should also distinguish between changes to criminal penalties and changes to court procedures. These can operate differently and may have different implications for a case already underway.
An attorney can review the charging documents, alleged offense date, prior convictions, and current statutory requirements to determine which rules apply.
What About California’s Existing DUI Laws?
The new legislation does not replace California’s existing DUI laws.
Drivers can still face prosecution under California Vehicle Code section 23152 for driving under the influence of alcohol or drugs, or driving with a blood alcohol concentration at or above the applicable legal limit. More serious charges may apply when an incident involves injury or death.
A DUI arrest can also trigger a separate administrative proceeding through the California Department of Motor Vehicles. The DMV process concerns driving privileges and operates separately from the criminal court case.
Drivers generally have only 10 days after receiving the suspension or revocation order to request an administrative per se hearing. Missing that deadline can affect the opportunity to challenge the administrative action.
How a DUI Defense Attorney Can Help You Understand the Changes
New legislation can make a DUI case more complicated, particularly when the allegations involve prior convictions or a potential felony charge.
A defense attorney can review the evidence, identify which statutes apply, and determine whether the prosecution has correctly classified the alleged offense.
That review may involve examining the legality of the traffic stop, the accuracy of chemical testing, the officer’s observations, available video evidence, and the documentation supporting prior convictions.
For repeat-offender cases, reviewing the dates and final outcomes of previous cases can be particularly important. A prior arrest is not necessarily the same as a qualifying conviction, and the legal treatment of an earlier case depends on the applicable statute and final disposition.
An attorney can also explain the difference between the current law and provisions that have been enacted but will not take effect until a later date.
Understanding the Law Before Making Decisions About Your Case
California’s new DUI legislation introduces meaningful changes, particularly for certain repeat offenders and cases resolved through dismissals or pleas to lesser offenses. Braun’s Law takes effect January 1, 2027, while other recently enacted measures establish additional changes scheduled for later years.
The impact on any individual case depends on the alleged offense, the evidence, the driver’s history, and the effective date of the relevant statute.
If you have been arrested for DUI in San Diego, understanding the laws that apply to your case is an important first step. Rick Mueller focuses on California DUI defense and can review the circumstances of an arrest, explain the potential consequences, and help identify available defense options.
Visit sandiegodui.com to learn more about California DUI defense and contact Rick Mueller about your case.
What Are the New California DUI Laws Taking Effect in 2027?