Vehicles: driving under the influence: felonies.
AB 1686
California Bills
20250AB__168699INT INTRODUCED 2026-02-02 2025 AB INT Introduced by Assembly Member Lackey (Principal coauthor: Assembly Member Petrie-Norris) (Principal coauthor: Senator Archuleta) LEAD_AUTHOR ASSEMBLY Lackey PRINCIPAL_COAUTHOR ASSEMBLY Petrie-Norris PRINCIPAL_COAUTHOR SENATE Archuleta
An act to amend Sections and of the Vehicle Code, relating to vehicles. vehicles Vehicles: driving under the influence: felonies. Under existing law, it is unlawful to drive a motor vehicle while under the influence (DUI) of alcohol or 0.08% or more, by weight, of alcohol in one’s blood. A first violation of this prohibition is punishable as a misdemeanor.
Under existing law, if a person is convicted of a DUI violation and the offense occurs within years of one or separate DUI violations that resulted in specified convictions, the offense is also punishable as a misdemeanor, as specified, with escalating fines, suspensions, and other sanctions. Under existing law, if a person is convicted of a DUI violation and the offense occurs within years of or more separate DUI violations that resulted in specified convictions, the offense is punishable either as a misdemeanor or as a felony.
This bill would make a conviction of a DUI violation with the offense occurring within years of one or separate DUI violations that resulted in specified convictions also punishable either as a misdemeanor or as a felony. By increasing the punishment for a crime, the bill imposes a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section of the Vehicle Code is amended to read: 23540. (
a) If a person is convicted of a violation of
Section and the offense occurred within years of a separate violation of
Section 23103, as specified in
Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment pursuant to subdivision (
h) of
Section of the Penal Code or in the county jail for not less than days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (
a) of
Section 13352. The court shall require the person to surrender the person’s driver’s license to the court in accordance with
Section 13550. (
b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this
section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (
a) of
Section 13352, the court may disallow the issuance of a restricted driver’s license required under
Section 13352.5. (
c) This
section shall become operative on September 20, 2005.
SEC. 2.
Section of the Vehicle Code is amended to read: 23546. (
a) If a person is convicted of a violation of
Section and the offense occurred within years of two separate violations of
Section 23103, as specified in
Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (
h) of
Section of the Penal Code or in the county jail for not less than days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (
a) of
Section 13352. The court shall require the person to surrender the person’s driver’s license to the court in accordance with
Section 13550. (
b) A person convicted of a violation of
Section punishable under this
section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (
b) of
Section 13350.
SEC. 3. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of