Driving under the influence: alcoholic beverages.
AB 1867
California Bills
20250AB__186798AMD INTRODUCED 2026-02-11 AMENDED_ASSEMBLY 2026-03-16 2025 AB AMD Introduced by Assembly Member Tangipa LEAD_AUTHOR ASSEMBLY Tangipa
An act to amend
Section of the Business and Professions Code, and to add Sections 13353.9 and 23572.5 to the Vehicle Code, relating to driving under the influence. driving under the influence Driving under the influence: alcoholic beverages. Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, and the suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control.
Existing law makes the sale of an alcoholic beverage to a person under years of age a misdemeanor and authorizes a licensee to refuse to sell or serve alcoholic beverages to a person who is unable to produce adequate proof of age. Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions.
Under existing law, if a person is convicted of a driving under the influence violation and the offense occurs within years of or more separate driving under the influence violations that resulted in convictions, the offense is subject to escalating fines, suspensions, and other sanctions. This bill would require a court, when sentencing an individual to a term of imprisonment to be served in state prison for a 3rd driving under the influence offense within a 10-year period to prohibit the individual from purchasing alcoholic beverages for life.
The bill would require the Department of Motor Vehicles to issue an identification card or driver’s license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would authorize a licensee to refuse to sell alcoholic beverages to an individual who provides the licensee with an identification card or driver’s license with such a designation. To the extent it would require a higher level of service from court staff who are county employees, the bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol and drugs from operating a vehicle.
Existing law prescribes specified punishments, including fines, incarceration in the county jail, and suspension of driving privileges, for a first conviction of this offense.</xhtml:p><xhtml:p>This bill would make a technical, nonsubstantive change to a related provision.</xhtml:p>"?> 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 Business and Professions Code is amended to read: 25659. (
a) For the purpose of preventing the violation of
Section 25658, any licensee, or their agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that the person is over the age of years. A licensee, or their agent or employee, may seize any identification presented by a person that shows the person to be under the age of years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises.
A licensee, their agent or employees decision to not seize a license shall not create any civil or criminal liability. (
b) A licensee, or their agent or employee, may refuse to sell alcoholic beverages to any person who provides the seller with an identification card or driver’s license issued pursuant to
Section 13353.9 of the Vehicle Code.
SEC.
Section 13353.9 is added to the Vehicle Code , to read: 13353.9. (
a) The department shall issue an identification card or a driver’s license with the words “REPEAT SERIOUS DUI OFFENDER” or another appropriate designation on the face of the identification card or driver’s license for an individual who has submitted an application and for whom the court department has received an abstract of the record of a court showing that the person has been convicted of a violation of
Section 23152, 23103, as specified in
Section 23103.5, 23153, or 191.5 of the Penal Code, punishable pursuant to
Section 23572.5. (
b) This
section applies to an identification card or driver’s license issued pursuant to
Section 3007.05 of the Penal Code or
Section 14902.
SEC.
Section 23572.5 is added to the Vehicle Code , to read: 23572.5. A person convicted of a violation of
Section 23152, 23103, as specified in
Section 23103.5, 23153, or 191.5 of the Penal Code, and the offense occurred within years of two separate violations of
Section 23152, 23103, as specified in
Section 23103.5, 23153, or 191.5 of the Penal Code, or any combination thereof, that resulted in convictions, who is sentenced to state prison shall be prohibited from purchasing alcoholic beverages for life.
SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to
Part 7 (commencing with
Section 17500) of Division of Title of the Government Code. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23536.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Vehicle Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_C423F497-5E8D-4A5A-AA3C-C65B74A21399"><caml:Num>23536.</caml:Num><caml:LawSectionVersion id="id_632EEA59-AD30-4451-AA5C-FA08FA316E5C"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>If a person is convicted of a first violation of
Section 23152, that person shall be punished by imprisonment in the county jail for not less than hours, at least hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
If the court determines that hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (
a) of
Section or
Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with
Section 13550.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Whenever, 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 (1) of subdivision (
a) of