How Will California’s New Criminal Laws Affect Your DUI Case?

When most people think of the law, they likely think of a dusty list of rules that never change. However, the law is constantly changing. The  California General Assembly passes new laws each year. Additionally, voters can approve new initiatives at any time.

Over the past few years, California’s legislators and voters have approved several bills and initiatives regarding criminal law matters. These laws can directly or indirectly affect those charged with driving under the influence (DUI) in our state.

This article explains how some of California’s new criminal laws might affect DUI cases. It will also explain why others may not.  After reading this article, be sure to ask a Marin County DUI attorney about how these changes might apply to your case.

The Forces Behind the Recent Changes to California’s Criminal Laws

California legislators have to balance two competing concerns in making laws about DUI.

On the one hand, they must consider the risks of impaired driving. While all car accidents carry a risk of injury, DUI accidents are especially dangerous. Drivers under the influence are far more likely to cause fatal crashes. In fact, one study of DUI accidents found that those who drove at the legal blood alcohol content (BAC) level of 0.08 were 13 times more likely to cause fatal crashes than sober drivers.

On the other hand, California is a national leader in criminal justice reform. Over the years, activists have highlighted the unfairness of many criminal laws that were once generally accepted. California has taken these concerns to heart and worked hard to revise its criminal laws to promote fairness.

The laws below reflect the legislature’s attempts to balance these opposing goals.

Key Changes to California’s DUI Laws Since 2020

Some of California’s new criminal laws affect the punishments and penalties available in DUI cases. Others provide post-conviction relief to those who either plead guilty to or are found guilty of DUI. Here are some notable changes from the past few years:  

Proposition 36

Proposition 36, also known as the “Homelessness, Drug Addiction, and Theft Reduction Act,” was approved by California voters in November 2024. The law’s primary focus was to increase penalties for certain theft and drug offenses. Prop 36 requires that people with two prior drug convictions who are arrested for a third time be charged with a “treatment-mandated” felony. When a crime is treatment-mandated, eligible persons are able to participate in drug treatment programs.

While Prop 36 doesn’t directly address DUI offenses, it may have an indirect effect in some DUI cases. Early court interpretations seem to indicate that a person charged with DUI and drug crimes arising out of the same incident may not be eligible for the alternative sentencing options provided by Prop 36. A Marin County criminal defense lawyer can tell you more about how Prop 36 and other sentencing laws may apply to your DUI case.

No Probation Relief

In 2020, Governor Newsom signed AB 1950. The law shortened the maximum term of probation in California. For felonies, the law reduced the maximum time on probation from five to two years. The law also decreased the limit on misdemeanor probation from three years to one.

While this sounds like a promising development, AB 1950 does not apply where the law at issue contains its own probation terms. California’s DUI probation law says that any term of probation must be “not less than three nor more than five years.” Because the California Vehicle Code sets its own probation terms, AB 1950 won’t help those accused of DUI.

DUIs and Diversion – An Ongoing Question

Diversion is an alternative sentencing option. In diversion, rather than jail or probation, the court orders the defendant to complete certain tasks within a certain time. If the defendant complies, the court can dismiss the case.

In 2021, AB 3234 gave California judges discretion to grant pretrial diversion for nearly all misdemeanors. In theory, this includes DUI. However, the California Vehicle Code states that diversion programs are not an option in DUI cases. Because these two laws conflict, California courts have been debating whether diversion is available in DUI cases. The First Appellate District Court of Appeal – the court that issues decisions that judges and lawyers in Marin County must obey – has ruled that AB 3234 does not allow diversion in DUI cases. However, other courts disagree. Moreover, the California Supreme Court has yet to weigh in on the issue. A Marin County DUI defense attorney can tell you more about the availability of diversion and other forms of alternative sentencing in your case.

Expungement

Driving under the influence is a terrible decision, but one bad decision should not control your life forever. California allows people to expunge their criminal records. California doesn’t offer “true” expungement as the public record will remain, but the record of conviction will be removed. Two new laws, AB 1076 and SB 731, make expungement easier for people convicted of DUI. For example, after a person’s first DUI conviction, expungement is available after probation. Even better, misdemeanor DUI convictions are automatically sealed one year after completion.

Driver’s License Protections

One of the most serious collateral consequences of a conviction is the loss of a driver’s license. The inability to drive can make getting to work difficult and create increased financial stress. Before 2024, courts could – and often did – impound a defendant’s driver’s license for failure to pay fines related to their DUI case. AB 1125 removed this authority, allowing those convicted of DUI to continue earning, caring for their families, and contributing to society.

Ask a Marin County DUI Attorney About California’s DUI Law

The laws outlined in this article prove that the law is constantly changing. Many more changes to California’s DUI laws are on the horizon. If you’ve been arrested for DUI and have questions about how these or other changes to California’s criminal laws or DUI laws might affect your case, call Brownstein Law Group. We help people charged with DUI and other serious crimes. We’ll use our extensive experience and knowledge of the law to fight aggressively on your behalf. Contact us today to learn more about how Brownstein Law Group can help you.