Key Takeaways

• AB 1546 takes effect January 1, 2027 and makes a DUI with four or more qualifying prior convictions within 10 years a felony under PC 1170(h).
• A DUI with three qualifying prior convictions within 10 years remains a wobbler, meaning it can be charged as a misdemeanor or felony.
• SB 907 increases penalties for certain hit-and-run cases involving a prior qualifying DUI, including state-prison terms of 2, 3 or 4 years for injury crashes.
• Hit-and-run crashes involving death or permanent serious injury can carry 3-, 4-, or 5-year state-prison terms when the statutory prior-conviction requirements are met.
• Additional DUI-related DMV changes under AB 1685 and AB 1687 begin in 2031, not 2027.

California is getting tougher on repeat DUI offenses. On September 25, 2026, Governor Gavin Newsom signed a package of four bills that increase penalties for certain repeat DUI offenses, hit-and-run crashes, and other serious driving offenses. However, not all of the changes take effect at the same time. Some begin January 1, 2027, while others do not take effect until 2031.

For anyone facing a DUI in California, understanding these changes could become especially important if you have prior convictions.

A Fourth DUI Is About to Get More Serious

One of the biggest changes comes from Assembly Bill 1546 (AB 1546).

Under the new law, a DUI conviction under Vehicle Code 23152 (VC 23152) that occurs within 10 years of three separate qualifying prior convictions remains a wobbler. In other words, prosecutors can pursue it as either a misdemeanor or felony, depending on the circumstances.

That is important because three prior convictions plus the current DUI generally means the person is facing a fourth DUI conviction within the 10-year period.

The bigger change comes with four or more qualifying prior convictions within 10 years.

In that situation, AB 1546 makes the new DUI a felony punishable under California Penal Code 1170(h) (PC 1170(h)), with a potential term of 16 months, two years, or three years.

So, in simple terms:

• Three prior qualifying convictions + new DUI: remains a wobbler.
• Four or more prior qualifying convictions + new DUI: becomes a felony.
• The changes are scheduled to take effect January 1, 2027.

New Hit-and-Run Penalties for Repeat DUI Offenders

Another major change comes from Senate Bill 907 (SB 907), also known as Braun’s Law.

The law changes Vehicle Code 20001 (VC 20001), which covers leaving the scene of a crash involving injury or death.

Starting January 1, 2027, a person who leaves an injury crash within 10 years of certain qualifying prior convictions, including a prior DUI under VC 23152 or VC 23153, can face a two-, three-, or four-year state-prison term.

The penalties increase further when the crash involves death or permanent serious injury. In those circumstances, the new law provides for a three-, four-, or five-year state-prison term when the required prior conviction is present. That means leaving the scene after a serious DUI-related crash can carry consequences far beyond the underlying DUI charge.

Some Changes Won’t Happen Until 2031

Not every new California DUI law starts next year.

For example, AB 1687, known as Irene’s Law, creates a much longer driving restriction for certain people convicted of DUI causing injury who also have four or more qualifying prior convictions within 10 years. The new provision becomes operative January 1, 2031 and includes a 72-month revocation framework and a mandatory ignition interlock requirement, subject to the statute’s conditions.

Meanwhile, AB 1685 changes DMV point rules for certain serious DUI-related convictions. Beginning in 2031, a conviction for gross vehicular manslaughter while intoxicated and with gross negligence under Penal Code 191.5(a) (PC 191.5(a)) will count as three violation points instead of two.

So, California’s DUI changes are not one single new law. They are a package of changes happening on different timelines.

What Does This Mean If You Have a DUI?

The biggest takeaway is that prior convictions matter more than ever.

If you are facing a DUI in California, an attorney may need to look closely at:

• How many prior DUI-related convictions you have
• When those convictions occurred
• Whether they qualify under the new laws
• Whether anyone was injured or killed
• Whether a hit-and-run allegation is involved
• Whether your case falls under the 2027 or 2031 changes
• Potential criminal and DMV consequences

A DUI arrest does not automatically mean you will be convicted. Likewise, having prior convictions does not mean every new case will be charged or sentenced in exactly the same way.

Because California’s DUI laws are changing, timing and the exact history of a case can make a major difference.

If you or someone you love is facing a DUI charge in California, call our offices at 909-939-7126 to speak to an experienced criminal defense attorney who has handled hundreds of DUI related cases. The first consultation is free.

FAQs

1. Does California’s new DUI law make a third DUI a felony?

Not exactly. AB 1546 makes a DUI with three qualifying prior convictions within 10 years a wobbler; the new straight-felony provision applies when there are four or more qualifying prior convictions.

2. When do the new California DUI laws take effect?

Two major changes, AB 1546 and SB 907, are scheduled to take effect January 1, 2027. Other changes under AB 1685 and AB 1687 do not become operative until January 1, 2031.

3. What happens if I get a DUI after four prior DUI convictions?

Under the new AB 1546 rules, a DUI within 10 years of four or more qualifying prior convictions is punishable as a felony under PC 1170(h), with a potential 16-month, two-year, or three-year term.

4. Does a prior DUI make a hit-and-run more serious?

It can. Beginning January 1, 2027, SB 907 increases the penalties for certain hit-and-run offenses involving injury or death when the driver has a qualifying prior conviction within 10 years.

5. Do these new laws affect a DUI that happened before January 1, 2027?

The effective date alone does not answer every case. Whether a new penalty applies can depend on the offense date, the statute’s operative language, and the specific procedural posture of the case, so anyone facing a DUI should have an attorney review the individual circumstances.