Legis
Transportation
AB 1546, Chapter 444, Statutes of 2026 · Friday 25 September 2026

Vehicles: driving under the influence

California makes repeat DUI offenses eligible for felony prosecution sooner.

A third DUI-related conviction within 10 years can now be charged as either a misdemeanor or felony, and a fifth or later such conviction within 10 years must be charged as a felony. The law also preserves license revocation and habitual-traffic-offender consequences for repeat offenders.

What the law does ​

  • Makes a DUI conviction within 10 years of two prior qualifying DUI-related convictions punishable as either a misdemeanor or felony, with 120 days to one year in county jail or 16 months, two years, or three years in custody, plus a $390 to $1,000 fine.
  • Makes a DUI conviction within 10 years of three prior qualifying DUI-related convictions punishable as either a misdemeanor or felony, with 180 days to one year in county jail or 16 months, two years, or three years in custody, plus a $390 to $1,000 fine.
  • Requires felony punishment for a DUI conviction within 10 years of four or more prior qualifying DUI-related convictions, including 16 months, two years, or three years in custody and a $390 to $1,000 fine.
  • Continues driver’s-license revocation and a three-year habitual traffic offender designation for these repeat DUI convictions.
  • Treats felony convictions under the revised repeat-DUI provisions as disqualifying convictions for a Good Driver Discount insurance policy.

Who it affects ​

  • Drivers convicted of repeated DUI or qualifying alcohol-related reckless-driving offenses within 10 years.
  • Insurers determining eligibility for Good Driver Discount policies.
  • The Department of Motor Vehicles and local criminal justice agencies enforcing repeat-DUI penalties.