For years, California has had a reputation for going easy on repeat drunk drivers. In most cases, you couldn’t be charged with a felony until your fourth DUI in a decade. That’s about to change.
On January 1, 2027, two new laws signed by Governor Gavin Newsom in September take effect. One makes it possible to charge a third DUI as a felony. The other, known as Braun’s Law, closes a gap that let some drivers avoid a serious legal warning through plea deals.
If you’ve never had a DUI, none of this changes your daily drive. But if you or someone you know has one on their record, it’s worth understanding.
A Third DUI Can Now Be a Felony
Under current law, a first, second or even third DUI without injuries is a misdemeanor. Assembly Bill 1546, written by Assemblymember Nick Schultz of Burbank, changes that.
Starting in 2027, a third DUI within 10 years becomes what lawyers call a “wobbler.” Prosecutors get to decide whether to charge it as a misdemeanor or a felony. If they go the felony route, the sentence can be 16 months, two years or three years, usually served in county jail rather than state prison.
The law also gets stricter at the top end. A fifth DUI within 10 years will always be a felony, with no misdemeanor option at all.
Here’s how it breaks down:
| DUI within 10 years (no injury) | Until Dec. 31, 2026 | Starting Jan. 1, 2027 |
|---|---|---|
| 1st or 2nd | Misdemeanor | No change |
| 3rd | Misdemeanor | Misdemeanor or felony |
| 4th | Misdemeanor or felony | No change |
| 5th or more | Misdemeanor or felony | Felony only |
These rules cover DUIs where nobody was hurt. DUIs causing injury could already be charged as felonies.
What Is Braun’s Law?
Braun’s Law is part of Senate Bill 907, written by Senator Bob Archuleta of Pico Rivera. It’s named after Braun Levi, an 18-year-old Loyola High School student and nationally ranked tennis player. He was killed in May 2025 while walking in Manhattan Beach, struck by a suspected repeat drunk driver.
For Archuleta, the issue is personal. His own granddaughter was killed by a repeat drunk driver in December 2024.
Here’s the loophole the law fixes. When someone in California is convicted of DUI, the judge formally warns them that drunk driving is dangerous to human life. If they do it again and someone dies, they could be charged with murder. Prosecutors can later use that warning to show the driver knew the risk.
But plenty of DUI cases end in plea deals, where the charge is reduced to something lesser, like a “wet reckless.” In those cases, the driver might never hear that warning. Starting in 2027, they will. Courts must give the same warning whenever a DUI charge is pleaded down.
The law doesn’t change what counts as murder. It just makes sure more drivers hear the warning before it’s too late.
Hit-and-Run Penalties Go Up, Too
SB 907 also raises sentences for hit-and-run drivers who have a DUI, wet reckless or vehicular manslaughter conviction in the past 10 years. A hit-and-run causing injury can bring two to four years. If someone is killed or seriously and permanently injured, it’s three to five years.
Two More Laws Are Coming, Just Not Yet
Newsom also signed two bills from Assemblymember Tom Lackey, a Palmdale Republican and former CHP officer. Both are on hold until January 1, 2031.
One adds three points to your driving record, instead of two, for gross vehicular manslaughter while intoxicated. The other, called Irene’s Law, takes away the license for six years from anyone convicted of an injury DUI who already has four or more DUIs in the past decade.
A broader bill that would have required ignition interlock devices for more offenders didn’t make it through the Legislature this year. The governor has asked lawmakers to take another shot at it in 2027.
The Bottom Line
The message from Sacramento is pretty clear: repeat drunk driving is going to cost a lot more than it used to. And the best way to avoid any of this hasn’t changed. If you’ve been drinking, call a ride, hand over the keys or take transit.
Frequently Asked Questions
When do the new DUI laws start?
SB 907 and AB 1546 take effect January 1, 2027. AB 1685 and AB 1687 start January 1, 2031.
Do DUIs from before 2027 still count?
Yes. The new penalties only apply to offenses committed on or after January 1, 2027, but older DUIs still count as priors if they fall within the 10-year window.
Does a wet reckless plea still help?
It’s still a different conviction from a DUI. But starting in 2027, it comes with the same murder warning, and it already counts as a prior if you’re arrested for DUI again.
Sources
- SB 907 bill text: California Legislative Information
- Senator Bob Archuleta: Governor Newsom Signs SB 907
- California Senate Public Safety Committee analysis of AB 1546
- CalMatters: California’s new DUI laws
This article is for general information only and isn’t legal advice. If you’re facing a DUI charge, talk to a licensed California attorney.