Orange County DUI Lawyer Blog
California just passed its biggest set of DUI changes in years. In September 2026, Governor Newsom signed four bills aimed mostly at repeat offenders. Most of the changes to criminal penalties take effect January 1, 2027. If you have a prior DUI, a “wet reckless,” or a pending case in Orange County, these laws may change the risks you face. This post covers what changed, where the laws can be challenged, and how our firm defends people charged under them.
The Four New DUI Laws
AB 1546: A third DUI can now be a felony. Before this law, a third DUI within ten years could only be charged as a misdemeanor. A felony was not possible until the fourth. Starting January 1, 2027, a third qualifying DUI within ten years is a “wobbler,” which means the prosecutor can file it as either a misdemeanor or a felony. A fifth or later DUI within ten years becomes a straight felony. The felony sentencing range is 16 months, 2 years, or 3 years under Penal Code § 1170(h).
SB 907 (Braun’s Law): Warnings on plea-downs and harsher hit-and-run penalties. California courts already give a Watson advisement when someone is convicted of DUI. That advisement warns that if you later drive impaired and someone dies, you can be charged with murder. Starting in 2027, courts must also give this warning when a DUI charge is reduced to a lesser offense, such as a wet reckless. SB 907 also raises the felony sentencing ranges for injury and fatal hit-and-run (Vehicle Code § 20001) when the driver has a qualifying prior within ten years.
AB 1685: More DMV points for gross vehicular manslaughter while intoxicated. Starting in 2031, a conviction under Penal Code § 191.5(a) carries three negligent-operator points instead of two. An ordinary DUI conviction still carries two points.
AB 1687 (Irene’s Law): A six-year license loss for some injury DUIs. Starting in 2031, a driver convicted of certain injury DUIs under Vehicle Code § 23153 who has four or more qualifying priors within ten years loses the license for 72 months. A restricted license with an ignition interlock device may be available after one year.
These laws build on changes that took effect January 1, 2026. Those include AB 366, which extended California’s ignition interlock program through 2033, and AB 1087, which lengthened probation for vehicular manslaughter while intoxicated.
Possible Court Challenges
New criminal statutes always bring litigation, and these are no exception. Several kinds of challenges are worth watching.
Ex post facto and the date of the offense. The U.S. and California Constitutions bar increasing the punishment for conduct after the fact. Courts have generally allowed sentencing laws to count prior convictions that came before the law was passed. The current offense, however, must occur on or after the effective date. If your new arrest happened before January 1, 2027, prosecutors should not be able to file a third DUI as a felony under AB 1546. Charging documents and offense dates need close review.
Attacking the prior convictions. Under AB 1546, the number of priors decides whether you face a felony. That makes each prior a target. Through a Sumstine motion (People v. Sumstine (1984) 36 Cal.3d 909), the defense can challenge a prior conviction that was obtained without a valid waiver of constitutional rights. Examples include a plea where the defendant was not advised of the right to counsel, or where the record does not show a knowing, intelligent waiver. Each struck prior can move a case down a tier, sometimes from felony back to misdemeanor.
Does the prior actually qualify? The ten-year lookback runs from offense date to offense date. A wet reckless counts only if it qualifies under Vehicle Code § 23103.5. Out-of-state convictions must be shown to be substantially equivalent to California’s statutes. Prosecutors carry the burden of proving all of this, and errors in old court records are common.
Limits on Braun’s Law advisements. In a later murder prosecution, the State will argue that a Watsonadvisement given on a plea-down proves the defendant knew the danger. The defense can respond that an advisement read aloud at a plea hearing years earlier does not, by itself, prove the defendant actually knew of the risk, which is what implied malice requires. How courts weigh these new advisements will be argued case by case.
Reducing the wobbler. Because a third DUI is now a wobbler, the decision to charge a felony is not automatic. Defense counsel can argue for misdemeanor filing at the start. Under Penal Code § 17(b), counsel can also ask the court to reduce the charge, using mitigation such as treatment, employment, family obligations, and the facts of the incident.
How We Help
At the Law Offices of William M. Weinberg PLC, we defend people charged with DUI throughout Orange County, from Harbor Justice Center to the Central Justice Center in Santa Ana. Under the new laws, our approach includes:
- Auditing your record.We get court files, plea transcripts, and DMV records for every alleged prior to check whether each one legally qualifies and was validly obtained.
- Testing the current arrest.We examine the stop, field sobriety tests, breath and blood testing, chain of custody, and the timing of any rising blood alcohol.
- Fighting felony filing.We present mitigation to the prosecutor before charges are filed and pursue § 17(b) reductions when a felony is filed.
- Protecting your license.We handle the DMV administrative hearing, which has its own ten-day deadline, alongside the criminal case.
- Thinking ahead.We advise on how any plea, including a wet reckless that now triggers a Braun’s Law advisement, could affect you if you are ever charged again.
Talk to an Orange County DUI Defense Attorney Today
The new laws raise the stakes for anyone with a DUI history, and the early weeks of a case often decide the outcome. Call (949) 474-8008 or email bill@williamweinberg.com for a confidential consultation. Our office is at 19200 Von Karman Avenue, Suite 380, Irvine, California 92612.
Frequently Asked Questions
1. When do California’s new DUI laws take effect?
AB 1546 and SB 907 take effect January 1, 2027. The DMV changes in AB 1685 and AB 1687 become operative January 1, 2031.
2. Is a third DUI a felony in California now?
It can be. Starting January 1, 2027, a third DUI within ten years is a wobbler, so the prosecutor may file it as a misdemeanor or a felony. A fifth or later DUI within ten years is always a felony.
3. Does a wet reckless count as a prior DUI?
Yes. A qualifying wet reckless under Vehicle Code § 23103.5 counts toward the ten-year lookback. Under Braun’s Law, pleading to one will also trigger a Watson murder advisement.
4. Can my old DUI convictions be challenged?
Often, yes. A Sumstine motion can challenge a prior conviction obtained without a valid waiver of constitutional rights. If the prior is struck, it cannot be used to raise your current charge.
5. Will the new laws apply to my pending case?
Generally, the increased penalties apply only to offenses committed on or after the effective date. Your arrest date, your charging documents, and your prior record all matter, so talk to DUI attorney William Weinberg about your specific case.