California Gets Tougher On DUIs In 2026 With New Laws

DUI enforcement in California has always been serious. You can see it in the saturation patrols on weekend nights, the pop-up checkpoints during holidays, and the roadside signs all reminding you that DUI means a suspended license, heavy fines, and possible jail. Law enforcement doesn’t just suggest you think twice about drinking and driving; they build entire operations around stopping it.

And still, the numbers remain high. The California Highway Patrol reports over 125 thousand DUI arrests every year. That’s roughly 340 people taken into custody every single day, and many more stopped, tested, and cited. Behind those numbers are families shattered by fatal crashes, injuries that never fully heal, and repeat offenders cycling through the same courtrooms again and again.

Now in 2026, lawmakers raised the bar even higher. Two key pieces of legislation rolled out this year: Assembly Bill 366 and Assembly Bill 1087. They clamp down harder on offenders and give courts less room for leniency. Here’s what changed and what you need to know if you ever find yourself facing flashing red and blue lights after a night out.

Ignition Interlock Devices: No Longer Optional

Assembly Bill 366 expanded the ignition interlock program statewide. Before this year, courts often reserved these devices for repeat offenders or high-BAC cases. Now, they are being ordered more frequently for first-time DUI convictions as well.

An ignition interlock device, or IID, is a breathalyzer installed directly in your car. You have to blow into it before your car will start. If alcohol is detected, the engine stays locked. You’re also required to take rolling tests while driving, proving you’re still sober every few minutes. Skip one, or fail one, and it gets reported immediately.

Under the new law, the court can order an IID for up to twelve months on a first offense, and even longer if there are aggravating circumstances. Failing to install one if ordered is not just a violation, it’s a criminal offense that can result in thousands of dollars in fines and up to six months in jail.

Also, this is not a set it and forget it device. Drivers must report back every 60 days to a certified provider to recalibrate the unit. If you miss your service window, your car may lock up completely, and you risk violating the terms of your sentence.

Harsher Probation for DUI Deaths and Injuries

Assembly Bill 1087 adds weight to another category of DUI cases: the tragic ones that involve serious injury or death. Before 2026, drivers convicted of DUI manslaughter might receive one or two years of probation depending on the circumstances. That’s no longer the case.

Now, the minimum probation term is three years, and it can extend up to five years or more. This may not sound like much on paper, but probation is no joke. You can’t drink, you can’t leave the county without permission, and you often have to submit to random drug and alcohol tests. One slip, one missed appointment, or one failed test, and you’re in violation. That means jail time or prison, depending on the original charge.

Courts and prosecutors are now less inclined to negotiate these cases down. And judges have stricter sentencing guidelines that remove a lot of flexibility. This change reflects a growing pressure from victims’ families and public safety advocates demanding stronger consequences for preventable tragedies.

California’s DUI Laws Are Some of the Toughest

Aside from these updates, California DUI laws remain among the strictest in the country. The legal limit is 0.08 for most drivers, but it drops to 0.04 if you’re driving a commercial vehicle, and just 0.01 if you’re under 21.

Refusing a chemical test can cost you your license instantly through administrative action from the DMV, regardless of whether you are later convicted in court. If you have a prior DUI and refuse a test, you’re looking at a two-year license suspension minimum before any trial even begins.

California also tracks DUI offenses over a ten-year period. That means any DUI within the last decade counts as a prior and can double or triple your punishment if you’re charged again.

Tough Situation Requires Tough DUI Attorney Representation

Getting pulled over for DUI is one of the most stressful experiences any driver can face. It threatens your license, your finances, and your record. And now with these new laws, the risks are even greater. More jail time, longer probation, more restrictions. But a citation or arrest is not the same as a conviction.

Our criminal traffic attorneys have experience defending DUI cases across the state. We know how to challenge the traffic stop, question the field sobriety tests, expose issues with the breath or blood tests, and push back against inflated charges. We’ve helped thousands of clients protect their records and their freedom.

If you’ve been arrested for DUI, time is critical. Call Ticket Clinic California today for a free consultation.