As California enters 2026, a series of significant new laws and amendments affecting DUI enforcement, traffic violations, and criminal procedure have officially taken effect. These changes respond to rising DUI arrest rates, persistent traffic-related fatalities, and the rapid expansion of automated traffic enforcement technologies across the state.
According to Paul P. Cheng, Esq., a Southern California trial attorney and former prosecutor, these updates mark a meaningful shift in California’s approach to traffic regulation and criminal justice.
“From harsher consequences for serious DUI offenses to expanded use of automated enforcement, California is clearly moving toward longer supervision periods and technology-driven traffic control. For drivers, understanding how these changes impact their rights and obligations is critical.”
Below is a comprehensive overview of the most important 2026 California DUI and traffic law updates, and what they mean for drivers.
Key DUI and Criminal Procedure Changes
Extended Probation for DUI Manslaughter Convictions
AB 1087 (Patterson) – Penal Code §191.5
- What Changed: Individuals convicted of DUI manslaughter or gross vehicular manslaughter while intoxicated and granted probation must now serve three to five years of probation. Previously, probation was often limited to two years.
- Impact: Longer probation periods mean extended exposure to strict conditions, including search and seizure clauses, alcohol restrictions, and increased risk of incarceration for any probation violation.
Ignition Interlock Device (IID) Program Extended
AB 366 (Petrie-Norris) – Vehicle Code §13352
- What Changed: California’s statewide mandatory ignition interlock device (IID) requirement for DUI offenders has been extended through January 1, 2033.
- Impact: IID installation remains a central requirement for driver’s license reinstatement in most DUI cases, including many first-offense DUIs.
Expanded Authority to Reduce Felonies to Misdemeanors
AB 321 (Schultz) – Penal Code §17
- What Changed: Courts may now reduce eligible “wobbler” offenses (charges that can be filed as either a felony or misdemeanor) at any time before trial, rather than only at the preliminary hearing stage.
- Impact: Defense attorneys now have greater flexibility to present mitigation evidence, demonstrate rehabilitation, and negotiate misdemeanor outcomes later in the case process.
Delayed License Suspension Authority for Street Racing
SB 128 – Vehicle Code §23109
- What Changed: Expanded court authority to impose driver’s license suspensions for street racing offenses has been delayed until January 1, 2029.
- Impact: Street racing enforcement continues, but enhanced suspension powers will not take effect until the delayed implementation date.
New Traffic Enforcement and Vehicle Equipment Laws
Automated Speed Enforcement in Highway Construction Zones
AB 289 (Haney)
- What Changed: Caltrans may now pilot automated speed enforcement cameras in active highway construction zones.
- Impact: Citations are treated as civil penalties, similar to parking tickets. No DMV points are assessed, but fines may apply.
Ban on License Plate Covers and Tints
AB 1085 (Stefani)
- What Changed: The sale, installation, or use of any license plate covers, tints, or devices that interfere with electronic plate readability is now prohibited.
- Impact: Drivers using obstructed or altered plates may be cited, especially where devices are intended to evade tolls or traffic cameras.
Red Light Camera Violations Classified as Civil Penalties
SB 720 (Ashby) – Vehicle Code §21455.9
- What Changed: Local governments may operate alternative automated red-light enforcement systems, with violations treated as civil infractions rather than criminal offenses.
- Impact: No DMV points are assessed, but fines may still be imposed and challenged in traffic court or small claims court.
Expanded “Move Over” Law
AB 390 (Wilson) – Vehicle Code §21809
- What Changed: Drivers must now slow down or change lanes for any stationary vehicle displaying hazard lights or warning devices, not just emergency vehicles.
- Impact: Increased responsibility for drivers when approaching stopped vehicles on roadways.
School Zones, E-Bikes, and Child Safety Updates
Lower Speed Limits in School Zones
AB 382 (Berman)
- What Changed: Establishes a framework to reduce school-zone speed limits from 25 mph to 20 mph when children are present.
- Statewide Implementation: Scheduled by 2031.
New Child Passenger Safety Standards
AB 435 (Wilson) – Vehicle Code §27315
What Changed: Beginning January 1, 2027, California will adopt a formal five-step safety test to determine when a child may safely transition from a booster seat to a standard seat belt.
Why These Changes Matter
Statewide data shows DUI arrests have surged post-pandemic, while alcohol-related traffic fatalities remain a serious concern. In response, lawmakers have expanded IID requirements, lengthened probation periods for serious DUI offenses, and accelerated the use of automated enforcement technologies.
“These laws reflect a long-term shift toward stricter supervision and technology-based enforcement,” explains Paul P. Cheng, Esq. “For anyone facing DUI or traffic-related charges, early legal guidance from an attorney who understands these evolving laws is essential.”
Frequently Asked Questions (FAQ)
What happens after a DUI arrest in California in 2026?
A DUI arrest triggers both a criminal court case and a DMV administrative action. Drivers have 10 days to request a DMV hearing to challenge license suspension.
Is an IID still required after a DUI?
In most cases, yes. IID installation remains a primary condition for license reinstatement and will continue at least through 2033.
Can a felony DUI be reduced to a misdemeanor?
If the charge is a qualifying “wobbler,” courts may now reduce it to a misdemeanor at any point before trial.
Are speed camera tickets criminal offenses?
No. Under the new pilot programs, speed camera citations are civil penalties and do not carry DMV points.
Experienced Defense Matters More Than Ever
The 2026 legal landscape brings stricter enforcement, more complex procedures, and higher potential consequences. Whether you are facing a DUI charge, serious traffic violation, or citation from new automated enforcement systems, having an experienced defense team is critical. The Law Offices of Paul P. Cheng, APC remains at the forefront of California DUI, criminal defense, and traffic law. Our team understands how these new laws affect defense strategy and works aggressively to protect our clients’ rights, freedom, and future - both inside and outside the courtroom.
If you or a loved one is facing DUI or traffic-related charges, do not wait.
Call (626) 356-8880
Email: info@pprclaw.com
Confidential consultations available.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Each situation is unique. For legal advice specific to your circumstances, consult a qualified attorney directly.