California Traffic & DUI Law Changes Taking Effect January 1, 2026
As California enters 2026, several significant updates to DUI, traffic enforcement, and criminal procedure laws take effect. These changes reflect legislative efforts to address rising DUI arrests, ongoing traffic fatalities, and increased reliance on automated enforcement technology.
Below is an overview of the most significant DUI and traffic law changes taking effect on January 1, 2026, and their impact on California drivers.
Major DUI & Criminal Procedure Updates
Extended Probation for Vehicular Manslaughter While Intoxicated
AB 1087 (Patterson) – Penal Code § 191.5
If a person is convicted of vehicular manslaughter while intoxicated or gross vehicular manslaughter and granted probation, the probation term must now be set between three and five years. Previously, probation terms were often limited to two years.
This change increases the length of time a defendant remains subject to probation conditions, including search and seizure terms, alcohol restrictions, and the risk of probation violations that may result in custody.
Ignition Interlock Device (IID) Program Extended
AB 366 (Petrie-Norris) – Vehicle Code § 13352
California’s statewide ignition interlock device requirement for DUI offenders has been extended through January 1, 2033.
IID installation remains a primary requirement for reinstating driving privileges in most DUI cases, including many first-offense DUIs. Drivers should expect continued enforcement of IID conditions as part of DUI sentencing and DMV reinstatement requirements.
Expanded Authority to Reduce Felonies to Misdemeanors
AB 321 (Schultz) – Penal Code § 17
Courts may now reduce eligible “wobbler” felony offenses to misdemeanors at any time prior to trial, rather than only at the preliminary hearing stage.
This procedural change allows defense counsel additional time to present mitigation, negotiate reductions, and seek misdemeanor treatment based on compliance, rehabilitation efforts, or case developments.
Delay of License Suspensions for “Sideshow” Violations
SB 128 – Vehicle Code § 23109
The court’s authority to impose driver’s license suspensions specifically related to sideshow activity has been delayed until January 1, 2029. Enforcement of sideshow offenses continues, but the expanded suspension authority will not take effect until that date.
New Traffic Enforcement & Vehicle Equipment Laws
Automated Speed Cameras in Highway Work Zones
AB 289 (Haney)
Caltrans is authorized to operate a pilot program using automated speed safety systems in active highway construction zones. Vehicles detected speeding may receive citations issued to the registered owner.
These violations are treated as civil penalties, similar to parking tickets. While no DMV points are assessed, fines may still apply.
Ban on License Plate Covers and Tints
AB 1085 (Stefani)
It is now illegal to sell, install, or use any license plate cover, tint, or device that obstructs electronic reading of a license plate. This includes covers designed to evade toll systems, red-light cameras, or law enforcement scanning devices.
Drivers using obstructed or altered license plates may be subject to citation.
Red Light Camera Violations Treated as Civil Penalties
SB 720 (Ashby) – Vehicle Code § 21455.9
Local governments may operate alternative automated red-light enforcement systems. Violations issued under these systems are treated as civil penalties, not criminal infractions.
No DMV points are assessed, though fines may still be imposed and contested through traffic or small claims court.
Expanded “Move Over” Law
AB 390 (Wilson) – Vehicle Code § 21809
Drivers must now slow down or move over a lane for any stationary vehicle displaying hazard lights or warning devices, not just emergency vehicles. This expansion increases driver responsibility when approaching stopped vehicles on roadways.
School Zone, E-Bike, and Child Safety Updates
School Zone Speed Limit Changes
AB 382 (Berman)
This legislation establishes the framework for reducing school zone speed limits from 25 mph to 20 mph when children are present. Full statewide implementation is scheduled for 2031.
Child Passenger Restraint Standards
AB 435 (Wilson) – Vehicle Code § 27315
Beginning January 1, 2027, California will formally adopt a five-step safety test to determine when a child may safely transition from a booster seat to a standard seatbelt.
Why These Changes Matter
Statewide data shows DUI arrest rates rebounded significantly following the pandemic, while alcohol-related traffic fatalities remain a concern. In response, lawmakers extended ignition interlock requirements, increased probation terms for serious DUI-related offenses, and expanded automated traffic enforcement programs.
Together, these changes signal a continued shift toward longer supervision periods and technology-driven traffic enforcement throughout California.
Frequently Asked Questions
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.
Will I need an ignition interlock device after a DUI?
In most cases, yes. IID installation remains a primary requirement for license reinstatement and will continue through at least 2033.
Can a felony DUI be reduced to a misdemeanor?
If the offense qualifies as a “wobbler,” courts may reduce it to a misdemeanor at any point before trial, depending on the circumstances.
Are speed camera tickets criminal offenses?
No. Speed camera citations issued under the new program are civil penalties and do not carry DMV points.
Attorney Attribution
Written and reviewed by The Law Offices of Kirk Tarman & Associates, serving clients throughout San Bernardino, Riverside, Los Angeles, and Orange Counties, with over 25 years of criminal defense experience.
Disclaimer
This article is for informational purposes only and is not legal advice. Laws are subject to change. If you have questions about a DUI or traffic matter, contact our office to discuss your situation.