California Traffic & DUI Law Changes 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.
What Are the New DUI and Traffic Law Changes in California for 2026?
Beginning January 1, 2026, California implemented several DUI and traffic-related updates, including:
- Extended probation terms for vehicular manslaughter while intoxicated
- Expansion of ignition interlock device (IID) enforcement
- Broader authority for courts to reduce certain felony offenses
- Increased automated speed and red-light enforcement
- Expanded “Move Over” requirements for stopped vehicles
These updates increase supervision periods, administrative enforcement, and technology-based traffic monitoring across the state.
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. This change may impact defendants facing felony DUI charges.
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.
What These 2026 Changes Mean for Drivers
California’s 2026 updates reflect a continued shift toward:
- Longer probation and supervision periods
- Expanded ignition interlock compliance
- Increased automated traffic enforcement
- Administrative license actions occurring before court resolution
For drivers facing DUI charges, the financial, licensing, and probation consequences are more structured and longer-lasting than in prior years.
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 after a DUI arrest 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.
Do these new DUI laws apply to first-time offenders?
Yes. Many administrative requirements, including ignition interlock device installation and DMV license actions, apply even to first-time DUI offenders.
Attorney Attribution
Written and reviewed by The Law Offices of Kirk Tarman & Associates, with over 25 years of experience as a Criminal Defense Trial Attorney serving clients throughout Southern California as a Rancho Cucamonga DUI and criminal defense law firm.
Related DUI Resources
If you are facing a DUI arrest in California, you may also want to review:
Each of these issues can significantly impact your driving privileges and long-term record.
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.