California DUI Laws 2026, Probation Just Jumped to 5 Years New Ignition Interlock Requirements and Penalties
California extended its ignition interlock device program for DUI offenders through January 1, 2033, and increased probation for vehicular manslaughter while intoxicated from two years to three to five years. These changes affect anyone convicted of drunk driving in California, requiring breathalyzer devices in vehicles and longer supervision periods for serious DUI cases.
What Changed in California DUI Laws 2026
Two major DUI law changes took effect January 1, 2026. Assembly Bill 366 extends the Statewide Ignition Interlock Device (IID) Pilot Program for specified DUI offenders to January 1, 2033. This law was set to expire at the end of 2025, but lawmakers extended it for another seven years.
The pilot program applies to DUI offenders convicted of a DUI involving alcohol or a combination of alcohol and drugs. If you’re required to install one, you must use a breath-activated device that prevents a vehicle from starting if alcohol is detected.
The second change affects people who kill someone while driving drunk. Assembly Bill 1087 increases probation terms for those convicted of vehicular manslaughter or gross vehicular manslaughter while intoxicated from two years to between three and five years.
Who Needs an Ignition Interlock Device in California
Not everyone with a DUI conviction needs an ignition interlock device. The requirement depends on your specific case.
You’ll need an IID if you’re convicted of:
- First-time DUI with injury to another person
- Second DUI offense within 10 years
- Third or subsequent DUI offense within 10 years
- DUI causing injury or death
First-time DUI offenders without injury typically don’t face mandatory IID installation. However, you can voluntarily install one to get your driving privileges back sooner.
How Long Do You Need an Ignition Interlock Device
The installation period depends on your offense:
First DUI with injury: 6 months minimum
Second DUI offense: 1 year minimum
Third DUI offense: 2 years minimum
Fourth or subsequent DUI: 3 years minimum
DUI causing death: 3 years minimum
These are minimum requirements. Courts can order longer periods based on your case details. The clock starts when you install the device, not when you’re convicted.
California Ignition Interlock Device Costs 2026
Installing and maintaining an ignition interlock device isn’t free. Here’s what you’ll pay:
Installation fee: $70 to $150
Monthly monitoring and calibration: $60 to $80
Removal fee: $50 to $100
For a one-year IID requirement, expect total costs between $850 and $1,200. California offers payment assistance programs for low-income drivers who can’t afford the full cost.
Contact the California Department of Motor Vehicles at 1-800-777-0133 to ask about financial assistance for ignition interlock devices.
How to Get an Ignition Interlock Device in California
Installing an IID requires specific steps:
Step 1: Get approval from the court or DMV after your DUI conviction
Step 2: Choose a state-certified IID provider from the DMV’s approved list
Step 3: Schedule installation at a certified location
Step 4: Complete DMV Form DL 920 (Verification of Installation)
Step 5: Submit proof of installation to DMV within 30 days
The DMV maintains a list of approved ignition interlock device manufacturers and installers. Only use certified providers, or your device won’t count toward your requirement.
California DUI Penalties Beyond Ignition Interlock Devices
DUI convictions come with multiple penalties besides IID installation.
First DUI offense penalties:
- Up to 6 months in county jail
- Fines between $390 and $1,000 (plus penalty assessments totaling $1,800 to $2,600)
- 6-month driver’s license suspension
- DUI school for 3 to 9 months
- 3 to 5 years informal probation
Second DUI offense penalties:
- 96 hours to 1 year in county jail
- Fines between $390 and $1,000 (plus penalty assessments)
- 2-year driver’s license suspension
- 18 to 30-month DUI program
- 3 to 5 years informal probation
Third DUI offense penalties:
- 120 days to 1 year in county jail
- Fines between $390 and $1,000 (plus penalty assessments)
- 3-year driver’s license suspension
- 30-month DUI program
- 3 to 5 years informal probation
Fourth or subsequent DUI offenses can be charged as felonies with state prison time.
DUI Vehicular Manslaughter Probation Changes
Assembly Bill 1087 specifically targets drunk drivers who kill people. Before 2026, someone convicted of vehicular manslaughter while intoxicated faced just two years of probation. Now, probation lasts between three and five years.
This change gives courts more flexibility to supervise dangerous offenders longer. During probation, you’ll face conditions like:
- Regular check-ins with a probation officer
- Random drug and alcohol testing
- Completion of DUI programs
- Community service requirements
- Possible electronic monitoring
Violating probation terms can result in jail time and additional penalties.
Can You Refuse an Ignition Interlock Device in California
You can refuse to install an IID, but there are consequences. Without installing the required device, you cannot legally drive in California during your restriction period.
Some people choose not to install an IID and instead:
- Use public transportation
- Rely on rideshare services
- Have family members drive them
However, the restricted period doesn’t end until you complete the full IID requirement. If you’re ordered to have an IID for one year but don’t install it, that year doesn’t start counting down.
California Restricted Driver’s License with IID
Installing an ignition interlock device allows you to get a restricted license and drive during your suspension period. This is called an IID-restricted license.
With an IID-restricted license, you can drive:
- To and from work
- During work hours if driving is part of your job
- To and from DUI program classes
- To and from medical appointments
- For family emergencies
You must blow into the device before starting your car. The device will also require random rolling retests while driving. If you fail a test, your car will honk and flash lights until you safely pull over and turn off the engine.
DUI Blood Alcohol Concentration Limits California 2026
California’s BAC limits remain the same in 2026:
0.08% or higher: Illegal for drivers 21 and older
0.04% or higher: Illegal for commercial drivers
0.01% or higher: Illegal for drivers under 21
Any detectable amount: Illegal for drivers on DUI probation
California follows “per se” DUI laws, meaning you’re automatically guilty if your BAC meets or exceeds these limits, regardless of whether you appear impaired.
DUI Checkpoints and Your Rights in California
DUI checkpoints remain legal in California in 2026. Police can stop drivers at sobriety checkpoints without reasonable suspicion.
At a DUI checkpoint, you must:
- Stop when directed by officers
- Provide your driver’s license and registration
- Answer basic questions about your identity
You don’t have to:
- Answer questions about drinking
- Consent to field sobriety tests (unless already arrested)
- Consent to vehicle searches without probable cause
Refusing a breathalyzer after arrest triggers an automatic one-year license suspension under California’s implied consent law.
How DUI Convictions Affect Your Insurance
A DUI conviction dramatically increases car insurance rates. California drivers with DUI convictions pay average increases of 90% to 200% on their premiums.
Your insurance company can drop your coverage after a DUI. You’ll need to file an SR-22 form with the DMV, which proves you carry minimum liability insurance. SR-22 insurance typically costs significantly more than standard coverage.
Expect to maintain SR-22 insurance for three years after a DUI conviction. Some high-risk insurance companies specialize in covering DUI offenders, though rates remain expensive.
Getting Your License Back After a California DUI
Reinstating your driver’s license after a DUI requires completing several steps:
Complete your suspension or restriction period – This includes any IID requirement time
Complete DUI school – Finish the court-ordered program and get a completion certificate
Pay reinstatement fees – Currently $125 for suspension reinstatement
File proof of insurance (SR-22) – Your insurance company files this with the DMV
Apply for license reinstatement – Visit a DMV office or apply online
The DMV won’t reinstate your license until you complete all requirements. Missing any step delays your reinstatement.
DUI Expungement in California 2026
You can petition to expunge a DUI conviction in California if you:
- Completed probation successfully
- Paid all fines and restitution
- Completed DUI school and all court orders
- Haven’t committed new crimes
Expungement doesn’t erase your DUI from your record completely. It changes your plea to “not guilty” and dismisses the case. However:
- DMV records still show the DUI
- Courts can still use it as a prior offense for sentencing
- Professional licensing boards can still see it
- It still counts toward multiple DUI enhancements
Expungement mainly helps with employment background checks, as you can legally say you weren’t convicted for most job applications.
Hiring a DUI Attorney in California
California DUI cases involve complex legal issues. An experienced DUI attorney can:
- Challenge the traffic stop legality
- Question breathalyzer accuracy and maintenance records
- Negotiate reduced charges
- Argue for alternative sentencing
- Fight license suspension at DMV hearings
Public defenders are available if you can’t afford a private attorney. However, they handle heavy caseloads and may have limited time for your case.
DUI attorney fees in California typically range from $2,500 to $10,000 depending on case complexity and whether you go to trial.
What to Do If You’re Arrested for DUI in California
If police arrest you for DUI, take these steps:
Stay calm and polite – Anything you say can be used against you
Don’t admit to drinking – Politely decline to answer questions about alcohol consumption
Request an attorney – Invoke your right to legal representation immediately
Contact DMV within 10 days – Request a hearing to fight license suspension
Gather evidence – Save receipts, witness information, and any relevant documentation
Don’t discuss your case publicly – Avoid posting about your arrest on social media
The DMV hearing is separate from criminal court. You have just 10 days from your arrest date to request this hearing. Missing this deadline results in automatic license suspension.
Resources for California DUI Offenders
California Department of Motor Vehicles Phone: 1-800-777-0133 Website: dmv.ca.gov
California Courts Self-Help Center Website: courts.ca.gov/selfhelp-dui.htm
Mothers Against Drunk Driving (MADD) Victim Services Phone: 1-877-MADD-HELP Website: madd.org
Alcoholics Anonymous Phone: 1-310-618-1700 Website: aa.org
These organizations provide information about DUI laws, support for offenders seeking help with alcohol problems, and victim assistance services.
This article provides general information about California DUI laws effective January 1, 2026. It is not legal advice. Consult with a qualified DUI attorney about your specific situation.
About the Author
Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
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