Tackling Alcohol-related Roadway Fatalities

California has a problem. Alcohol-related roadway fatalities in our state have surged more than 50% over the past decade – an increase twice as steep as the rest of the country, according to federal estimates. More than 1,300 people die each year statewide in driving under the influence (DUI) collisions. Over the past year, the team at CalMatters have led an investigative reporting series shedding light on the fact that our state has arguably some of the weakest DUI laws in the country.

What they’ve found is alarming. Between 2020 and 2021, the DUI arrest rate per 100,000 licensed drivers increased by 12.3%, according to the California Dept. of Motor Vehicles. The department also reported that in 2021, 12.7% of total crash injuries were alcohol-involved, an increase from 11.4% reported for 2020. Clearly, there is concern that the number of DUI crashes and injuries are increasing.

The tragic and avoidable loss of life at the hands of drunk drivers is startling.  According to the National Highway Traffic Safety Administration, between 2019 and 2023 drunk driving fatalities in California increased by approximately 40%, compared to the national average of 22%. Sadly, there were 1,355 fatalities in 2023 alone.

It’s time for California to do more to prevent these tragedies. That is why I have introduced Assembly Bill 1546, which will be the “tip of the spear” in a bipartisan legislative package to combat the prevalence of DUIs in our community.  

AB 1546 does two critical things. It strengthens the criminal penalties for repeat DUI offenders and it imposes longer license revocation and ignition interlock device (IID) mandates for these repeat offenders in order to deter future drinking and driving incidents.

Sentencing Reform

Under existing law, if a person is convicted of his/her third DUI (not causing bodily injury) within a 10-year period, that person may only be charged with a misdemeanor. Only upon a fourth DUI conviction in a 10-year period may that person be charged with a felony.

AB 1546 would, instead, make a third DUI conviction in a 10-year period punishable as a wobbler, which means that a prosecutor would have the discretion to charge that person with a felony (or a misdemeanor).  

AB 1546 also makes a fifth or subsequent DUI in a 10-year period a straight felony rather than a wobbler. If an offender is found guilty, a court could order up to three years of imprisonment or, alternatively, could allow for felony probation, depending on the circumstances of the case.  

License Revocations and Ignition Interlock Devices 

AB 1546 similarly strengthens the license revocation penalties that apply to repeat DUI offenders. Currently, a person convicted of a fourth or subsequent DUI in a 10-year period is subject to a four-year license revocation period. This bill increases the revocation period to five years for those individuals convicted of their fifth or subsequent DUI within a 10-year period.

Once an offender’s license is restored, s/he can still face additional requirements to prevent him/her from driving while intoxicated. In addition to serving jail or prison time, DUI offenders may be required to install a functioning certified IID on every vehicle they operate. The amount of time that the IID must be installed depends on the offender’s DUI history. A first-time DUI offender for an offense that does not cause bodily injury may be required to install an IID for up to six months. In contrast, offenders convicted of their fourth or subsequent DUI within a 10-year period must install an IID for a term of three years. 

AB 1546 increases the IID installation period for the most severe repeat DUI offenders. Specifically, it requires people convicted of their fifth or subsequent DUI in a 10-year period to install an IID on every vehicle they operate for four years, instead of three.  

Next Steps

I introduced this bill on the very first day of our 2026 Legislative Session because I understand that we must do more to reduce repeat drunk driving on our roads. AB 1546 is the first of several pieces of legislation that my colleagues and I will be unveiling to reduce DUIs and improve safety in our community.  

Please stay tuned for more information and, as always, please feel free to reach out to our District Office with questions or concerns. We can be reached at (818) 558-3043 or by email at Assemblymember.Schultz@assembly.ca.gov.