Did California's blood alcohol limits change in 2026?

No. Vehicle Code 23152 still sets 0.08% for drivers 21 and over, 0.04% for commercial drivers, and 0.04% for drivers carrying a passenger for hire. The 0.04% rideshare limit is often described as new, but it has been law since July 1, 2018. The under-21 zero tolerance limit of 0.01% is also unchanged.

How long is the ignition interlock requirement in California?

It depends on prior DUI convictions within 10 years and whether the offense involved injury. A first offense with no injury generally carries no mandatory IID unless the court orders one; with injury it is 1 year. One prior is 1 year, or 2 years with injury. Two priors is 2 years, or 3 years with injury. Three or more priors is 3 years. A prior felony DUI conviction is 3 years, or 4 years with injury.

Is drugged driving a new California DUI law?

No. Vehicle Code 23152(f) makes it unlawful to drive under the influence of any drug, and 23152(g) covers the combined influence of alcohol and drugs. Both are long-standing provisions, not 2026 additions. California still has no per se THC limit, so marijuana DUI cases turn on officer observations and Drug Recognition Expert evaluation rather than a threshold number.

New California DUI Laws in 2026

Q: What new DUI laws took effect in California in 2026?

Two. AB 366 (Chapter 689, Statutes of 2025) extends California's ignition interlock device requirements for DUI offenders from a January 1, 2026 sunset to January 1, 2033. AB 1087 (Chapter 180, Statutes of 2025) amends Penal Code 191.5 so that probation for vehicular manslaughter while intoxicated must be not less than three nor more than five years. Both were signed in October 2025 and became operative on January 1, 2026.

Q: Does the 10-day DMV deadline still apply in 2026?

Yes. You still have 10 days from your arrest to request a DMV hearing. The DMV case is separate from the criminal case and runs on its own clock. If no one requests a hearing within 10 days, the suspension takes effect automatically regardless of what later happens in court. Neither AB 366 nor AB 1087 altered that deadline.

Q: How do the 2026 changes affect a first offense DUI?

For most first offense cases with no injury, very little. The penalty structure, the BAC limits and the DMV process are unchanged, and a first-time non-injury offender is generally not subject to a mandatory ignition interlock device. The 2026 changes matter more where there is a prior conviction, an accident with injuries, or a death.

Two California laws affecting DUI cases took effect on January 1, 2026. AB 366 extends the state’s ignition interlock device (IID) requirements — which were scheduled to expire on January 1, 2026 — through January 1, 2033. AB 1087 increases the probation term for vehicular manslaughter while intoxicated from two years to between three and five years.

Just as important is what did not change. The blood alcohol limits, the 10-day deadline to request a DMV hearing, and the rules on drugged driving are all the same as they were in 2025, despite a great deal of misinformation online suggesting otherwise. This page explains both, with citations to the actual statutes.

If you have been arrested and are trying to work out which rules apply to your case, a Los Angeles DUI lawyer can walk you through it. Consultations are free and available 24/7 — contact us here.

What New DUI Laws Took Effect in California in 2026?

Two. Both were signed in October 2025 and became operative on January 1, 2026.

AB 366 (Petrie-Norris) — Chapter 689, Statutes of 2025. Extends California’s ignition interlock device requirements for DUI offenders from a January 1, 2026 sunset to January 1, 2033.
AB 1087 (Patterson) — Chapter 180, Statutes of 2025. Amends Penal Code 191.5 so that probation for vehicular manslaughter while intoxicated must be not less than three nor more than five years.

A third 2026 law, SB 720, authorizes local automated red light enforcement. It is a civil penalty that does not add DMV points and cannot trigger a license suspension, and it is not a DUI law — but it is often lumped in with them in year-end roundups.

AB 366: Ignition Interlock Rules Extended Through 2033

This is the change that matters most to the largest number of people, and it is widely misreported as a new or expanded requirement. It is neither. It is an extension of rules that already existed.

California’s statewide IID framework applies to DUI offenses committed on or after January 1, 2019. Those provisions carried a sunset date — the Legislature’s own analysis states that existing law made the changes “operative until January 1, 2026.” Without action, the requirements would have lapsed at the start of 2026. AB 366 extends their operation to January 1, 2033, so the rules now cover offenses through December 31, 2032.

The practical effect: nothing about your IID obligation changed on January 1. What changed is that the framework did not disappear, as it was previously scheduled to.

How Long Is the IID Requirement?

Under the Department of Motor Vehicles’ published terms, the mandatory IID period depends on how many prior DUI convictions you have within 10 years and whether the offense involved injury:

No priors, no injury — no mandatory IID unless the court orders one.
No priors, injury involved — 1 year.
One prior — 1 year, or 2 years if the offense involved injury.
Two priors — 2 years, or 3 years if the offense involved injury.
Three or more priors — 3 years, whether or not injury was involved.
One or more prior felony DUI convictions — 3 years, or 4 years if the offense involved injury.

Installation is mandatory for repeat alcohol-involved offenders and for all injury-involved offenders. First-time offenders whose case did not involve injury are generally exempt unless the judge orders an IID. Those drivers may instead choose an IID-restricted license for a set period, or a restricted license limited to driving to, from, and during work.

The IID route is often the difference between driving and not driving. A driver who installs the device can typically apply for a restricted license rather than sitting out a hard suspension. That trade-off is worth discussing before you make any decision at the DMV.

AB 1087: Longer Probation for DUI Manslaughter

AB 1087 amends Penal Code 191.5, which covers gross vehicular manslaughter while intoxicated (subdivision (a)) and vehicular manslaughter while intoxicated (subdivision (b)) — the charges filed when a DUI results in someone’s death.

Before 2026, if the court granted probation, the term was capped at one year for a misdemeanor conviction and two years for a felony. As of January 1, 2026, the statute requires that “the period of probation shall be not less than three nor more than five years.”

This does not change the underlying prison exposure, and it does not change what the prosecution has to prove. It lengthens court supervision for anyone who receives probation on one of these charges — which also lengthens the window in which a probation violation can send someone into custody. If you are facing a felony DUI involving a death, this is a material change to how long the case will follow you.

What Did Not Change in 2026?

Several widely repeated claims about “new” 2026 California DUI laws are simply wrong. None of the following changed:

The blood alcohol limits. Vehicle Code 23152 still sets 0.08% for drivers 21 and over (subdivision (b)), 0.04% for commercial drivers (subdivision (d)), and 0.04% for drivers carrying a passenger for hire (subdivision (e)). The 0.04% rideshare limit is frequently described as new — it has been law since July 1, 2018.
Drugged driving. VC 23152(f) makes it unlawful to drive under the influence of any drug, and 23152(g) covers the combined influence of alcohol and drugs. These are long-standing provisions, not 2026 additions. California still has no per se THC limit, which is why marijuana DUI cases turn on officer observations and Drug Recognition Expert testimony rather than a number.
The under-21 zero tolerance limit of 0.01%.
The 10-day DMV deadline. You still have 10 days from your arrest to request a DMV hearing.
Administrative license suspension lengths. A first offense with a chemical test result of 0.08% or more still carries a four-month administrative suspension; a second within 10 years still carries one year. Refusing the test still carries a one-year suspension on a first offense and a two-year revocation on a second within 10 years.

Does the 10-Day DMV Deadline Still Apply in 2026?

Yes, and it remains the single most time-sensitive thing about a California DUI arrest. The DMV case is separate from the criminal case and runs on its own clock. If no one requests a hearing within 10 days, the suspension takes effect automatically — regardless of what later happens in court.

Nothing in AB 366 or AB 1087 altered that deadline. If you were arrested recently, this is the deadline to worry about first. Our DUI FAQ library covers the hearing process in more detail.

How Do the 2026 Changes Affect a First Offense?

For most first offense DUI cases with no injury, the honest answer is: very little. The penalty structure, the BAC limits, and the DMV process are unchanged, and a first-time non-injury offender is generally not subject to a mandatory IID.

The changes matter more if your case involves a prior conviction, an accident with injuries, or a death. Those are the situations AB 366 and AB 1087 actually reach — and they are also the cases where the gap between a good outcome and a bad one is widest.

Talk to a Los Angeles DUI Lawyer

Legislative roundups are a poor substitute for advice about your own case. Which rules apply depends on your record, your BAC, whether anyone was hurt, and what the officer did during the stop.

Los Angeles DUI Attorney has defended DUI cases throughout Los Angeles County for two decades. Consultations are free and confidential, and someone is available 24 hours a day. Get in touch here or use the contact form below.

This page is general legal information, not legal advice, and reflects California law as of August 2026. Sources: AB 366 (2025), AB 1087 (2025), and the California DMV.