Braun's Law Signed: Two of California's Four DUI Bills Wait Until 2031

Independently fact-checkedBy Recording Law Editorial Team22 min read

Independently fact-checked against primary sources (last audited September 26, 2026). · 14 primary sources cited on this page. How we verify our legal content

Braun's Law Signed: Two of California's Four DUI Bills Wait Until 2031

Frequently Asked Questions

Is Braun's Law in effect now?

No. SB 907 was approved by the Governor and chaptered as Chapter 443, Statutes of 2026 on September 25, 2026, but it carries no urgency clause and no special operative date. Under Article IV, Section 8(c)(1) of the California Constitution a statute enacted at a regular session goes into effect on January 1 following a 90-day period from enactment, which puts SB 907 at January 1, 2027.

What does Braun's Law actually require?

It names Vehicle Code 23635 as Braun's Law and adds a new subdivision (d) requiring the court to give the Vehicle Code 23593 advisement when a defendant pleads guilty or no contest to a different or lesser offence substituted for an alleged Vehicle Code 23152 violation. The same bill separately rewrites the hit and run penalties in Vehicle Code 20001.

Did Braun's Law create the requirement that judges explain why they reduce a DUI charge?

No. Vehicle Code 23635 already required the court to state its reasons on the record for a dismissal, substitution or striking of a prior, and required the prosecution to file a written statement of reasons. Those requirements date from Stats. 1998, Ch. 118. The section as currently codified has no subdivision letters; SB 907 restructures it into (a) through (d), carrying the 1998 requirements forward as (b) and (c) and adding the plea advisement as (d).

What is the Watson advisement?

It is the warning scripted in Vehicle Code 23593(a), which tells a driver that impaired driving is extremely dangerous to human life and that if they continue and someone is killed they can be charged with murder. It refers to People v. Watson (1981) 30 Cal.3d 290, under which a drunk-driving death can support second-degree murder on an implied-malice theory. Section 23593(c) requires the fact that the advisement was given to be recorded on the abstract of conviction sent to the DMV.

When does the 72-month licence suspension for repeat DUI offenders start?

January 1, 2031. AB 1687, Irene's Law, adds Vehicle Code 13352.7, whose subdivision (d) states that the section becomes operative January 1, 2031. It applies to a conviction under specified subdivisions of Section 23153, DUI causing injury, where the offence occurred within 10 years of four or more qualifying prior violations, and it pairs the 72-month suspension with a 72-month mandatory ignition interlock condition.

When does the extra DMV point for gross vehicular manslaughter while intoxicated start?

January 1, 2031. AB 1685 assigns three violation points to a conviction under Penal Code 191.5(a). Its Legislative Counsel's Digest states that the bill makes its provisions operative January 1, 2031, and each amended section is paired with a current version that is repealed on that date.

Does a fourth DUI become an automatic felony in California?

Under AB 1546 the four-prior case moves to Vehicle Code 23550(b), which prescribes imprisonment under Penal Code 1170(h) and a fine of $390 to $1,000 with no county-jail alternative, which is what makes it a straight felony rather than a wobbler. That change is on the ordinary January 1, 2027 timetable. The three-prior case stays in subdivision (a) and keeps its jail alternative.

Why do some sections of AB 1546 say 2031?

Those are double-jointing sections. California uses them when two bills amend the same code section in the same year. Sections 8, 9 and 10 of AB 1546 make the alternative versions operative only if AB 1830 was also enacted and was enacted first. AB 1830's action log ends on August 19, 2026 with a second reading, so it was not enacted and those alternative sections do not operate.

Were all four bills definitely signed?

The Governor's Office announced on September 25, 2026 that all four were signed. The Legislature's action log confirmed approval and chaptering for SB 907 only as of September 26, 2026, with AB 1546, AB 1685 and AB 1687 still showing enrolled and presented. Chaptering commonly lags a signing announcement. Under Article IV, Section 10(b)(2) of the California Constitution the Governor's deadline to act on these bills is September 30, 2026.

Does this package change the penalty for a DUI arrest that happened in 2026?

No. California measures an offence against the law in force when the offence occurred, so an arrest before an operative date is governed by the existing statutes. The current penalty structure, including the 10-year lookback and the existing revocation and interlock terms, continues to apply until the relevant provisions take effect.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. California Legislature, SB 907 (Archuleta) bill history: 'Approved by the Governor.' and 'Chaptered by Secretary of State. Chapter 443, Statutes of 2026.', both 09/25/26; 'Enrolled and presented to the Governor at 2 p.m.' 09/09/26. Accessed 26 September 2026(leginfo.legislature.ca.gov).gov
  2. SB 907, 'An act to amend Sections 20001 and 23635 of the Vehicle Code, relating to driving offenses' (Sec. 1 amending Veh. Code 20001 incl. new subparagraphs (b)(1)(B) and (b)(2)(B); Sec. 2 amending Veh. Code 23635 incl. new subdivisions (a) and (d); Sec. 3 no-reimbursement clause; Legislative Counsel's Digest)(leginfo.legislature.ca.gov).gov
  3. Cal. Vehicle Code sec. 23593 (the murder advisement script; subdivision (a) listing Sections 23103 as specified in 23103.5, 23152 and 23153; subdivision (c) abstract requirement). Amended by Stats. 2005, Ch. 279, Sec. 24(leginfo.legislature.ca.gov).gov
  4. Cal. Vehicle Code sec. 23635 as it stood before SB 907, showing subdivisions (b) and (c) already in force. Added by Stats. 1998, Ch. 118, Sec. 84(leginfo.legislature.ca.gov).gov
  5. AB 1546 (Schultz), amending Ins. Code 1861.025 and Veh. Code 14601.2, 14601.3, 23546, 23550, 23550.5 and 23572 (Sec. 5 new Veh. Code 23550(a) and (b); Secs. 4.1/4.2, 5.1/5.2, 6.1/6.2 the 2031-dated alternates; Secs. 8-10 the AB 1830 double-jointing conditions)(leginfo.legislature.ca.gov).gov
  6. California Legislature, AB 1546 bill history, last action 'Enrolled and presented to the Governor at 1:30 p.m.' 09/14/26, no approval or chapter entry as of 26 September 2026(leginfo.legislature.ca.gov).gov
  7. AB 1685 (Lackey), amending, repealing and adding Veh. Code 1808 and 12810 (new 12810(d)(3) three-point value for Pen. Code 191.5(a); paired sunset and operative clauses; Legislative Counsel's Digest: 'This bill would make its provisions operative January 1, 2031.')(leginfo.legislature.ca.gov).gov
  8. California Legislature, AB 1685 bill history, last action 'Enrolled and presented to the Governor at 4 p.m.' 09/03/26, no approval or chapter entry as of 26 September 2026(leginfo.legislature.ca.gov).gov
  9. AB 1687 (Lackey), Irene's Law, adding Veh. Code 13352.7 (subdivision (a) 72-month suspension; (b) programme requirements; (c)(4) 72-month certified ignition interlock; (d) 'This section shall become operative January 1, 2031.')(leginfo.legislature.ca.gov).gov
  10. California Legislature, AB 1687 bill history, last action 'Enrolled and presented to the Governor at 1 p.m.' 09/09/26, no approval or chapter entry as of 26 September 2026(leginfo.legislature.ca.gov).gov
  11. California Legislature, AB 1830 bill history, last action 08/19/26 'Read second time. Ordered to third reading.'; never passed the Senate, never enrolled, never chaptered, which defeats the double-jointing condition in AB 1546 Secs. 8-10(leginfo.legislature.ca.gov).gov
  12. California Constitution, art. IV, sec. 10(b)(2): a bill passed before September 1 of the second calendar year and in the Governor's possession on or after September 1 becomes a statute if not returned on or before September 30(leginfo.legislature.ca.gov).gov
  13. California Constitution, art. IV, sec. 8(c)(1): a statute enacted at a regular session goes into effect on January 1 next following a 90-day period from the date of enactment, unless it is an urgency statute or otherwise excepted(leginfo.legislature.ca.gov).gov
  14. Office of Governor Gavin Newsom, 'Governor Newsom signs Braun's Law, and package of bills to crack down on DUI offenders', 25 September 2026 (naming SB 907, AB 1546, AB 1685 and AB 1687; quotes from Governor Newsom and Jennifer Levi)(gov.ca.gov).gov
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