AB 1686: Vehicles: driving under the influence: felonies.

California · Assembly · 2025–2026 Regular Session · last verified April 30, 2026

What AB 1686 does, verified April 30, 2026

This bill aims to amend sections of the vehicle code related to driving under the influence (DUI). Under existing law, a first DUI offense is punishable as a misdemeanor, while subsequent offenses within a 10-year period can result in escalating fines, suspensions, and other sanctions, with the possibility of being punishable as a felony. The bill would make a second DUI offense within 10 years of a first or second specified conviction punishable as a misdemeanor or felony. This change would increase the punishment for a crime, requiring a state-mandated local program. The bill does not require reimbursement for certain costs mandated by the state.

Bill journey

✓IntroducedComplete

2In CommitteeCurrent

3First Chamber FloorPending

4Second ChamberPending

5GovernorPending

6ChapteredPending

Last action: From committee: Without further action pursuant to Joint Rule 62(a). (2026-04-21)Alert me

Author and sponsors

Asm. Tom LackeyAuthor · California State Assembly

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Coauthors

Bob Archuleta

Recent actions8 total · showing 5

Apr. 21, 2026	From committee: Without further action pursuant to Joint Rule 62(a).
Apr. 21, 2026	In committee: Set, final hearing. Failed passage.
Mar. 24, 2026	In committee: Set, final hearing. Failed passage. Reconsideration granted.
Mar. 17, 2026	In committee: Set, second hearing. Hearing canceled at the request of author.
Mar. 06, 2026	In committee: Set, first hearing. Hearing canceled at the request of author.

Full action history, 3 earlier actionsConnect Plus

Latest bill textIntroduced version, February 2, 2026 · 855 words

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1686

Introduced by Assembly Member Lackey
(Principal coauthor: Assembly Member Petrie-Norris)
(Principal coauthor: Senator Archuleta)

February 02, 2026

An act to amend Sections 23540 and 23546 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1686, as introduced, Lackey. Vehicles: driving under the influence: felonies.

Under existing law, it is unlawful to drive a motor vehicle while under the influence (DUI) of alcohol or 0.08% or more, by weight, of alcohol in one’s blood. A first violation of this prohibition is punishable as a misdemeanor. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of one or 2 separate DUI violations that resulted in specified convictions, the offense is also punishable as a misdemeanor, as specified, with escalating fines, suspensions, and other sanctions. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of 3 or more separate DUI violations that resulted in specified convictions, the offense is punishable either as a misdemeanor or as a felony.

This bill would make a conviction of a DUI violation with the offense occurring within 10 years of one or 2 separate DUI violations that resulted in specified convictions also punishable either as a misdemeanor or as a felony. By increasing the punishment for a crime, the bill imposes a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 23540 of the Vehicle Code is amended to read:

23540.

(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment ~~in the county jail for not less than 90 days nor more than one year~~ pursuant to subdivision (h) of Section 1170 of the Penal Code or in the county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the person’s driver’s license to the court in accordance with Section 13550.

(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.

SEC. 2.

Section 23546 of the Vehicle Code is amended to read:

23546.

(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment ~~in the county jail for not less than 120 days nor more than one year~~ pursuant to subdivision (h) of Section 1170 of the Penal Code or in the county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender ~~his or her~~ the person’s driver’s license to the court in accordance with Section 13550.

(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Text of AB 1686 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions