AB 1867: Driving under the influence: alcoholic beverages.
The bill aims to amend existing laws related to driving under the influence of alcohol or drugs. A court must sentence an individual to a state prison term to prohibit them from purchasing alcoholic beverages for life if they are convicted of a third driving under the influence offense within a 10-year period. The bill also requires the Department of Motor Vehicles to issue identification cards or driver's licenses with a designation indicating the individual's impaired driving history. A licensee can refuse to sell alcoholic beverages to an individual who provides such an identification card or driver's license.
| Apr. 07, 2026 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar. 17, 2026 | Re-referred to Com. on PUB. S. |
| Mar. 16, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar. 16, 2026 | Referred to Coms. on PUB. S. and G.O. |
| Feb. 12, 2026 | From printer. May be heard in committee March 14. |
| Amended IN Assembly March 16, 2026 |
| Introduced by Assembly Member Tangipa |
February 11, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol and drugs from operating a vehicle. Existing law prescribes specified punishments, including fines, incarceration in the county jail, and suspension of driving privileges, for a first conviction of this offense.
This bill would make a technical, nonsubstantive change to a related provision.
The people of the State of California do enact as follows:
SECTION 1.
Section 25659 of the Business and Professions Code is amended to read:25659.
(a) For the purpose of preventing the violation of Section 25658, any licensee, orSEC. 2.
Section 13353.9 is added to the Vehicle Code, to read:13353.9.
(a) The department shall issue an identification card or a driver’s license with the words “REPEAT SERIOUS DUI OFFENDER” or another appropriate designation on the face of the identification card or driver’s license for an individual who has submitted an application and for whom the court department has received an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152, 23103, as specified in Section 23103.5, 23153, or 191.5 of the Penal Code, punishable pursuant to Section 23572.5.SEC. 3.
Section 23572.5 is added to the Vehicle Code, to read:23572.5.
A person convicted of a violation of Section 23152, 23103, as specified in Section 23103.5, 23153, or 191.5 of the Penal Code, and the offense occurred within 10 years of two separate violations of Section 23152, 23103, as specified in Section 23103.5, 23153, or 191.5 of the Penal Code, or any combination thereof, that resulted in convictions, who is sentenced to state prison shall be prohibited from purchasing alcoholic beverages for life.SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
(b)The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
(c)The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d)Whenever, 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 (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.