AB 2502: Vehicles: driving under the influence: driving automation.
This bill would amend the Vehicle Code to expand the definition of "drive" to include the volitional movement of a vehicle with specified levels of driving automation. The bill aims to clarify the law regarding driving under the influence (DUI) in relation to autonomous vehicles. It would state that a person can be considered to be driving under the influence if they intentionally move a vehicle with autonomous capabilities, regardless of whether they are actively controlling it. This change would require local agencies and school districts to implement a state-mandated program. The bill also specifies that reimbursement is not required for the costs associated with implementing this new provision.
| Sep. 27, 2026 | Vetoed by Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 26, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6585.). |
| Aug. 25, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug. 25, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Enrolled August 30, 2026 |
| Passed IN Senate August 25, 2026 |
| Passed IN Assembly August 26, 2026 |
| Amended IN Senate August 21, 2026 |
| Amended IN Senate July 02, 2026 |
| Introduced by Assembly Member Pellerin (Coauthor: Assembly Member Alanis) |
February 20, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 23152.1 is added to the Vehicle Code, to read:23152.1.
For the purposes of Section 191.5 of the Penal Code, and Section 23103, as specified in Section 23103.5, 23152, or 23153, “drive” includes the volitional movement of a vehicle with driver support features engaged that require a person to supervise the vehicle in order to steer, brake, or accelerate, as needed to maintain safety. This includes driver support features that require constant supervision and those that require a person to take direct control of the vehicle upon the request of the driver support feature. The term “drive” does not include operating a vehicle with driver support features engaged that do not require a person to supervise the vehicle in order to steer, brake, or accelerate, as needed to maintain safety, and will not request a person to take direct control of the vehicle.SEC. 2.
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.