Bill Could Expand DUI Consequences

Legislation aimed at toughening penalties for repeat drunk driving offenders and closing a legal loophole that incentivizes fleeing the scene of a vehicle collision has advanced through the California Assembly Public Safety Committee.

Senate Bill 907, authored by state Senator Bob Archuleta, representing Senate District 30, introduces reforms to the California Vehicle Code. The measure, which recently received unanimous, bipartisan support in the state Senate, includes a specific provision known as Braun's Law.

The legislation targets repeat offenders of hit-and-run offenses and warns those who plead to DUI that future offenses resulting in death may lead to murder charges.

Specifically, Braun’s Law would require courts to give a Watson advisement when a defendant pleads guilty or no contest to a different or lesser offense substituted for an alleged DUI. If the individual receives the warning and subsequently drives while intoxicated and kills someone, they can face second-degree murder charges in court for their new offense.

Under current state law, this warning is standard for driving-under-the-influence convictions, but not necessarily when charges are pleaded down to other offenses, such as hit-and-run.

In addition to implementing Braun's Law, Senate Bill 907 seeks to deter impaired drivers from fleeing the scene of a collision. The legislation increases the penalties for individuals who commit a hit-and-run resulting in injury or death if they have prior convictions for driving under the influence, vehicular manslaughter, or wet reckless within the past decade.

If enacted, offenders would face two to four years in prison and fines ranging from $1,000 to $10,000. The terms change to three to five years if a collision resulted in death or permanent serious injury.

The bill is sponsored by the Los Angeles County District Attorney's Office and co-sponsored by Mothers Against Drunk Driving, the Orange County District Attorney's Office, and the California Safe Roads Coalition. Los Angeles County District Attorney Nathan J. Hochman stated that the current law fails to reflect the seriousness and repeat nature of impaired driving.

Hochman noted that his office frequently encounters impaired drivers with previous convictions who reoffend without facing adequate consequences, highlighting that the pain faced by families losing loved ones to careless decisions is an unimaginable reality that must change.

Braun's Law is named after Braun Levi, an 18-year-old Loyola High School student killed by a drunk driver in Manhattan Beach in May 2025. During the Assembly Public Safety Committee hearing, Braun's mother, Jennifer Levi, shared her experiences of the impact of her son's sudden death.

She described the difficult experience of waiting in a hospital hallway for over an hour while her son's body was made presentable enough for formal identification. She recalled the morning before his death, watching her husband, a state employee for 30 years, and her son eat cereal and watch sports together, noting that the normal family ritual was permanently shattered that night.

Levi urged the committee to treat driving under the influence not as an unfortunate lapse in judgment or an accident, but as a completely preventable act of violence. She argued that when an individual chooses to drink and drive, they turn their vehicle into a weapon with foreseeable destruction, and the law should reflect the magnitude of that choice.

Senator Archuleta also shared a personal connection to the legislation he authored. His granddaughter, Samantha, was killed by a drunk driver in Victorville on Christmas Eve. Archuleta explained to the committee that Samantha had recently earned her master's degree and was preparing for a career in social work.

The collision was so intense that her body had to be identified using her fingerprints. Archuleta argued that repeat offenders often flee crime scenes because they understand that if they can delay their arrest until alcohol or drugs are out of their system, they will likely only face a hit-and-run charge, avoiding the consequences of a severe driving under the influence charge.

Devin Campbell, representing the Orange County District Attorney's Office, reflected this sentiment during the hearing. He stated that the existing legal framework creates a clear disincentive for impaired drivers to stop their vehicles after a collision.

By fleeing the scene and preventing law enforcement from obtaining a blood sample for a certain period of time, offenders often secure a lighter sentence, which Campbell described as a slap on the wrist for a hit-and-run.

The legislation faces opposition from public defenders and civil rights groups in California, despite support from law enforcement, mayors, and victim advocacy groups. Opponents argue that it undermines judicial discretion and imposes a harmful approach to justice.

Marisol Alvarez, a deputy public defender for Los Angeles County, spoke against the bill, noting that the American Bar Association has found that approximately 33 percent of people with repeat driving under the influence convictions will continue to reoffend until the root causes of their behavior are properly addressed.

She argued that judicial control over the implementation of specific treatment programs is integral to addressing these root causes, and that Senate Bill 907 sidelines judicial expertise in favor of broad penalties that risk producing counterproductive outcomes.

Ignacio Hernandez, representing California Attorneys for Criminal Justice, also expressed opposition to the committee. He acknowledged that the state's enforcement of driving under the influence laws is broken but cautioned lawmakers against legislating based solely on the tragedies heard in committee.

Hernandez explained that the law must apply to a very wide spectrum of fact patterns. He provided an example of an individual who had convictions during their youth while struggling with addiction, achieved nearly eight years of sobriety, and then relapsed by driving drunk following the death of his wife. Hernandez argued that courts need flexibility to treat such cases differently from the tragedies that the bill's proponents cite.

Following its successful passage out of the Assembly Public Safety Committee, Senate Bill 907 will next be reviewed by the Assembly Appropriations Committee. If approved there, the bill will advance to the Assembly floor for a full vote, moving one step closer to becoming law.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me