On September 25, Governor Gavin Newsom signed a four-bill package that significantly toughens penalties for repeat DUI offenders in California. The legislation, which includes SB 907 and AB 1546, marks a major shift in how the state handles impaired driving, particularly for those with prior convictions. According to the Governor's Office and reporting by CalMatters, SB 907, known as "Braun's Law," makes leaving the scene of an injury crash chargeable as a felony and adds enhanced penalties when the driver has a DUI, reckless driving, or gross vehicular manslaughter conviction within the past 10 years. AB 1546 allows prosecutors to charge a third DUI within 10 years as a felony, a step that previously required a fourth offense.
These changes reflect a growing frustration with repeat offenders who evade serious consequences. However, for the victims of these crashes, the new laws raise an important question: does a tougher criminal sentence translate into compensation for injuries? The answer is no. As California personal injury firm Barry P. Goldberg, A Professional Law Corporation notes, tougher sentences punish offenders but do not compensate the people they injure. A criminal conviction does not automatically decide a civil case, and injured drivers must still file their own claims to recover medical bills, lost income, and pain and suffering.
California law does provide tools for injured drivers. Under Civil Code § 3294, courts have allowed punitive damages against drivers who chose to drive while intoxicated—damages designed to punish and deter, not just compensate. In cases where the driver flees, a hit-and-run crash can leave victims with few options. That is where uninsured motorist coverage becomes critical, but Insurance Code § 11580.2 imposes strict requirements: physical contact, a report to law enforcement within 24 hours, and a sworn statement to the insurer within 30 days. Miss any of these, and the claim may be denied.
Time is another factor. Most injury claims must be filed within two years under Code of Civil Procedure § 335.1, regardless of how long the criminal case takes. "A felony charge shows the state takes this seriously. It doesn't pay a single medical bill," said Barry P. Goldberg, the firm's founder and a recognized authority on uninsured and underinsured motorist law in California. "When a hit-and-run driver is never found, your own UM coverage is often the only path to recovery, and insurers enforce every deadline."
The implication is clear: while the new laws may keep repeat offenders off the streets longer, they do not replace the need for injured drivers to act quickly and pursue civil remedies. The criminal justice system and the civil justice system operate on separate tracks, and a felony conviction does not guarantee compensation. Injured drivers should consult an attorney to understand their rights and meet the deadlines that apply to their case.
