California's Tougher DUI Laws May Not Help Injured Drivers Collect Damages

On September 25, Governor Gavin Newsom signed a four-bill package that toughens penalties for repeat DUI offenders in California. 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, according to the Governor's Office and CalMatters. Companion bill AB 1546 lets prosecutors charge a third DUI within 10 years as a felony, a step that previously required a fourth offense.

California personal injury firm Barry P. Goldberg, A Professional Law Corporation notes that tougher sentences punish offenders but do not compensate the people they injure. Their car accident lawyer in Santa Clarita, CA can explain how a pending criminal case fits alongside a civil claim for medical bills, lost income, and pain and suffering.

The new laws may signal a tougher stance on repeat DUI offenders, but for injured drivers, the path to recovery still runs through the civil justice system. A criminal conviction does not automatically decide a civil case, though California law shapes the claim that follows. Punitive damages may be available under Civil Code § 3294 against drivers who chose to drive while intoxicated. After a hit-and-run crash, uninsured motorist coverage can pay the claim, but Insurance Code § 11580.2 requires physical contact, a report to law enforcement within 24 hours, and a sworn statement to the insurer within 30 days. Most injury claims must be filed within two years under Code of Civil Procedure § 335.1, however 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 implications for injured drivers are significant: while the new laws may deter repeat offenses and keep dangerous drivers off the road, they do not provide direct compensation. Injured parties must still navigate the civil claims process, often within strict deadlines, to recover damages. The firm's insight underscores the importance of legal counsel to ensure that victims understand their rights and obligations. With offices in Woodland Hills, Valencia, Simi Valley, and El Cajon, Barry P. Goldberg, A Professional Law Corporation represents injured people throughout California in car and truck accidents, wrongful death, and dog bite cases. Barry P. Goldberg has practiced personal injury law since 1984 and is admitted to the U.S. Supreme Court Bar. His article "Mastering Uninsured and Underinsured Motorist Arbitrations" appeared in CAALA's The Advocate, and he has been named a Southern California Super Lawyer for 10 consecutive years, including the Top 100 list in 2021. He earned his J.D. from Loyola Law School Los Angeles and served as 2020 President of the San Fernando Valley Bar Association. Injured drivers can contact the firm to speak with a Santa Clarita accident lawyer.