New laws affecting DUI cases for 2026

DUI

AB 366 was originally written so as to require, as of January 1, 2026, that a first-time DUI offender install an ignition interlock device (IID) in their car following conviction. Current law had required an IID only in the case of a conviction for a second or third DUI. While AB 366 was pending, the legislature removed the section of law requiring an IID for a first-offense DUI conviction. AB 366 did extend the current laws regarding IID requirements: a judge may, but is not required to, order an IID as a condition of probation for a first offense. For second-offense DUI convictions, an IID is required as a condition of probation. 

NOTE: this addresses when an IID is *required by law. Often a person convicted of a first offense DUI may choose to put an IID in their car as it allows them to keep driving.

IID device next to a dollar for scale
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Why should someone arrested for driving under the influence request a hearing from the DMV?