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.
The new laws represent a significant shift in how California handles repeat DUI offenders, but they do not directly compensate the people those offenders injure. California personal injury firm Barry P. Goldberg, A Professional Law Corporation notes that tougher sentences punish offenders but do not pay a single medical bill. Injured drivers must instead pursue civil claims, and the firm's 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.
For injured drivers, the criminal and civil systems operate on separate tracks. A conviction does not decide a civil case, but California law shapes the claim that follows. Punitive damages may be available under Civil Code § 3294 against drivers who chose to drive while intoxicated, providing a potential avenue for additional recovery beyond standard compensatory damages. 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. These requirements are strict, and missing a deadline can jeopardize recovery even when liability seems clear.
Most injury claims must be filed within two years under Code of Civil Procedure § 335.1, however long the criminal case takes. That means injured drivers cannot simply wait for the criminal process to play out before acting on their civil claims.
"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 clear: while the new laws may deter repeat DUI offenses and keep dangerous drivers off the road, they do not replace the need for timely civil action. Victims should consult with an attorney to understand their rights and deadlines. For more information, injured drivers can contact the firm to speak with a Santa Clarita accident lawyer.
