On September 25, Governor Gavin Newsom signed a four-bill package that significantly toughens penalties for repeat DUI offenders in California. The centerpiece, 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 allows prosecutors to charge a third DUI within 10 years as a felony, a step that previously required a fourth offense.
While these measures aim to deter repeat offenders, they do not automatically compensate the people injured by drunk drivers. California personal injury firm Barry P. Goldberg, A Professional Law Corporation notes that tougher sentences punish offenders but do not pay medical bills or replace lost wages. The firm emphasizes that a pending criminal case runs parallel to a civil claim, and injured parties must take separate legal action to recover damages for medical expenses, lost income, and pain and suffering.
For victims, California law provides several avenues for recovery. Courts have allowed punitive damages under Civil Code § 3294 against drivers who chose to drive while intoxicated, which can significantly increase a civil award. In hit-and-run cases, uninsured motorist coverage may pay the claim, 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. Additionally, 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 implications for injured drivers are clear: while the new laws may keep repeat offenders off the streets longer, victims must act quickly to preserve their civil claims. The criminal process can take months or years, but the two-year civil statute of limitations continues to run. Failing to file a timely claim or notify an insurer can bar recovery entirely. For those injured by drunk or hit-and-run drivers, understanding the interplay between criminal penalties and civil remedies is essential to securing compensation for medical bills, lost income, and other damages.
