Driving drunk in California is a more punitive experience thanks to new laws on the books.
But missing from four bills signed by Gov Gavin Newsom last month was legislation that at least some anti-DUI activists said will save lives — a requirement for all first-time DUI offenders to install ignition interlock devices to prevent them from driving impaired.
A bill to do that — AB 1830 — faltered last legislative session after the state Senate Appropriations Committee tacked on a late-hour amendment to make the interlock requirement optional for first-time offenders who haven’t injured someone. Instead, those offenders could opt to serve a license suspension.
The bill’s failure to make it to the governor’s desk disappoints Kellie Montalvo, a Corona mother who lost her son to a hit-and-run driver in 2020; prosecutors said the driver had been drinking alcohol and smoking marijuana before the crash, although she wasn’t charged with DUI.
“I am disappointed because it got so far and because my strong belief is that this is a public safety bill that is non-partisan,” Montalvo said.
Interlocks work by requiring the driver to blow into a breathalyzer, which won’t start the vehicle’s engine if it detects alcohol. Requiring the devices, Montalvo said, is better than letting first-time offenders choose between installing them or agreeing to limits on their driving.
“If people choose the restricted license, they continue to drive on restricted licenses all the time,” Montalvo said.
The stiffer DUI penalties signed by Newsom in September include a warning to DUI defendants who plead guilty to lesser offenses that they could face murder charges if they drive impaired again and kill someone.
The other bills allow prosecutors to charge a third DUI within 10 years as a felony, add more DMV violation points for those convicted of vehicular manslaughter while intoxicated and extend license revocation periods for repeat DUI offenders.
“We will not stand by as more lives are lost and more families are forever changed by those who choose to drive under the influence,” Newsom said in a news release announcing the new bills.
Currently, California judges have discretion on whether first-time DUI offenders must install the devices. Also, a newly extended pilot program run by the Department of Motor Vehicles requires the devices for repeat DUI offenders and first-time offenders who cause injury crashes.
AB 1830’s supporters included Mothers Against Drunk Driving, the California Police Chiefs Association and the Automobile Club of Southern California. Opponents include ACLU California Action and the California Public Defenders Association.
The bill “contradicts available evidence about reducing vehicular fatalities, and broadly increases (the) likelihood that a person with a first DUI conviction will never be able to reinstate their license,” the San Francisco public defender’s office was quoted as saying in a legislative analysis of AB 1830.
Mandating interlocks “exacerbates financial harm on low-income communities with numerous new fees and costs,” the office added.
“We appreciate the … intent to make California’s roads safer. However, we will only support evidence-based fatality reduction measures that can be implemented successfully and equitably.”
The Senate appropriations panel is led by state Sen. Sabrina Cervantes, D-Riverside, who offered no public explanation for amending AB 1830, which passed the Assembly 74-0. Her spokesperson, Michele McKinney, did not respond to requests for comment.
Montalvo said Cervantes never told her why the bill was amended without input from its author, Assemblymember Cottie Petrie-Norris, D-Irvine.
“I am one of her constituents, so I would love to know (Cervantes’) thinking on that,” Montalvo said. “It’s confusing to me, honestly, not being all that involved in that world and not understanding what goes on behind those closed doors.”
Sacramento police cited Cervantes on suspicion of DUI following a crash near the state capitol in 2025. Prosecutors declined to file charges after a blood test showed no drugs or alcohol in her system at the time of the accident, and Cervantes has sued the Sacramento Police Department, accusing officers of misconduct in citing her.
Cervantes’ sister, Democratic Assembly candidate and Riverside Councilmember Clarissa Cervantes, has two DUIs, the most recent occurring in 2023. Clarissa Cervantes entered rehab after her second DUI and has talked about her sobriety on social media.
Montalvo is optimistic that legislation requiring interlocks for all first-time DUI offenders will one day become law.
“The reason that I remain hopeful … is I know we got a foot in the door,” she said.
“Overall I’m disappointed, maybe a little bit confused, but I do have some anticipation of success for next year.”