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 prior DUI, reckless driving, or gross vehicular manslaughter conviction within the past 10 years, according to the Governor's Office and CalMatters. A companion measure, AB 1546, allows prosecutors to charge a third DUI within 10 years as a felony, a step that previously required a fourth offense.
These changes matter because they signal a shift in how California treats repeat impaired drivers, but they also highlight a critical gap: criminal penalties punish offenders, yet they do not compensate the people they injure. For victims, the path to recovery runs through the civil justice system, not the criminal courthouse. A conviction may establish fault, but it does not automatically translate into payment for medical bills, lost income, or pain and suffering.
California personal injury firm Barry P. Goldberg, A Professional Law Corporation notes that tougher sentences do not put money in the hands of injured drivers. Their car accident lawyer in Santa Clarita, CA can explain how a pending criminal case fits alongside a civil claim, and why the two proceed on separate tracks with different standards of proof and timelines.
Several legal rules shape what injured drivers can recover. First, punitive damages may be available. California courts have allowed punitive damages under Civil Code § 3294 against drivers who chose to drive while intoxicated, providing a potential additional recovery beyond compensatory damages. Second, hit-and-run crashes present unique challenges. 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 deadlines are strict and often trip up unrepresented victims.
Third, time is limited. Most injury claims must be filed within two years under Code of Civil Procedure § 335.1, however long the criminal case takes. A criminal prosecution can stretch on for months or years, but the civil clock does not pause. Missing that window can bar a claim entirely.
"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 implication is clear: while the new laws may deter repeat offenders and deliver longer sentences, injured drivers still need to act quickly and independently to protect their financial recovery. The criminal case may make headlines, but the civil claim is what pays the bills.
