AB 1605 California Assembly · 2025-2026 Regular Session

Driving under the influence: alcohol sales.

Summary

Existing law, the Alcoholic Beverage Control Act, provides for the issuance, suspension, revocation, and conditions upon licensure for the manufacture, distribution, and sale of alcoholic beverages. Existing law makes every person who sells, furnishes, gives, or causes to be sold, furnished or given away any alcoholic beverage to any person under 21 years of age guilty of a misdemeanor. Existing law also makes it unlawful for a person who is under the influence of any alcoholic beverage or drug, or the combined influence of both, to drive a vehicle and requires a court, when granting probation following conviction of a driving under the influence offense, to impose certain terms and conditions, including that the individual not drive a vehicle with any measurable amount of alcohol in their blood, among others. This bill would require everyone who sells or furnishes alcoholic beverages to first review bona fide evidence of majority and identity, as described. The bill would authorize a court when granting probation for certain driving under the influence offenses to prohibit the person from purchasing alcohol and would require the Department of Motor Vehicles to issue an identification card or driver's license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would authorize the court to prohibit the purchase of alcohol when the offense occurred within 10 years of 2 or more driving under the influence offenses that resulted in conviction or certain other prior convictions, or if the conviction was for vehicular manslaughter, as specified. The bill would require a seller of alcoholic beverages to refuse to sell or serve someone subject to such an order. To the extent this bill would require a higher level of service from court staff who are county employees, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 20, 2026 Last action May 14, 2026

Maddy AI version diff · 5 comparisons

What changed between versions

03/26/26 - Amended Assembly → 04/28/26 - Amended Assembly · 5 edits · Apr 28, 2026

MODERATE

The April 28 amendment to AB 1605 makes three major policy changes: it removes the criminal penalty for failing to check ID when selling alcohol (making it a non-civil violation only), it converts the court-ordered alcohol purchase prohibition from a mandatory requirement with specific triggering conditions (high BAC, repeat offense within 3 years, property damage or injury) into a discretionary tool available for any qualifying DUI probation, and it removes the state-mandate reimbursement exemption that had applied because the bill previously created a new crime.

Scope change

The bill's enforcement scope narrowed significantly: it no longer creates any new crimes or misdemeanors. The alcohol purchase prohibition expanded in applicability (any qualifying DUI probation, not just those meeting specific aggravating thresholds) but became discretionary rather than mandatory, giving judges more flexibility while removing the guaranteed minimum one-year ban.

ENFORCEMENT

The misdemeanor penalty for failing to check ID when selling alcohol (a $1,000 fine plus 24 hours of community service) was removed. The requirement to check ID remains, but violating it is now explicitly not a crime and carries no criminal penalty.

The explicit 'guilty of a misdemeanor' language for selling alcohol to a person with a NO ALCOHOL SALES designation on their license was removed. The prohibition still exists but is no longer framed as a criminal offense.

REQUIREMENT

The court-ordered alcohol purchase prohibition (Section 23600.5) changed from mandatory to discretionary. Previously, courts 'shall' prohibit alcohol purchases for at least one year when specific conditions were met (BAC of .16% or higher, a prior DUI within 3 years, or property damage over $1,000 or great bodily injury). Now courts 'may' prohibit purchases for any period up to the full probationary period for any qualifying DUI conviction, with no minimum duration and no specific aggravating conditions required.

DEFINITION

The ID check requirement in Section 25655 was expanded to reference 'bona fide evidence of majority and identity' as described in a new cross-reference to Section 25660, broadening the types of acceptable identification beyond just state-issued written ID.

FISCAL

The provision stating that no state reimbursement is required for local mandates because the act creates a new crime was removed. This is consistent with the removal of criminal penalties and means local agencies may now be eligible for reimbursement if the Commission on State Mandates finds mandated costs.

03/16/26 - Amended Assembly → 03/26/26 - Amended Assembly · 5 edits · Mar 26, 2026

MODERATE

AB 1605 was substantially revised to reduce the criminal penalties associated with its alcohol sales restrictions and to convert the mandatory DUI alcohol purchase prohibition into a discretionary court tool. Multiple provisions that previously created misdemeanors now include explicit 'not a crime' language, effectively downgrading violations to non-criminal infractions or civil matters. The core DUI provision (Section 23600.5) shifted from a mandatory prohibition triggered by specific conditions (high BAC, repeat offense within 3 years, property damage or injury) to a discretionary 'may prohibit' standard applicable to a defined set of DUI convictions without those specific triggers.

Scope change

The bill's enforcement framework shifted from criminal penalties (misdemeanors) to non-criminal violations across all alcohol sales restriction provisions. The DUI alcohol purchase prohibition went from mandatory with narrow triggers to discretionary for a broader set of qualifying convictions, giving courts more flexibility while removing the automatic application.

ENFORCEMENT

Sections 25655, 25657.5, and both versions of Section 25659 now include new provisions stating that violations are 'not a crime' notwithstanding Section 25617. This converts what were previously misdemeanors into non-criminal violations, likely enforceable as infractions or civil penalties rather than criminal offenses.

REQUIREMENT

Section 23600.5 changed from a mandatory prohibition ('shall be prohibited') with specific triggering conditions (BAC of .16% or higher, offense within 3 years of a prior DUI conviction, or property damage over $1,000 or great bodily injury/death) to a discretionary standard ('A court may prohibit'). The new version applies to persons convicted of Section 23152 punishable under 23550/23550.5, Section 23153 punishable under 23550.5/23566, or subdivision (a) of Section 191.5, without requiring the specific triggering conditions.

DEFINITION

Section 25657.5 was reworded from 'Every person who sells...is guilty of a misdemeanor' to 'No person shall sell, furnish, give away...' removing the explicit misdemeanor classification and aligning with the new 'not a crime' provision added in subsection (b).

FISCAL

The state mandates reimbursement section (Section 7) was simplified. The old version included language about no reimbursement being required because the act creates a new crime. The new version contains only the standard Commission on State Mandates reimbursement language, consistent with the bill no longer creating new crimes.

SCOPE

The fiscal note now references triggers including 'the offense occurred within 10 years of 2 or more driving under the influence offenses that resulted in conviction or certain other prior convictions, or if the conviction was for vehicular manslaughter' - language not clearly reflected in the operative text shown, suggesting additional scope provisions may exist elsewhere in the bill.

01/20/26 - Introduced → 03/09/26 - Amended Assembly · 9 edits · Mar 9, 2026

MAJOR

AB 1605 was expanded from a single intent statement into a full operative bill that creates a new 'NO ALCOHOL SALES' license designation for certain DUI offenders, requires alcohol sellers to check ID and refuse service to those bearing the designation, and mandates alcohol purchase prohibitions as probation conditions for repeat or serious DUI offenders. The bill also makes it a misdemeanor for sellers to fail to verify written ID before selling alcohol. Most provisions take effect January 1, 2028.

Scope change

The bill's scope expanded dramatically from a non-operative intent statement about DUI sentencing discretion to an operative multi-code bill covering alcohol sales verification, a new license designation system, mandatory probation conditions for DUI offenders, and criminal penalties for sellers. It now applies to all alcohol sellers statewide, the DMV, courts handling DUI cases, and local agencies bearing implementation costs.

SCOPE

The bill was expanded from a one-line intent statement into a full operative bill adding sections to the Business and Professions Code (25655, 25657.5, 25659) and Vehicle Code (13353.9, 23600.5).

The bill now imposes a state-mandated local program (changed from 'no' to 'yes') and requires fiscal committee review (changed from 'no' to 'yes'), reflecting the new costs to local agencies from the new crime and additional court staff work.

REQUIREMENT

New Business and Professions Code Section 25655 requires all alcohol sellers to request and review written ID issued by any state before a sale. Violation is a misdemeanor with a non-suspendable $1,000 fine and at least 24 hours of community service.

New Vehicle Code Section 23600.5 requires courts to prohibit alcohol purchases as a probation condition for DUI offenders whose BAC was .16% or higher, who committed the offense within 3 years of a prior DUI conviction, or whose offense involved property damage over $1,000 or great bodily injury or death.

Existing Business and Professions Code Section 25659 was amended to change the duty of licensees from 'may refuse' to 'shall refuse' service to those unable to prove they are over 21, with a sunset date of January 1, 2028. A replacement section then takes effect on that date adding the additional obligation to refuse service to anyone presenting a 'NO ALCOHOL SALES' ID.

DEFINITION

New Vehicle Code Section 13353.9 requires the DMV to issue an ID card or driver's license bearing the words 'NO ALCOHOL SALES' (or similar designation) for individuals subject to a court order under Section 23600.5.

ENFORCEMENT

New Business and Professions Code Section 25657.5 makes it a misdemeanor for any seller to sell or furnish alcohol to a person presenting a 'NO ALCOHOL SALES' ID card or license.

FISCAL

Courts must impose a fee to cover DMV costs of issuing a replacement ID or license with the designation. Individuals earning less than 200 percent of the federal poverty level may pay on a payment plan.

TIMELINE

Most new provisions (Sections 25657.5, 13353.9, and 23600.5) do not take effect until January 1, 2028, giving agencies time to implement the system.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Lower · Passed

In committee: Held under submission.

lower

May 13, 2026

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Apr 29, 2026

Committee

Re-referred to Com. on APPR.

lower

Apr 28, 2026

Lower · Passed

Read second time and amended.

lower

Apr 27, 2026

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 22).

lower

Apr 6, 2026

Committee

Re-referred to Com. on G.O.

lower

Mar 26, 2026

Lower · Passed

Read second time and amended.

lower

Mar 25, 2026

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on G.O. (Ayes 8. Noes 0.) (March 24).

lower

Mar 17, 2026

Committee

Re-referred to Com. on PUB. S.

lower

Mar 16, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

lower

Mar 10, 2026

Committee

Re-referred to Com. on PUB. S.

lower

Mar 9, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

lower

Mar 9, 2026

Committee

Referred to Coms. on PUB. S. and G.O.

lower

Jan 21, 2026

Lower · Passed

From printer. May be heard in committee February 20.

lower

1 primary · 10 co-sponsors