California has seen a dramatic increase in driving under the influence (DUI) fatalities over the last several years. No community has been spared the stark headlines about another DUI-related death. In 2021, Sacramento County experienced a 125% increase, while San Diego, Kern, El Dorado, and Placer counties all saw DUI deaths nearly double. And Yolo County witnessed a fivefold increase. In Los Angeles County, we have also seen a dramatic increase in DUI fatalities and crashes. The saddest reality for the families devastated by these horrific crashes: these deaths were completely preventable.

According to the most recent data from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, California ranks above the national average for impaired driving fatalities, with DUI fatalities increasing eight percent over 10 years, as national DUI deaths decreased by eight percent. California’s DUI deaths are moving in the wrong direction and driving impaired is an ever-increasing problem with high-crash risk. The Legislature must do more to ensure our roads and families are kept safe, while also examining our justice system for opportunities for reform.

California has made significant progress in recent years on criminal justice reform, and rightly so – the advancement of social justice depends on smart reforms. Diversion programs, which can provide Californians with a crucial second chance, are a particularly important reform element. We’ve seen since these programs were enacted, that the majority of the time they work as intended. But there are times when they do not, and we must move swiftly to address issues as they arise.

In 2020, Assembly Bill 3234 directed that diversion programs be available for all misdemeanor crimes, including DUI. Since that time, many of us expressed the need for strict guidelines to ensure serial DUI offenders aren’t avoiding penalties or accountability for their crimes. Additionally, a recent state Appellate Court decision ruled against diversion programs for misdemeanor DUI convictions. This is an opportunity for the Legislature to prescribe smart standards for DUI diversion programs that will help rehabilitate offenders, reduce recidivism, and protect public safety.

To address these issues and make our streets safer, I have introduced SB 1021, the DUI Diversion and Safety Act, to establish a diversion program for first-time, misdemeanor DUI offenders. Participants are required to enroll in a DUI education program, attend a victim impact panel, and install an ignition interlock device while participating in the diversion program. These new safeguards will give individuals the knowledge and experience to learn from their actions and to prevent senseless tragedies related to DUIs in California. This bill fulfills what Governor Newsom identified in his signing message for AB 3234, “to expeditiously remedy this issue [misdemeanor DUI] with the Legislature in the next legislative session.”

SB 1021 will provide a crucial second chance for those who deserve it, while ensuring repeat DUI offenders be held accountable for the seriousness of their crimes. This legislation limits the number of times an individual can participate in a DUI diversion program, remedying the problem that a chronic or habitual impaired driver could be arrested multiple times for misdemeanor DUI without a conviction ever showing up on their record. This bill also gives the courts the ability to treat an individual as a repeat offender if they are arrested for additional DUIs after completing a DUI diversion program.

Importantly, SB 1021 recognizes social inequities within the criminal justice system, evidenced by the fact that individuals from communities of color are disproportionately arrested for DUI in California. This bill declares the imperative that these community members have equitable access to participate in DUI diversion programs, and that race and ethnicity of program enrollees and completion rates are measured to ensure that equitable access to these programs is occurring.

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Unlike many other misdemeanor offenses, DUIs are not always a “victimless crime” and certainly not something Californians want to see more of. We all want safer streets and to keep habitual drunk and impaired drivers off our roads.

That’s why dozens of organizations like Mothers Against Drunk Driving (list other groups here) are educating the public about the ongoing threat and dangers associated with driving under the influence and why they are actively supporting this effort: to ensure that those repeatedly convicted of DUI are held responsible for their actions while giving others the chance to learn from their mistakes.

Californians have the right to safe roads and second chances.

Steven Bradford represents the 35th State Senate District.