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A California Senate committee just gutted one of the state’s most substantial DUI reform bills in years, despite widespread support from other lawmakers and families of drunk driving victims.

The bill would have required in-car breathalyzers for anyone convicted of a DUI, bringing California in line with most states. State law currently only requires the devices, called ignition interlock devices, after repeat offenses or injury crashes.

Sabrina Cervantes, a Democrat from the Inland Empire and chair of the Senate Appropriations Committee, provided a hint of changes last week when she said there were amendments to the bill that had been approved unanimously by the committee. This week, an updated version of the legislation emerged, and it effectively killed a key provision to start requiring the devices for thousands of first-time offenders. Such changes are commonly referred to as “hostile amendments” because they are made without the involvement or support of the bill’s author.

Cervantes was arrested for a DUI in a high-profile incident in Sacramento in May 2025. The District Attorney’s Office did not prosecute her after a blood test showed no drugs or alcohol in her system. Cervantes then sued the city of Sacramento and several of its police officers, alleging that that police fabricated evidence and falsely arrested her. Cervantes’s sister, state Assembly candidate Clarissa Cervantes, has herself been convicted of two DUIs in Southern California, according to media reports.

Sabrina Cervantes did not respond to our request for comment for this story. We will update it if she does.

As news of the bill’s gutting spread this week, Kellie Montalvo was left wondering if there’d been some sort of horrible mistake. Montalvo, whose 21-year-old son Benjamin was killed by a drunk driver in Cervantes’s district in 2020, said she was just in Sacramento two weeks ago lobbying lawmakers – including Cervantes – on a slate of dangerous driving bills. Many of those bills have already failed.

“It’s heartbreaking, and I try to tell myself not to lose hope,” Montalvo said. “I mean, California has got to do something. Our numbers are horrific.”

Alcohol-related roadway deaths in California spiked more than 50% in a decade — an increase more than twice as steep as the rest of the country, federal data shows. More than 1,300 people die each year statewide in drunken collisions.

Over the last two years, a CalMatters investigation has shown how state officials have allowed dangerous drivers to stay on the road and kill, and how elected leaders have looked away even as the death toll skyrocketed.

For years, lawmakers have tried and failed to require in-car breathalyzers for all DUI offenders. Progressive justice reform groups and the DMV have opposed similar bills in the past, citing fears about unfairly penalizing poor DUI offenders, high costs and the DMV’s aging technology. .

Montalvo and other advocates thought this year might be different. The DMV has actively participated in state hearings and, she and others said, provided technical advice to make sure the bill was realistic. Gov. Gavin Newsom also instructed lawmakers last year to continue to work on the state’s breathalyzer laws and develop a “a lasting program that strengthens public safety.”

It’s unclear why this year’s bill was gutted at the 11th hour. Public records show that Senate Appropriations committee staff recently expressed concern about costs.

The amendment process is opaque even to Sacramento insiders.

“Honestly it’s sometimes a bit of a black box even for us as legislators,” said the bill’s author, Assemblymember Cottie Petrie-Norris, an Orange County Democrat. “I am still trying myself to get to the bottom of it.”

Petrie-Norris, who has spent the past three years trying to pass a version of this bill, said she does not believe Cervantes’ personal experience played a role in the decision to amend the bill. She added that she is still working to re-amend the measure after “unintended consequences” that she says would make the policy unworkable for the DMV and hurt California’s eligibility for federal funding.

Asked for an interview to explain the changes to the bill, Senate President Pro Tem Monique Límon’s office referred questions to Cervantes. Diana Crofts-Pelayo, Newsom’s chief deputy director of communications, also declined to answer questions about the breathalyzer bill, saying the office does not typically comment on pending legislation.

While the bill heads into the final days of negotiations, Montalvo and other victims’ families are grappling with deja vu. It was just about a year ago that they were standing in the Capitol with photos of their loved ones and told the bill was doomed.

She stays busy checking in with the parole officer for the Riverside County driver who killed her son. Last she heard, the driver was trying to get her license back after being released early from prison.