DWI vs. DUI in California: Key Differences

In California, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, leading to confusion. While some states differentiate between the two, California exclusively uses DUI to cover all instances of impaired driving, whether due to alcohol, drugs, or a combination of both.

Understanding this distinction is crucial, as California enforces some of the strictest DUI laws in the country. A conviction can result in severe penalties, including fines, license suspension, mandatory DUI education programs, and even jail time. Notably, the state does not require a high blood alcohol concentration (BAC) to issue a DUI charge—any noticeable impairment can lead to legal consequences.

Since California does not separate DUI and DWI, all impaired driving offenses are treated under the same laws. This article will dive into the differences between DWI and DUI, the legal penalties, and what you need to know if you’re facing charges in California.

DUI refers to operating a vehicle while affected by alcohol, drugs, or both. In California, a driver is considered under the influence if their blood alcohol content (BAC) is 0.08% or higher. However, even if a driver has a lower BAC, they can still be charged if they show signs of impairment.

• DUI includes impairment from illegal drugs, prescription medications, or any substance that affects a person’s ability to drive safely.
• Penalties for DUI in California may include fines, license suspension, mandatory treatment programs, or jail time.

DWI generally refers to driving while intoxicated by alcohol. Some states also use DWI for drug-related impairment, but the definition varies. In states where both DUI and DWI exist, DWI is often used for alcohol impairment, while DUI applies to drug-related impairment.

However, California does not officially use the term DWI. Instead, all impaired driving offenses fall under DUI laws, which cover both alcohol and drug-related impairment.

California law only uses DUI, and it is covered under California Vehicle Code Section 23152:

• 23152(a) VC – Driving under the influence of alcohol.
• 23152(f) VC – Driving under the influence of drugs.
• 23152(g) VC – Driving under the combined influence of alcohol and drugs.
• 23152(b) VC – Driving with a BAC of 0.08% or higher.

The California DMV can suspend a driver’s license if they are caught with a BAC over 0.08% or refuse a chemical test. However, for drivers impaired by drugs alone, there is no automatic DMV suspension, but they may still lose their license upon conviction.

While some states differentiate between DUI and DWI, California has streamlined all alcohol and drug-related driving offenses under DUI laws (Vehicle Code 23152). Historically, DWI was sometimes used to indicate a higher level of impairment, but California law treats all impaired driving under the DUI umbrella, whether the impairment is caused by alcohol, drugs, or both.

Other Related Offenses

California has additional related offenses that may be charged instead of or in conjunction with a DUI, depending on the circumstances:

• Wet Reckless (Vehicle Code 23103.5) – A lesser charge that some DUI cases are reduced to in plea deals. It carries lower fines and penalties than a standard DUI but still counts as a prior DUI if convicted again.
• Dry Reckless (Vehicle Code 23103) – Similar to wet reckless but does not involve alcohol or drugs. It is often a more favorable plea deal than a DUI.
• DUI with Minor Passenger (Vehicle Code 23572) – A DUI offense with a child under 14 in the vehicle leads to enhanced penalties.
• DUI Causing Injury (Vehicle Code 23153) – A more severe charge applied when a DUI-related accident results in injury to another person.

Even if a driver’s BAC is below the legal limit, they can still face DUI charges under Vehicle Code 23152(a) if their driving ability is impaired. Law enforcement officers may use observations, field sobriety tests, and chemical tests to determine impairment. Some factors leading to charges despite a lower BAC include:

• Slurred speech
• Weaving between lanes
• Delayed reaction time
• Poor performance in field sobriety tests

Drivers may also face Drug DUI (Vehicle Code 23152(f)) if found under the influence of prescription, over-the-counter, or illegal drugs, even if their BAC is 0.00%.

Misdemeanor vs. Felony DUI

• Misdemeanor DUI – Most first, second, and third DUI offenses without injuries are misdemeanors. They carry fines, license suspension, probation, and possible jail time.

• Felony DUI – A DUI is charged as a felony if it involves serious injuries, fatalities, or if the driver has multiple prior DUI convictions.

DUI Penalties Based on Offense Count

Aggravating Factors That Increase Penalties

• High BAC (0.15% or more) – May lead to longer license suspension and increased fines.
• DUI with a minor in the car – Additional penalties under Vehicle Code 23572.
• DUI causing injury – Upgraded to a felony under Vehicle Code 23153.
• Refusing a breathalyzer or blood test – Leads to longer license suspension due to implied consent laws.

California takes DUI offenses seriously, with strict laws and penalties to discourage impaired driving. Understanding these distinctions and penalties can help individuals make informed decisions and seek appropriate legal guidance when necessary.

In California, there is no separate charge for DWI (Driving While Intoxicated). Instead, the state uses DUI (Driving Under the Influence) to cover all cases of impaired driving, whether caused by alcohol or drugs. If someone mentions “DWI California,” they are likely referring to DUI.

Since California does not differentiate between DWI and DUI, the penalties are the same. In other states, DWI and DUI may have different legal meanings, but in California, both refer to impaired driving and carry the same consequences.

The distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) varies by state. In some states, these terms are used interchangeably to refer to the same offense. However, other states differentiate between the two based on the severity of impairment. For instance, in states like Texas and Maryland, DWI is considered a more serious charge than DUI. A DWI typically indicates a higher blood alcohol content (BAC) or extreme impairment, leading to harsher penalties such as longer license suspensions, higher fines, and mandatory jail time. Conversely, DUI may apply to lower levels of intoxication, including impairment from drugs.

California participates in the Interstate Driver’s License Compact (IDLC), which means that an out-of-state DUI or DWI conviction can impact a driver’s record in California. If you are convicted of DUI in another state, the California DMV may treat it as if it happened within the state, leading to penalties like license suspension or mandatory DUI programs. However, the specific consequences depend on whether the other state’s laws are substantially similar to California’s DUI laws.

1. DUI Stop and Arrest

• An officer can stop you for a traffic violation, vehicle defect, or accident.
• If signs of intoxication are observed, field sobriety and Breathalyzer tests may be conducted.
• If you fail, you’ll be arrested under California Vehicle Code §23152(a) and taken to a police station or jail for booking.

2. Chemical Testing & Charges

• A breath or blood test is done to determine Blood Alcohol Concentration (BAC).
• A BAC of 0.08% or higher leads to an additional charge under Vehicle Code §23152(b).
• Refusing the test results in license suspension (1 year or more) and 48 hours in jail.

3. Release & License Suspension

• After booking, you may be released with a 30-day temporary license.
• Your actual license is automatically suspended unless you fight it.

4. DMV Hearing (Within 10 Days)

• Request a DMV hearing to challenge your license suspension.
• The DMV determines if the officer had probable cause and if BAC was above the limit.
• If you win, you keep your license; if you lose, your suspension is upheld.

5. Court Process & Defense

• First court appearance (Arraignment): You plead guilty, not guilty, or no contest.
• Your lawyer gathers evidence, challenges police procedures, and may negotiate a plea deal.
• Pretrial motions can dismiss weak evidence or challenge the arrest.

6. Plea Bargains & Trial

• Many cases settle through plea bargaining (reduced charges for a lighter sentence).
• If no agreement is reached, the case goes to trial where a judge or jury decides guilt.

7. Sentencing & Penalties

If convicted, penalties may include:

• Fines, probation, mandatory DUI programs
• License suspension (4 months to 3 years)
• Jail time (varies based on prior offenses and severity)

8. Post-Conviction Options

• Appeal the conviction or request sentence modifications (such as house arrest).

Key Takeaways

• Act fast: Request a DMV hearing within 10 days to keep your license.
• Hire a DUI lawyer: Legal representation can help reduce penalties or fight charges.
• Know your rights: Refusing a test carries consequences, just like a high BAC result..

A DUI charge doesn’t always mean a conviction. Here are some ways to fight it:

Was the Traffic Stop Legal?

Police must have a valid reason to stop you, like speeding or swerving. If they didn’t, any evidence they collected may not be used in court.

Are BAC Test Results Accurate?

Breathalyzers and blood tests can be wrong due to faulty equipment, improper use, or human error. Even certain foods or medical conditions can lead to false readings.

Did Your BAC Rise After Driving?

Alcohol takes time to enter your bloodstream. Your BAC may have been legal while driving but increased by the time you were tested, leading to unfair results.

Do You Have a Medical Condition?

Conditions like diabetes, acid reflux, or neurological disorders can make you appear intoxicated. Some can even affect breath test results, showing a higher BAC than you actually have.

A strong legal defense can challenge the charges and protect your rights.

Who Can Get a DUI Expunged?

Not everyone qualifies to have a DUI removed from their record. To be eligible, you must have completed your probation without any violations. The DUI should not have led to time in state prison, and you shouldn’t have any new criminal charges. Some factors, like multiple offenses, can make the process more challenging.

Steps to Clear a DUI from Your Record

Applying for expungement involves several steps. First, you need to get a copy of your court records. Then, you must file a petition with the court and possibly attend a hearing. If approved, your guilty plea or conviction will be dismissed, making it easier to move forward without the burden of a past DUI.

Will an Expunged DUI Show Up on Background Checks?

Even after expungement, a DUI may still appear in certain background checks, especially those for government jobs or professional licenses. However, for most employment and housing applications, you can legally say you haven’t been convicted. Expungement improves your chances of moving on without your past mistake affecting your future.

If you drink, don’t drive—it’s that simple. Driving under the influence (DUI) can lead to fines, jail time, and a suspended license. Here’s how to stay safe and legal:

• Drink Responsibly – Know your limits and avoid excessive drinking. If you’re unsure, don’t risk driving.
• Use Rideshare Services – Apps like Uber and Lyft, or even a regular taxi, can get you home safely.
• Have a Designated Driver – Plan ahead and choose someone who will stay sober to drive everyone home.

There are several myths about DWI vs DUI in California that need clarification. One common misconception is that DWI refers only to alcohol, and DUI covers both alcohol and drugs. However, in California, DUI covers both alcohol and drugs, including prescription medications and illegal substances. DWI vs DUI California is often confusing because other states may use different terminology. Another misconception is that DUI and DWI penalties differ significantly, but in California, they are treated the same under the DUI laws.

In California, the term DUI (Driving Under the Influence) is used for cases where someone is caught driving while impaired by alcohol or drugs. Some states use DWI (Driving While Intoxicated) as a separate charge, but in California, both mean the same thing. No matter the term, the penalties for impaired driving are serious and can include fines, losing your driver’s license, and even jail time.

It’s very important to understand DUI laws because a single mistake can have long-term consequences. A DUI charge can affect your job, insurance rates, and even your personal life. Knowing the laws can help you make better decisions and avoid legal trouble.

The best way to stay safe and avoid a DUI is to plan ahead. If you’ve been drinking or using drugs, don’t drive—use a designated driver, call a taxi or rideshare, or stay where you are until you’re sober. Making the right choice can protect your life and the lives of others.

If you or someone you know is facing a DUI charge, Crown Bail Bonds  can help. They offer fast and reliable bail bond services to get you or your loved one out of jail quickly. When facing a tough situation, having the right support can make all the difference.