At The Law Offices of Kerry L. Armstrong, APLC, we get many questions from people who have never been in trouble before who get arrested for drunk driving.
One common question is, What is the difference between a DUI and a DWI in California?
It’s understandable to have questions because California’s drunk driving law is complicated and can be confusing.
Attorney Kerry L. Armstrong and our team of experienced drunk driving defense lawyers can review every aspect of your case and answer your questions, including why DUI and DWI mean the same thing in California.
We provide superior legal advocacy coupled with emotional support to help you get through the stress of getting charged with a crime.
And we pride ourselves on providing you with the best defenses possible. We will fight to limit your exposure to jail, probation, and other harsh consequences of a drunk driving charge.
Contact us to schedule a consultation.
DUI vs. DWI in California
DUI and DWI are abbreviations that refer to drunk driving charges. The abbreviations are derived from the statutory language used in a particular state.
Some states use both abbreviations to refer to different crimes, but California does not. DUI typically stands for driving under the influence, while DWI is an abbreviation for driving while intoxicated.
As stated, some states differentiate these two terms, but they mean the same thing in California.
California Vehicle Code §23152 declares that driving a vehicle while under the influence of alcohol is a crime.
California courts are more inclined to refer to drunk driving charges as DUIs rather than DWIs because of the statutory language.
Referring to drunk driving as DWI is not wrong; however, that particular abbreviation does not track the statutory language as DUI does.
Types of DUI Charges in California
DUI in California refers to several different types of DUI offenses. State DUI law refers to driving under the influence, DUI per se, driving while addicted to drugs, DUI drugs, DUI with drugs and alcohol, and driving a commercial motor vehicle or passenger-for-hire vehicle under the influence or with a blood alcohol content (BAC) of 0.04% or greater.
What’s the Difference Between DUI Charges?
The type of evidence prosecutors will use to convict you is the key difference among California’s DUI charges.
In a DUI prosecution, the police officer who arrested you will testify to evidence collected at the scene, like field sobriety tests and observations that led the officer to believe you were driving under the influence.
The evidence in a DUI per se prosecution is similar. DUI per se refers to California’s “legal limit” for how much alcohol can be in your body before you are charged with a crime.
The legal limit in California is a BAC of 0.08% or higher. So if you took a chemical test, then the prosecutor will call witnesses to testify about the result.
The prosecution might need to call a drug recognition expert to discuss driving under the influence of drugs or a combination of drugs and alcohol if they suspect you of using drugs and driving.
Fight Your San Diego County DUI Charges with Experienced Criminal Defense Lawyers
We encourage our clients to ask questions like, What is the difference between a DUI vs a DWI in California? We are happy to take the time to ensure you understand every aspect of your defense.
Call us today at 619-439-0912 or contact us online to speak with our award-winning criminal defense lawyers.
You are in good hands with State Bar of California board-certified criminal law specialist Kerry L. Armstrong and his team.
FAQ Section
Is there a difference between DUI and DWI in California?
No. California Vehicle Code § 23152 uses only the term DUI, and there is no separate offense called DWI under California law. The terms are sometimes used interchangeably in conversation, but every drunk-driving prosecution in California is technically a DUI charge.
Why does California use DUI instead of DWI?
California’s statutory language — specifically Vehicle Code § 23152 — uses the phrase “driving under the influence.” That language is the source of the abbreviation DUI. Because California courts, prosecutors, and the DMV all track the statute, “DUI” is the term used in every official document, while “DWI” is informal slang in this state.
What is the legal BAC limit in California?
California’s legal BAC limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.01% for drivers under 21 or on DUI probation. A driver can also be charged under VC 23152(a) for being impaired regardless of BAC.
Can you get a DUI in California without drinking alcohol?
Yes. California’s DUI law covers driving under the influence of any drug — prescription medication, cannabis, over-the-counter medication, and illegal drugs all qualify if they impair your ability to drive. Drug-related DUIs are charged under Vehicle Code § 23152(f) and carry the same penalties as alcohol DUIs.
Is a first-time DUI in California a misdemeanor or a felony?
A first-time DUI in California is typically a misdemeanor. It can be elevated to a felony if the incident caused injury or death, the driver had a BAC of 0.15% or higher, a child under 14 was in the vehicle, or the driver had previous DUI convictions.
What are the penalties for a first DUI in California?
A first DUI conviction in California carries up to 6 months in county jail, a fine of $390 to $1,000 (plus penalty assessments that often triple the total), a 6-month license suspension, 3 to 9 months of DUI school, and 3 to 5 years of summary probation. Insurance rate increases and an SR-22 filing requirement typically follow.
How long does a DUI stay on your record in California?
A California DUI conviction remains on your criminal record permanently unless removed through expungement under Penal Code § 1203.4. The conviction stays on your DMV record for 10 years — during that window, any new DUI is counted as a “prior” and triggers escalated penalties.
Can a California DUI conviction be expunged?
Yes — most California DUI convictions can be expunged under Penal Code § 1203.4 once probation is successfully completed. An expunged DUI is removed from background checks for most employment purposes, but it does not clear your DMV record and is still counted as a prior for any future DUI.
Do I need a DUI attorney for a first offense in California?
Yes — strongly recommended. Even a first-offense California DUI carries possible jail time, a license suspension, DUI school, fines, and major insurance consequences. An experienced California DUI attorney can challenge the traffic stop, field-sobriety tests, and BAC results, and may be able to negotiate the charge down to a “wet reckless” (VC 23103.5) or have the case dismissed entirely.
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