The Difference Between DUI and DWI in California
If you’ve been stopped for suspected drunk driving in California, you’ve probably heard both terms, DUI and DWI, used interchangeably. But are they actually the same thing? And if not, which one applies to you?
Understanding the difference between DUI and DWI in California can help you make sense of your charges, know what to expect in court, and plan your defense.
What “DUI” Means in California
DUI stands for Driving Under the Influence. In California, it’s the official legal term for driving while impaired by alcohol, drugs, or a combination of both.
You can be charged with a DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- An officer believes your ability to drive is impaired, even if your BAC is below 0.08%.
DUI charges apply not just to alcohol, but also to prescription medications, marijuana, or illegal drugs that affect your ability to drive safely.
What “DWI” Means
DWI stands for Driving While Intoxicated or Driving While Impaired. Some states use this term instead of DUI to describe drunk or drugged driving.
However, California law does not officially use the term DWI. If you’re arrested in San Diego or anywhere in California, your charge will almost always be listed as DUI, not DWI.
That said, some people, including officers and media outlets, still use “DWI” informally to describe the same offense.
Why California Uses “DUI,” Not “DWI”
Each state defines impaired driving laws differently.
- In California, Vehicle Code §23152 covers all impaired driving under the label DUI.
- In other states, like Texas or New York, DWI may refer to a more severe form of impairment, while DUI might apply to lower BAC levels.
So, if you’re charged in California, there’s no legal difference between a DUI and a DWI. the law only recognizes DUI.
Types of DUI Charges in California
Even though the terminology is simple, the penalties are not. California has several DUI classifications, including:
- First-Offense DUI: Usually a misdemeanor with fines, probation, and license suspension.
- Second or Third DUI: Harsher penalties, longer DUI school, and possible jail time.
- Felony DUI: Applies if someone was injured, killed, or if you have multiple prior offenses.
- DUI Drugs (DUID): Driving under the influence of controlled substances or prescription medication.
Understanding which type of DUI you’re facing is crucial in building your defense.
DUI Penalties in California
Even for a first offense, a DUI in San Diego can lead to:
- Thousands of dollars in fines and fees
- Probation for up to five years
- DUI education programs (3–9 months)
- License suspension from both the court and DMV
- Increased insurance rates
- Possible jail time, depending on the circumstances
Because of these serious consequences, having an experienced attorney evaluate your case is essential before you make any decisions in court.
Why a DUI Lawyer Matters
A knowledgeable San Diego DUI lawyer can examine every aspect of your arrest, including whether:
- The officer had reasonable cause to stop you.
- The breath or blood test was accurate and properly administered.
- You were legally advised of your rights.
If any errors or violations occurred, they could form the basis for reduced charges or even a dismissal.
Attorney Rick Mueller, a San Diego DUI specialist, focuses exclusively on DUI defense and understands how local courts, prosecutors, and testing systems work. His experience gives clients the best chance to minimize, or avoid, the harsh consequences of a DUI conviction.
Bottom Line: DUI vs. DWI in California
In California, DUI is the only official term used for impaired driving charges. While DWI may sound different, both refer to the same offense here. What truly matters isn’t what it’s called, it’s how you handle the charge.
If you’re facing a DUI in San Diego, don’t go it alone. Contact Rick Mueller today for a free consultation and find out how an experienced DUI lawyer can help you protect your rights, your record, and your future.
The Difference Between DUI and DWI in California