In California, DUI is the correct acronym for the crime of driving under the influence of drugs or alcohol. However, it is also common to refer to the offense as DWI, or driving while intoxicated. Unlike in some other states, there is no difference between DUI and DWI in California. The terms are interchangeable.
Different terms for drunk driving
Each state has its own criminal law. Some of them use different words to refer to the crime of operating a motor vehicle while under the influence of drugs or alcohol. Some of the more common terms for drunk or drugged driving are:
- driving under the influence (DUI),
- driving while intoxicated (DWI),
- driving while impaired (also DWI),
- operating under the influence (OUI),
- operating while intoxicated (OWI),
- driving while ability impaired (DWAI), and
- operating a vehicle impaired (OVI).
In the vast majority of states, including California, these terms are used interchangeably. They all refer to the crime of driving a motor vehicle while intoxicated by drugs or alcohol. The criminal defense lawyers at our law firm have found that people typically understand what you mean, even if you do not use the term DUI.
The different acronyms only matter in a couple of states. For example, in New York, DWI is the crime of driving with a blood alcohol content (BAC) at or above the legal limit, while DWAI is the crime of driving while too impaired to drive safely, even if your BAC level was under the legal limit.[1]
Types of California DUI charges
In California, there are numerous different DUI offenses that you can be charged with. Some of the most common DUI charges are:
- per se DUI, where your BAC was at or above the legal limit (California Vehicle Code 23152(b) VC),
- DUI, where your BAC was not over the legal limit but you were still too impaired to drive safely (California Vehicle Code 23152(a) VC),
- drugged driving, where you were too impaired by drugs to drive safely (California Vehicle Code 23152(f) VC),
- DUI by drivers for hire, where you were driving under the influence of drugs or alcohol while a passenger for hire was in the vehicle (California Vehicle Code 23152(e) VC),
- DUI causing injury, where you were driving while under the influence of drugs or alcohol and caused a crash that hurt someone else (California Vehicle Code 23153 VC),
- underage DUI, where you are under the age of 21 and were driving with any amount of alcohol in your system in violation of California’s “zero tolerance” law (California Vehicle Code 23136 VC), and
- vehicular manslaughter while intoxicated, where you were driving under the influence and caused a fatal accident (California Penal Code 191.5(b) PC).
According to the California Department of Motor Vehicles (DMV):
In 2019, there were 124,141 DUI arrests and 88,043 convictions in California.[2]
Consequences of a DUI conviction
The consequences of a DUI conviction in California depend on:
- the precise charge you are facing,
- aggravating factors, and
- your criminal history.
However, you will likely face:
- a driver’s license suspension or revocation,
- DUI school,
- criminal fines,
- probation, and/or
- jail time.
The DUI lawyers at our law offices have found that even clients who avoid jail time face serious repercussions from a DWI charge. This is particularly the case for commercial drivers, who can struggle to find work with a DUI case on their criminal record.
Our criminal defense attorneys, however, have ways of mitigating the severity of the penalties for a drunk or drugged driving charge. For example, we can reduce the inconvenience of the license suspension by asking the court to let you install an ignition interlock device (IID) in your vehicle.
The DUI charge
Our DUI-defense lawyers have found that the particular DUI charge that you are facing is the biggest factor in the potential consequences.
For example, a conviction for a misdemeanor charge of first-time per se DUI, where the law enforcement officer found that your BAC was at or above the legal limit during a traffic stop, carries:
- 3 to 5 years of probation,
- a 6-month license suspension,
- $390 to $1,000 in fines, plus penalty assessments, and
- 48 hours to 6 months in jail.[3]
If it is a felony charge for DUI causing injury, where you were under the influence of drugs or alcohol and caused a car accident that hurt someone else, a conviction would carry:
- a license suspension of up to 5 years,
- a Habitual Traffic Offender (HTO) status for 3 years,
- up to $5,000 in fines, and
- up to 4 years in prison.[4]
Aggravating factors
Some aggravating factors can increase the consequences of a DUI conviction. Some of these include:
- test results showing that you had a blood alcohol concentration (BAC) of 0.15 percent or higher,
- having a minor under the age of 14 in the vehicle with you,
- refusing to take a chemical test, breathalyzer, or blood test when asked by the police officer, and
- excessive speeding while under the influence of alcohol or drugs.
Your criminal history
DUI crimes are priorable under California law. This means each successive conviction will carry higher penalties than the last violation of the state’s DUI laws.
For example, the penalties of a per se DUI increase for each conviction you have had in the past 10 years[5]:
| Number of DUI convictions in the last 10 years | Potential jail time | License suspension | DUI school |
| 0 | 48 hours to 6 months | 6 months | Usually 3 months |
| 1 | 96 hours to 1 year | 2 years | 18 or 30 months |
| 2 or more | 120 days to 1 year | 3 years | 30 months |
This is why it is extremely important to have a DUI attorney on your side if you ever get arrested for drunk or drugged driving.
Legal Citations:
[1] New York Vehicle and Traffic Law 1192.
[2] California DMV, “DUI Summary Statistics: 1980 – 2020.”
[3] California Vehicle Code section 23536 VC.
[4] California Vehicle Code 23556 VC.
[5] California Vehicle Code 23536 VC.
