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Difference Between DUI and DWI in California Explained
Driving under the influence (DUI) and driving while intoxicated (DWI) are two of the most common charges drivers can face when they are pulled over by police in California. However, many individuals are confused about the difference between these two charges. Generally, “DUI” and “DWI” are used interchangeably to define driving offenses that involve a driver being impaired, whether it is by drugs or alcohol, or both. Essentially, whether the term “DUI” or “DWI” is used, it largely depends on the state in which the offense was committed, and it helps to know the difference between the two.
DUI vs. DWI
In California, a person can be charged with DUI if they operate their vehicle while impaired by alcohol, drugs, or a combination of both. A driver can also be charged with the offense if they have a blood alcohol concentration (BAC) of 0.08 percent or higher, as stipulated in California Vehicle Code Section 23152(b) VC. The majority of DUI cases in California that involve alcohol see the individual being charged with DUI and driving with a blood alcohol concentration of 0.08 or greater. That means that the prosecution can tackle two different charges of criminal liability.
Administrative Penalties for DUI
If a Los Angeles resident or any other driver in California is found to have a 0.08 or higher BAC while driving or refuses to take a chemical test when legally asked to under suspicion of DUI, the California DMV can take administrative action by suspending their driver’s license. If an individual is convicted of these offenses, they will also have their license automatically suspended under California Vehicle Code Section 23152 VC.
Out of State DWI Conviction in California
If an individual from another state has a conviction that is termed DWI for driving while impaired, they can face additional penalties if they get arrested for a DUI while in Los Angeles or any other city in California. The prosecutor can obtain information on the individual from a national database. If the person has any DWI convictions within the past 10 years, they will be charged with priors in the new DUI case, and the prosecutor has to prove the prior conviction.
Penalties for DUI
In California, a DUI conviction can result in jail time, hefty fines, suspension of the driver’s license for at least one year, and mandatory long DUI classes. If the person has prior DUI convictions within the past 10 years, the penalties are even stricter, and a fourth DUI conviction can be charged as a felony, which is much more serious and can result in significant prison time.
Why Hire a Los Angeles DUI Attorney
DUI charges can have severe consequences and can affect every aspect of an individual’s life negatively. Hiring a highly skilled Los Angeles DUI attorney is paramount. If you or someone you know has been arrested for a DUI offense or any other criminal offense in Los Angeles or the surrounding areas, contact the Spodek Law Group today. Our lawyers provide aggressive and skilled representation to clients facing DUI and other criminal charges. We have helped many people dismiss, reduce or get charges completely dropped. Don’t wait! Get in touch with us now for a free consultation.
One of the most common charges drivers can face in California when they are pulled over by police is driving under the influence (DUI) and driving while intoxicated (DWI). However, it is not uncommon for people to be confused regarding the difference between these charges. In California, a DUI is when a driver is operating their vehicle while impaired by drugs or alcohol, or a combination of both. The prosecutor can also explore certain aspects that can come into play in a DUI case. Essentially, whether the term “DUI” or “DWI” is used, it largely depends on the state in which the offense was committed, and it helps to know the difference between the two.
“DUI” and “DWI” are regularly used interchangeably to explain driving offenses that involve a driver being impaired. Whether the impairment was caused by drugs or alcohol, or both, is irrelevant in many cases. It typically depends on the state where the offense occurred as there are different definitions of impaired driving in all 50 states in the United States.
California treats DUI cases (which could pertain to drugs, alcohol or both) differently from DWI as a driver can be charged with impaired driving for DUI, and DWI specifically pertains to driving while impaired by alcohol. According to California’s Vehicle Code, a driver can be charged with DUI if he or she has a blood alcohol concentration (BAC) or 0.08 percent or higher. On the other hand, a driver who is suspected of DWI in California would have to comply with the state’s implied consent laws if the officer suspects that the driver’s BAC is over the legal limit.
In California, a DUI conviction attracts severe penalties, including fines, jail time, license suspension, and mandatory participation in DUI classes. Moreover, if an individual has prior DUI convictions within the past 10 years, the penalties are stricter. Fourth DUI convictions in California can be charged as a felony, which is more serious and attracts significant prison time.
If you are arrested for DUI in California and are found to have a 0.08 or higher BAC or refuse to take a chemical test when legally asked to, the California Department of Motor Vehicles (DMV) can take administrative action, including suspending your driver’s license. If you are convicted of a DUI offense, your license will also be suspended automatically, according to California Vehicle Code Section 23152 VC.
If you have an out of state DWI conviction and are arrested for DUI while in Los Angeles or any other city in California, you may face additional penalties. The prosecutor could obtain information about you from a national database, and if the person has any DWI convictions within the past ten years, they will be charged with priors in the new DUI case, and the prosecutor must prove the prior conviction. On the other hand, if the other state does not have a statute similar to that of California, the defense attorney might be able to get a strike on the previous offense.
DUI charges can have severe consequences and affect every aspect of your life negatively. It is, therefore, essential to hire a Los Angeles DUI attorney who understands California’s DUI laws and has experience with DUI cases to represent you. At Todd Spodek Law Group, our attorneys provide aggressive and skilled representation to clients facing DUI charges and other criminal charges. We have helped many people dismiss, reduce, or get charges dropped. Don’t wait! Get in touch with us now for a free consultation.
In conclusion, if you or someone you know has been accused of DUI in California, it’s imperative to understand the charges you are facing and the associated penalties. Moreover, it would be to get in touch with an experienced Los Angeles DUI attorney to understand your legal rights and options. The Kraut Law Group at Todd Spodek Law Group provides excellent, aggressive representation to clients facing DUI and other criminal charges. Don’t wait! Call us today to schedule your free consultation.
| DUI Penalties in California | |||
|---|---|---|---|
| Fines | Jail Time | License Suspension | Mandatory Participation in DUI classes |
| Fourth DUI conviction | Attracts significant prison time |
| DMV Administrative Actions for DUI | |||
|---|---|---|---|
| Suspension of driver’s license |
| Out of State DWI Conviction in California | |||
|---|---|---|---|
| Additional penalties | Charged with priors in the new DUI case | Prosecutor must prove prior conviction | Criminal defense attorney could get a strike on the previous offense |
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS