In California, criminal charges related to impaired or dangerous driving—such as DUI (Driving Under the Influence), DWI (Driving While Intoxicated), and Reckless Driving—are not simply traffic violations; they are criminal offenses with serious legal consequences. These charges can lead to jail time, fines, probation, license suspension, and a permanent criminal record.
Because these terms are often confused or used interchangeably, it’s important to understand their distinct legal definitions, how California law treats each offense, and what penalties you may face if charged.
This blog post will provide a clear and detailed explanation of the differences between DUI, DWI, and Reckless Driving in California, including:
Their legal meanings
Differences in how they are prosecuted
Potential penalties and license impacts
What to expect if you face any of these charges
Whether you’re a driver trying to understand the law or someone dealing with charges, this guide will help clarify these serious offenses and how they differ under California law.
What Is a DUI in California?
DUI (Driving Under the Influence) is defined under California Vehicle Code §23152. It prohibits operating a motor vehicle while impaired by alcohol, drugs, or a combination of both.
Key DUI Rules:
BAC limit of 0.08% for most adult drivers
BAC limit of 0.04% for commercial drivers
BAC limit of 0.01% for drivers under 21
DUI includes impairment by:
Alcohol
Illegal drugs
Prescription or over-the-counter medication
Marijuana (even if legally obtained)
Even if your BAC is below the legal limit, you can still be charged if you are deemed impaired and unable to drive safely.
What Is a DWI in California?
DWI (Driving While Intoxicated) is not a legally recognized term in California.
In other states, DWI and DUI may be distinct charges, but in California, DUI is the official charge used for all forms of impaired driving—whether from alcohol or drugs.
So, if someone says they were charged with DWI in California, it usually means DUI, which is a criminal charge.
What Is Reckless Driving in California?
Reckless driving is defined under California Vehicle Code §23103 as operating a vehicle with “willful or wanton disregard for the safety of persons or property.”
Unlike DUI, reckless driving does not require impairment. Instead, it refers to dangerous or irresponsible behavior behind the wheel.
Examples of Reckless Driving:
Excessive speeding
Aggressive lane changes
Street racing
Running red lights or stop signs
Tailgating or cutting off other drivers
Reckless driving is a criminal misdemeanor offense in California and can be elevated to a felony if it causes injury.
Key Differences
| Feature | DUI | DWI | Reckless Driving |
|---|---|---|---|
| Official in CA? |  Yes |  No | Yes |
| Involves alcohol/drugs? | Yes | (in other states) | Not required |
| Requires impairment? | Yes | | No |
| Legal Code Section | VC §23152 | N/A | VC §23103 |
| Can be felony? | Yes (under some circumstances) | N/A | Yes (if injuries involved) |
| DMV Points | 2 points | N/A | 2 points |
| Jail Time? | Possible | N/A | Possible |
| License Suspension? | Yes | N/A | Possible |
DUI Penalties in California
Penalties vary depending on your history, BAC level, and whether any injuries occurred.
First DUI Offense:
Up to 6 months in jail
Fines up to $1,000 (plus court fees and penalties)
DUI education program (3 to 9 months)
License suspension for 6 to 10 months
Possible ignition interlock device (IID) installation
Probation for 3 to 5 years
Aggravating Factors:
Injury or death caused while driving under the influence
BAC over 0.15%
Multiple prior DUI convictions
Driving with a child passenger
In these cases, DUI can be charged as a felony with harsher penalties.
Reckless Driving Penalties in California
Reckless driving is generally treated as a misdemeanor unless it causes injury.
First Offense:
5 to 90 days in county jail
Fines between $145 and $1,000
2 points on your DMV driving record
Possible probation
Possible insurance premium increases
Felony Reckless Driving:
Charged when reckless driving results in serious injury or death
Longer jail or prison time
Higher fines
Permanent criminal record
What Is a “Wet Reckless” in California?
A “wet reckless” is a plea bargain sometimes offered in DUI cases that reduces the charge to reckless driving with alcohol involvement.
Benefits of a Wet Reckless Plea:
Lower fines and penalties
Usually no mandatory license suspension
Shorter DUI school requirements
Less stigma than a DUI conviction
Downsides:
Counts as a prior DUI if arrested again within 10 years
Can increase insurance premiums
May still impact your criminal record
Which Offense Is More Serious?
Generally speaking:
DUI is the most serious of these offenses.
Reckless driving is serious but less so than DUI, unless it causes injury or death.
A wet reckless is less serious than a DUI but still a criminal offense.
A felony DUI carries the harshest consequences.
Summary Table
| Offense | Alcohol/Drugs Involved | Jail Time | License Suspension | Criminal Record |
|---|---|---|---|---|
| DUI | Yes | Yes | Yes | Yes |
| DWI | Yes (term not used in CA) | N/A | N/A | N/A |
| Reckless Driving | Not required | Yes | Possible | Yes |
| Wet Reckless | Yes | Usually No | Usually No | Yes |
Important Note: These Are Criminal Charges
Unlike simple traffic infractions (like speeding tickets), DUI, DWI, and reckless driving in California are criminal offenses. This means:
You may face jail or prison time
You will have a criminal record if convicted
You will have points on your driving record
You could lose your driver’s license temporarily or permanently
You will likely face increased insurance premiums
Need Legal Help?
If you or a loved one is facing a DUI, reckless driving, or any related charge in California, it’s critical to have experienced legal representation. The consequences are serious and can affect your freedom and future for years to come.
Contact Southwest Legal Today
Southwest Legal is dedicated to defending your rights and fighting for the best possible outcome. Our experienced California DUI and traffic defense attorneys understand the complexities of these criminal charges and are ready to help. Call us now for a free consultation. Don’t wait — protect your rights and your future with Southwest Legal by your side.
