If you’ve searched “DUI vs. DWI in California,” you’re not alone. Many people want to know the legal distinction — especially if they or someone they know is facing a charge. In this post, we’ll break it down clearly and simply, so you know your rights, the law, and what steps to take next.
Is There a Difference Between DUI and DWI?
In many states, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are separate charges. But in California, the law does not differentiate between the two.
What the California Vehicle Code Says
California uses Vehicle Code §23152 to govern DUI offenses. This law covers:
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Driving under the influence of alcohol (with a Blood Alcohol Concentration of 0.08% or higher for adults)
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Driving under the influence of drugs (prescription, over-the-counter, or illegal substances)
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Driving under the combined influence of alcohol and drugs
Whether it’s alcohol, marijuana, prescription painkillers, or other substances — if your ability to drive is impaired, it’s considered a DUI.
DUI Penalties
Penalties vary depending on the offense (first-time or repeat), your BAC level, and whether injuries or damages occurred.
First-Time DUI Penalties:
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Fines from $390 to over $1,000
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3–5 years of probation
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6-month license suspension
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Mandatory DUI education program
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Possible jail time up to 6 months
Second or Subsequent DUIs:
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Longer license suspension
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Mandatory ignition interlock device (IID)
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Harsher jail sentences
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Extended DUI school (up to 30 months)
Felony DUI:
Charged when:
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It’s your 4th DUI in 10 years
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You caused injury or death
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You had a prior felony DUI
Common Misunderstandings About DUI vs. DWI
| Myth | Fact |
|---|---|
| DWI is more serious than DUI | In California, both mean the same thing |
| You can only get a DUI for alcohol | False — drug impairment also counts |
| You can’t fight a DUI charge | Not true — many cases can be reduced or dismissed with the right defense |
DUI Arrest Doesn’t Equal Conviction
Being charged with a DUI doesn’t automatically mean you’re guilty. There are many potential defense strategies, including:
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Unlawful police stop
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Inaccurate breathalyzer tests
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Medical conditions that mimic intoxication
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Faulty field sobriety tests
Tips to Avoid a DUI Charge
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Use rideshare apps or public transit
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Appoint a designated driver
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Avoid driving if using any impairing substance, including some prescriptions
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Know your legal rights and BAC limits
Conclusion
Although some states distinguish between DUI and DWI, California uses “DUI” as a blanket term for all impaired driving offenses. Whether the substance is alcohol, drugs, or both, the legal and personal consequences can be life-changing. Understanding your rights, the law, and the potential defenses is the first step toward protecting your freedom and future.
Need Help with a DUI in California?
If you or a loved one has been arrested for DUI in California, don’t face it alone. An experienced DUI defense attorney can make all the difference in the outcome of your case. Contact Southwest Legal today for a free, confidential consultation. Serving clients throughout California. Call us now your future deserves the best defense.
