Is There a Difference Between a DWI and a DUI in California?

February 26, 2025 | Ahmed & Sukaram, Criminal Defense Attorneys

The terms DUI (driving under the influence) and DWI (driving while intoxicated) are commonly used interchangeably when drivers are charged with impaired driving. But is there a difference between a DWI and a DUI in California? Many states differentiate between the two terms, but in California, the legal system primarily uses “DUI.” A Redwood City criminal defense lawyer can help if you have been charged in California.

Are DUI and DWI the Same in California?

DUI and DWI are distinct offenses in many states but not in California. California uses the term “DUI” to refer to charges involving drivers who are impaired by drugs, alcohol, or a combination of both.

Under California Vehicle Code Section 23152, it is unlawful to operate a vehicle in California if:

You are an adult with a blood alcohol concentration (BAC) of 0.08 percent or higher.
You are an adult driving a commercial vehicle with a BAC of 0.04 percent or higher.
You are under age 21 and driving with a BAC of 0.01 percent or higher.
You are under the influence of drugs, including prescription medications and controlled substances.

A BAC above the legal limit is a per se DUI, meaning you are automatically considered impaired, regardless of your actual driving performance. You can also face an impairment-based DUI if law enforcement determines that your ability to operate a vehicle is impaired by alcohol or drugs, even if your driver’s BAC is below the legal limit.

Penalties for a DUI in California

DUI penalties in California can be severe, especially for repeat offenders. The specific consequences you may face will depend on whether you have been convicted of prior DUI offenses, BAC level, and whether any injuries occurred. A first offense typically carries a fine of up to $1,000, a suspension of your license, and possible jail. Repeat offenders will face larger fines and harsher jail sentences. A Redwood City DUI penalties attorney can help defend you against a DUI charge in California.

Defenses Against a DUI Charge in California

Hiring an experienced California DUI defense lawyer is important if you are facing a DUI charge. An experienced attorney can evaluate your case and build a defense strategy. This may involve:

Challenging the traffic stop: Evidence collected during your traffic stop may be inadmissible if law enforcement did not have probable cause to stop you.
Questioning breathalyzer or blood test accuracy: Breathalyzers and lab results are not always reliable. Law enforcement must regularly calibrate breathalyzers to maintain accurate results.
Investigating procedural errors: Officers must follow strict protocols when conducting sobriety tests and arrests. You
Exploring alternative explanations for impairment: Medical conditions, fatigue, or diet may be symptoms of mimic intoxication.

A California DUI defense lawyer will investigate the specific circumstances surrounding your traffic stop and DUI charge to identify the strongest defenses in your case.

Chemical Tests and DUI Arrests

California law requires drivers suspected of DUI to submit to chemical testing to detect the presence of drugs or determine BAC. These tests typically include:

Breath tests: A breathalyzer analyzes a person’s breath to measure BAC. These breath tests are commonly used during roadside stops.
Blood tests: Blood tests are more accurate than breath tests and can detect drugs and alcohol in a person’s system. These tests are often used if drug impairment is suspected.
Urine tests: Urine tests are the least common but may be used in cases where blood or breath tests are unavailable.

Refusing a chemical test can result in automatic license suspension and enhanced penalties under California’s implied consent law. A first-time refusal may lead to a one-year license suspension, with longer suspensions for repeat offenders.

Have You Been Charged With DUI? Contact a Redwood City DUI Lawyer Today

The terms “DWI” and “DUI” are often confused, but California only recognizes DUI as the official charge for driving while impaired by alcohol, drugs, or other substances. If you are arrested for impaired driving, you may be facing a DUI charge. The penalties if convicted can be severe, including fines, jail time, and suspension of your driver’s license. Consulting with an experienced Redwood City DUI attorney can help protect your rights if you or a loved one has been charged. Schedule a consultation today to discuss defenses that may be available in your case.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500