Blair Defense Criminal Lawyers | December 12, 2024 | DUI

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

The most common terms that states use to refer to drunk driving are DWI and DUI. The term DUI means driving under the influence. Some states use the term DWI, which stands for driving while intoxicated. However, California law doesn’t make a distinction between the two, and California courts generally prefer to use the term DUI to describe driving while impaired by alcohol or drugs. If you’re facing DUI charges, consulting a San Diego DUI attorney can help you understand your rights and navigate the legal process.

Overview of Driving Under the Influence in California

California’s primary drunk driving law is in California Vehicle Code §23152. It is illegal to operate a motor vehicle if you are under the influence of alcohol or if you have a BAC above the legal limit of 0.08 BAC. The statute also makes it illegal to operate a motor vehicle under the influence of drugs.

California drunk driving laws set a lower limit for some drivers. For example, the legal limit for a commercial truck driver is 0.04 BAC. Passenger-for-hire drivers, including those who operate limos, taxis, and rideshares, also have a legal limit of 0.04 BAC.

Underage drivers and people on probation have a zero-tolerance policy for drunk driving. They can be arrested for DUI if they have any measurable amount of alcohol in their system when they are stopped for being suspected of driving under the influence.

When a driver has a BAC above the legal limit, it is referred to as Per Se DUI. The state presumes that the alcohol impairs a person with a BAC above 0.08 in their system from operating a motor vehicle safely. Proving that a driver has a BAC above 0.08 may be sufficient for a DUI conviction.

You can be charged with DUI if you have alcohol in your system, regardless of whether the BAC is above or below the legal limit. However, the state must prove that the amount of alcohol in your system impairs your ability to drive.

Proving a DUI can be more challenging because there is no presumption you were impaired as with a Per Se DUI charge. The prosecutor must use evidence such as the testimony from the officer, eyewitness testimony, and dash cam/police cam video to prove that you were impaired.

Signs of impairment can include, but are not limited to:

  • Slurred speech
  • Decreased alertness
  • Overly friendly
  • Red, bloodshot eyes
  • A strong smell of alcohol
  • Seating
  • Lack of eye focus
  • Fumbling to find documentation or a driver’s license
  • Bumping into things
  • Lack of coordination
  • Stumbling and/or falling

An officer will ask a driver to take the Field Sobriety Tests (FSTs) to determine whether they are impaired. The officer will then observe the driver’s behavior and the FST results to determine if there is probable cause to arrest the driver for driving under the influence.

What Are the Penalties for DUI in California?

DUI charges can result in severe penalties based on your criminal history and the facts of the case. Aggravating factors and prior DUIs can increase the penalties for a DUI conviction.

A first-time DUI offense in California could result in jail time and fines, depending on the circumstances. Therefore, it is always wise to consult a DUI defense attorney about a drunk driving charge before pleading guilty or accepting a plea deal.

Potential penalties for a DUI conviction could include:

  • Incarceration in county jail or prison
  • Suspension or revocation of your driver’s license
  • Fines and assessments ranging from $390 to $1,000
  • Three to five years of DUI probation
  • Attending a DUI education program for up to 30 months
  • Installation of an ignition interlock device
  • DUI probation, community service, and other DUI programs

A DUI offense may be charged as a felony or a misdemeanor. If you have a current drunk driving charge, and there is a DUI conviction on your record that is less than ten years old, your punishment will be increased.

Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help

For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 483-2227, or visit our convenient location:

Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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