Click here to fight your California traffic ticket.

DUI and DWI refer to driving while impaired, either by alcohol or drugs. But what exactly is the difference between the two? 

Do they carry the same penalties and is one more severe than the other? 

Keep on reading to find out more about intoxicated driving rules and regulations in California. 

What Is the Difference Between DUI and DWI?

DUI is an acronym for “driving under the influence” and DWI stands for “driving while intoxicated.” 

In California, DUI and DWI are used interchangeably to refer to all types of impaired driving. This means that if you’re arrested for DUI, you can be convicted either for having a high blood alcohol level or because you were intoxicated. California Vehicle Code Section 23152-23229.1 on intoxicated driving does not mention either of the two terms. 

Methods for testing driver impairment

There are two different ways in which California police officers test driver impairment: observation and field sobriety tests and breathalyzer. 

Field sobriety test

An officer may observe driving behavior and look for any suspicious driving patterns such as hesitating to pass through a green light, weaving from lane to lane, driving very slowly, or speeding. In addition, the officer will also make observations of the driver’s behavior and physical characteristics like red or bloodshot eyes, dilated pupils, the smell of alcohol, and slurred speech.

If the police officer believes that you are driving while intoxicated, he or she may ask you to perform a field sobriety test in order to check your mental and motor skills. The most common field sobriety tests used in California include:

• Following a moving object with your eyes while keeping your head still
• Walking a straight line, turn, and walk back
• Standing on one leg with your arms to your sides.

These tests are entirely based on the judgment of the officer.

Breathalyzer 

The officer may also check the blood alcohol content using a breathalyzer, an electronic device that measures the breath alcohol content to determine whether it is above the legal limit. 

California implied consent law

Like many other states, California has the implied consent law. This law requires all drivers to submit to a breath or blood test to determine blood alcohol concentration when they are lawfully arrested for driving under the influence. If you refuse to take the test, you could have your driver’s license immediately suspended.

It is important to note, however, that this law only applies to breath tests that are done after a DUI arrest. In other words, you can refuse to take a preliminary alcohol screening (PAS) breath test before an arrest takes place.

The penalties for violating the implied consent law include:

• Increased fines in addition to the standard penalties, and
• A mandatory driver’s license suspension regardless of the outcome of your case.

If you have been convicted of a DUI in the past and refuse to submit to a breathalyzer test, you could be sentenced to jail.

Which Is More Severe, DUI or DWI? 

In states that differentiate between DUI and DWI, a DWI conviction is typically more severe because it implies higher levels of intoxication. However, in California there is no difference between the two terms and the consequences and penalties are the same. 

Blood Alcohol Concentration (BAC) Limits in California

In the State of California, it is illegal to operate a vehicle with a blood alcohol concentration over:

• 0.08% if the person is 21 years old or older
• 0.01% if the person is under 21 years old
• 0.01% if the person is on a DUI probation
• 0.04% in any vehicle requiring a commercial driver’s license (CDL)
• 0.04% when there is a paying passenger in the vehicle at the time of the offense.

Can I be charged with DUI with a BAC below California’s legal limit?

Yes. You can be found guilty of driving under the influence even if your BAC is under the legal limit if you are not able to drive as well as a sober person under similar circumstances. 

Penalties for DUI in California

In California, driving under the influence is considered a misdemeanor. However, DUI offenses can also be charged as a felony if they involve aggravating factors, such as:

• Having three prior DUI convictions within the last ten years
• Causing serious injuries or death of another person while driving under the influence
• Being previously convicted of felony DUI. 

The consequences of a first-time DUI conviction without injuries under California law include:

• Between 48 hours and 6 months in jail
• Probation with no mandatory jail time in some counties
• Fines between $390 and $1,000
• A six-month driver’s license suspension
• Driver’s license revocation
• DUI school between 3 and 9 months
• Impounded vehicle
• Installation of an ignition interlock device for 6 months
• Work release program in some counties
• Attending a victim impact panel (VIP)
• Increased auto insurance premium rates.

Penalties become harsher if you get convicted of a subsequent DUI.

Reducing a DUI charge

In some cases, a DUI charge can be reduced to a wet reckless driving charge. Wet reckless driving is a serious offense, but it carries less severe penalties than a DUI and the court will look at it more favorably than a DUI conviction. 

Advantages of a wet reckless over a DUI conviction include:

• Lower fines
• A shorter jail sentence
• A shorter period of probation 
• A shorter DUI school
• No mandatory driver’s license suspension
• No mandatory installation of a California ignition interlock device
• No DUI on your criminal record.

License suspension

California drivers who are convicted of a DUI face driver’s license suspension. The suspension period depends on whether this is your first-time or a repeat offense and are as follows:

• Six months for the first offense
• Two years for the second offense
• Three years for the third offense.

After a DUI arrest, the officer will confiscate your driver’s license and issue a temporary license which is valid for 30 days. The original license will be returned to the California Department of Motor Vehicles (DMV).

You have 10 days to request a hearing to challenge the suspension. During this time, the DMV will put a temporary hold on your license suspension. If no hearing is requested, the DMV will automatically suspend your driver’s license.

How Long Will a DUI Remain on My Record?

Your California DUI will go on two separate records: your driving record and your criminal record. 

Driving record

A DUI conviction will stay on your driving record and count as a prior conviction for a period of 10 years. This period counts from the day that you were arrested and not the date that you were convicted or plead guilty to the charge. 

It is not possible to have a DUI taken off of your driving record early. It is automatically removed by the California DMV once the suspension period has ended.

Criminal record

Your DUI conviction, whether it is a felony or a misdemeanor offense, will stay on your criminal record permanently. However, if you have served all penalties, your sentence did not include prison, and you are not currently facing any other criminal charges, you may qualify for expungement of your DUI conviction.

How To Reinstate My Licence After a DUI?

To reinstate your license, you first need to complete the imposed suspension period. Once the suspension period is over, you can apply for reinstatement at your local DMV field office. Here are the requirements: 

• You must have valid auto insurance and purchase SR-22 insurance (Proof of Financial Responsibility). Your insurer needs to submit an SR-22 form to the California DMV to confirm that your insurance policy meets minimum liability requirements. 
• You must provide evidence of completing any DUI or substance abuse courses ordered by the court. Depending on your BAC, you will have to complete either a three-month or nine-month program.
• You must have all your criminal charges resolved.
• You need to pay the $14 license reinstatement fee. Payment can be done either in person, by mail, over the phone, or online through the California DMV website. 
• You also have to pay a $55 DMV license reissue fee. 

Restricted driver’s license

If you were convicted of a first-time DUI and voluntarily gave a breath or blood test to law enforcement, you may be eligible to obtain a restricted driver’s license. This license will allow you to drive to and from work, school, the DUI program, or medical appointments for the duration of your license suspension. A restricted license cannot be used for any other purposes. 

A restricted driver’s license requires the driver to use an ignition interlock device (IID), also known as a car breathalyzer. This device prevents you from starting a vehicle until you take a breath alcohol test.

To apply for a restricted California driver’s license you need to visit your local DMV field office. You will be asked to provide Proof of Enrollment Certificate (Form DL-107) in a DUI First Offender Program, Proof of Financial Responsibility (SR22 insurance), and pay a $125 restricted license fee.