Key Differences Between DUI and DWI
Drivers charged with driving under the influence (DUI) face severe criminal penalties in California. The laws concerning DUI violations are different in every state. Some states uphold specific laws regarding Driving while impaired (DWI), a separate charge similar to DUI that typically indicates intoxication with a drug other than alcohol or severe impairment.
In California, state prosecutors use the term DUI almost exclusively and consider DWI and DUI functionally identical. However, it is still essential for all California drivers to understand the implications of a DUI or DWI conviction and how out-of-state DWI convictions can potentially complicate a DUI case in California.
The Legal Definition of DUI in California
California state law defines DUI as the operation of any motor vehicle while under the influence of alcohol or drugs. Typically, the standard of proof for charging an arrested driver with DUI is a chemical test that reveals a blood-alcohol concentration (BAC) of .08% or higher. However, the term DWI can apply in situations when testing is not as clear as establishing BAC. For example, if someone is under the influence of marijuana or cocaine, these substances can strongly impact their overall driving ability. However, chemical tests for these substances only detect the presence of the drug in a person’s system. They do not establish how impaired the person is from the substance.
The state of California recently legalized recreational marijuana for adults, but the state still forbids the operation of a motor vehicle while under the influence of marijuana. This can lead to some difficult legal situations due to how marijuana affects the human body and the testing measures used to determine impairment from marijuana consumption. Marijuana is detectable in the human body for up to a month after consumption, sometimes longer for daily or frequent users. This means that if a driver is pulled over for suspected DWI and is compelled to submit a chemical test sample, the test results may report they had marijuana in their system. This could happen even though they were not experiencing any effects of the drug at the time of the arrest.
This is just one example of how drug testing can be a very complex aspect of California’s DUI laws. When it comes to driving under the influence of alcohol, the law is much clearer. The severity of the offense depends on the detected BAC of the driver following a lawful arrest for DUI. Anything greater than .08% will likely result in a conviction for DUI. However, if the driver had a BAC of .16% or higher, it’s possible for them to face more extreme penalties than a standard DUI conviction typically permits.
Potential DUI/DWI Penalties in California
The California Vehicle Code includes several sections that outline all the potential charges a driver can face when they choose to operate a motor vehicle under the influence of alcohol or other drugs. For example, there are separate California Vehicle Code Sections for driving under the influence of alcohol, driving under the influence of drugs, and driving under the influence of both alcohol and drugs.
Any driver charged with DUI must understand the role the California Department of Motor Vehicles plays in their legal proceedings. For example, if a driver’s chemical test reveals a BAC of .08% or higher, the DMV will automatically issue an administrative suspension of the driver’s California driver’s license. However, if the driver was arrested under the influence of drugs and their chemical test does not report a detectable BAC level, the DMV will not issue an administrative suspension. This does not mean that DWI with drugs will not lead to license suspension. A conviction will likely lead to driver’s license suspension, but the convicted driver will not need to contend with the DMV to contest the administrative suspension applied to their license.
Penalties for DUI in California increase with multiple offenses committed within a ten-year period. These penalties include fines, jail time, mandatory drug and alcohol counseling, and mandatory driver safety courses. The financial toll of a DUI conviction in California can be substantial. Not only must the convicted driver pay fines that can amount to hundreds or thousands of dollars, but they will also face penalty assessments depending on the severity of the offense. If they must complete driver safety and/or alcohol and drug counseling, the driver must pay for these programs out of their own pocket.
Adding the cost of criminal defense representation can mean a DUI charge ultimately costs the offending driver thousands of dollars. They will also face driver’s license suspension and difficulty obtaining employment due to their criminal record.
Out of State DWI and Your California Driving Record
The penalties for DUI in California escalate with multiple convictions. This can include convictions from another state if the driver recently moved to California. A California prosecutor will seek out the driver’s criminal records from their previous states of residence. Any previous DUI or DWI convictions will influence the current case as if they occurred in California. Typically, all a state prosecutor needs to prove up a prior conviction is a certified court record from the state court that handled the previous conviction process.
It is sometimes possible for a driver facing a DUI charge in California to contest the prosecution’s use of their out-of-state prior convictions, but only under certain circumstances. Ultimately, if the defendant has any record of a previous DUI conviction from any state within ten years, it could have a larger impact. The penalties for their current conviction will increase according to the laws of the California Vehicle Code.
Are a DUI and a DWI the Same Thing?
California lawmakers and prosecutors typically consider the terms DUI and DWI interchangeable. However, there are several questions surrounding the legal implications of these terms. For example, many consider DWI to imply driving while impaired by a substance other than alcohol, which is not measurable using a system like BAC testing. DWI and DUI can also carry different legal considerations when a California DUI case involves DWI charges from out of state.
If you or a loved one are charged with DUI in California without any record of past DWI convictions in another state, there is little to no reason to worry about any potential differences between DUI and DWI. California prosecutors tend to exclusively use “DUI” as their preferred terminology when handling these cases.
Defending Against a DUI/DWI Charge
If you must defend yourself against a DUI charge, whether it involves alcohol, drugs, or both, it is vital to have reliable criminal defense representation from an experienced lawyer. Typically, there are two main defenses against a DUI charge in California: challenging the validity of the prosecution’s evidence or citing due process violations during the arrest process.
An experienced defense attorney will start their client’s representation by determining whether case dismissal is possible. If the police violated their client’s rights in any way, such as failure to read them their Miranda rights upon arrest or failure to establish probable cause to conduct a lawful arrest for DUI, the attorney may succeed in having their client’s case dismissed entirely. If this is not an option, the attorney will likely move to challenge the prosecution’s evidence.
Your attorney may call the circumstances of your chemical test into question. They may argue that the test was administered improperly or at an unacceptable location, or they may challenge the facility responsible for handling and processing the test results.
The first steps you take during and after arrest for DUI are crucial if you intend to fight your charges. First, remember your Constitutional right to legal counsel and your right to remain silent. Take full advantage of these rights and consult with a defense attorney as soon as possible. Your legal team will evaluate the circumstances of your arrest and determine the weight of the charges against you. Once your legal counsel has a firm understanding of your situation, they can advise you of the best next steps to take as you await arraignment and your pre-trial hearing.
DWI/DUI Records and Multiple Convictions
A DUI conviction in California or a DWI from another state will remain on a driver’s record for ten years. If the driver commits another DUI violation within this ten-year period, their prior conviction will increase the severity of their punishment for the second conviction. As far as California law is concerned, a DWI from another state will carry the same legal weight as a prior DUI conviction in California.
California may consider DUI and DWI as the same offense, and the state tends to prefer DUI terminology when handling these cases. If you have a record of a DWI conviction from another state on your record, you should expect that conviction to influence your current case the same way as a prior DUI conviction in California. If you or a loved one are arrested for DUI in California and are concerned about a past DWI conviction from a different state, call our firm. You need to secure legal representation from a California DUI defense attorney as soon as possible.
Your attorney can review your prior conviction and help you understand how your record is likely to affect your current case. At the Law Offices of Kathleen G. Alvarado, we have extensive experience representing clients with multiple DUI convictions. If you are ready to speak with a reliable defense attorney about your current situation, contact us today and schedule a consultation with our team.