DWI is a term used as well as or instead of DUI. The two terms stand for two slightly different legal concepts: driving while intoxicated (DWI) and driving under the influence (DUI).
DWI is essentially the same thing as DUI, Driving Under the Influence. The state of California uses the term “DUI” exclusively. Both terms refer to driving while impaired by some kind of substance, either alcohol or drugs.
A Los Angeles DUI lawyer can explain more about what DWI is and how a conviction can affect you. They can also build your defense and work toward a favorable outcome, whether it is a reduced sentence or a dismissal of your charges.
An image of scales in shadow with a DWI stamp. What is DWI in California? It’s the same as DUI.
What Is the Difference Between a DWI and a DUI?
Most states use the two terms to mean the same thing. But some states use them slightly differently. In those states, DUI and DWI are two different criminal charges. Under that system, DWI is the more serious charge, and it carries heavier penalties.
This is because it takes a higher burden of proof to show that a driver was definitely impaired (“Driving While Intoxicated”) than it does to simply show they had alcohol in their system (“Driving Under the Influence”). However, most states have moved away from this system.
Which Term, DWI or DUI, Is Used in California?
In California, the courts only officially use the term “DUI.” If you’re arrested for DUI, you can be convicted because the court proves you had a high blood alcohol level or because the court shows evidence that you were impaired. Either is enough to convict you, and the penalties are the same either way.
However, you will still see some law offices and resources refer to DWI because so many people are familiar with it. People moving in from out-of-state may be used to the term DWI. As long as you’re in California, you can treat the terms as synonyms.
How Much Alcohol Do You Have to Drink to Be Charged With DWI?
California Vehicle Code 23152 states that if you have 0.08% or higher blood alcohol concentration (BAC), then you are considered DUI regardless of other factors. If you have less than that, you could still be charged if your driving shows impairment, like weaving across lines or going the wrong way on one-way roads.
How much alcohol you need to become DUI depends on your weight, your gender, your sensitivity to alcohol, the kind of alcohol you’re drinking, and how long it’s been between drinks. For most people, three drinks are enough to make you DUI or DWI. The only way to reduce your level of intoxication is to wait long enough.
If You Received DWI in Another State, Will It Count in California?
California treats DWI and DUI to be the same charge, so any out-of-state penalty for DWI will be considered as having a DUI here. You will need to speak to the California Department of Motor Vehicles (DMV) about what to do to reinstate your license if you need to.
How Long Can You Go to Jail for a DUI or a DWI?
The potential jail time someone faces for a DUI (driving under the influence) or DWI (driving while impaired/intoxicated) conviction in California depends on several factors – primarily whether it’s a misdemeanor or felony offense and if it’s a repeated offense within a ten-year period. Here are the general jail term ranges:
- Misdemeanor DWI or DUI for a first offense: Up to 6 months in county jail
- Misdemeanor DWI or DUI for a second offense: 96 hours to one year in county jail
- Misdemeanor DWI or DUI for a third offense: 120 days to one year in county jail
- Misdemeanor DWI or DUI for a fourth offense: 180 days to one year in county jail
- Felony DWI or DUI for a fourth offense causing injury: 16 months, two years, or four years in state prison
The judge has discretion to sentence anywhere within those ranges based on the specific circumstances of the case and a defendant’s criminal history. Aggravating factors like excessive blood alcohol levels, reckless driving, or a child passenger can also increase potential jail sentences.
First-time misdemeanor offenders may be granted probation in lieu of jail time, especially if there was no accident or higher recorded BAC. However, repeat offenses make straight probation much less likely.
Additional Consequences of a DUI or DWI
It’s important to note that these are just the base jail terms. DUI convictions also bring additional penalties like fines, license suspension/revocation, required DUI school, and ignition interlock devices (IID) on vehicles.
A California DUI defense lawyer can often negotiate to reduce charges or secure a sentence at the lower end of the range, especially for first-time offenses. They evaluate all factors like BAC levels, traffic stop details, and field sobriety test procedures to leverage the best possible plea deal or fight for an outright dismissal where possible.
However, with charges as serious as felony DUI causing injury that can land you in state prison for years, having a DUI attorney providing legal defense from the start is absolutely crucial to avoid maximum jail sentences that can derail your life. The risks are simply too high to take these charges lightly in California.
What to Do if You Are Charged With DWI
If you have been charged with a DWI, a Los Angeles DUI attorney can help. They can explore defense strategies to help minimize your sentence or get your charges entirely dismissed.
You can take advantage of a FREE consultation to explore your legal options. Fill out the form to the right or contact us and get your free, confidential consultation today. Your freedom and driving privileges may depend on it!
