Yes, "DWI" and "DUI" describe the same conduct, driving while impaired by alcohol, drugs, or both, but California's statutes never use the word "DWI." The Vehicle Code calls it driving "under the influence" in Vehicle Code 23152 and 23153, so your citation, your DMV paperwork, and a California lawyer will all say DUI, even if you searched for DWI.

What does "DWI" mean, and is it used in California law?

"DWI" stands for driving while intoxicated or driving while impaired, a term some other states use in their own impaired driving statutes, but no current California statute uses it.

California's Legislature used different wording when it wrote the state's impaired driving law. The statute that defines the offense, Vehicle Code 23152, and the related injury offense, Vehicle Code 23153, both use the phrase "under the influence." If you are charged in California, the charging document, the DMV paperwork, and your lawyer will all refer to the offense as DUI, not DWI.

What is DUI under California law?

DUI means driving under the influence of alcohol, drugs, or both, defined across seven separate subdivisions of Vehicle Code 23152, plus a related injury offense in Vehicle Code 23153.

Vehicle Code 23152 makes it unlawful to drive "under the influence of any alcoholic beverage" under subdivision (a), with "0.08 percent or more, by weight, of alcohol" in the blood under subdivision (b), or "under the influence of any drug" under subdivision (f), among its other subdivisions. There is no blood alcohol number for the drug subdivisions; the question is whether the drug affected the driver's nervous system, brain, or muscles enough to impair safe driving. Vehicle Code 23153 is the separate offense that applies when an impaired driver also does an act the law forbids, or neglects a duty the law imposes, and that act or neglect proximately causes bodily injury to someone other than the driver.

If "DWI" and "DUI" mean the same thing, does the word you use matter?

The words describe the same underlying conduct, but California's Vehicle Code says "under the influence," and the DMV calls the offense "Driving Under the Influence (DUI)."

Using the wrong term does not change the law that applies to your case, but it can affect your search for information or representation. Searching only for "DWI lawyer California" may cause you to miss pages, court forms, and lawyers that correctly use "DUI," since that is the word California's courts, the DMV, and the Vehicle Code actually use. Using "DUI" when you call a California lawyer or look up your own case will usually get you to the right information faster.

Can an out-of-state DWI affect a new DUI case in California?

Yes. An out-of-state conviction for conduct that would violate Vehicle Code 23152 or 23153 counts as a prior DUI conviction in California, whatever the other state called it.

Vehicle Code 23626 states that a conviction in any other state, United States territory, the District of Columbia, Puerto Rico, or Canada that, if committed in California, "would be a violation of Section 23152 or 23153" of the Vehicle Code "is a conviction of Section 23152 or 23153 of this code... for the purposes of this code." That means an earlier out-of-state DWI conviction can count as a prior, under the same 10-year rule as a California conviction, when California decides whether a new DUI is charged as a second, third, or later offense, even though the other state's own paperwork never used the word "DUI." The reverse situation, a new California DUI reaching your driving record in your home state, is a separate question covered in the firm's explainer on out-of-state drivers and California DMV DUI records.

Is a DUI always a misdemeanor in California?

No. A first, second, or third DUI without injury is usually a misdemeanor, but repeat offenses, an injury, or certain earlier convictions can make a new DUI a felony.

A fourth DUI within 10 years, a DUI within 10 years of an earlier felony DUI conviction, and a first DUI that injures someone can each be charged as a felony or a misdemeanor, under Vehicle Code 23550, 23550.5(a), and 23554. A DUI following certain earlier vehicular manslaughter convictions can be charged as a felony with no 10-year time limit, under Vehicle Code 23550.5(b). A DUI that injures someone and follows two or more qualifying prior convictions within 10 years is a straight felony under Vehicle Code 23566(a), with no misdemeanor option.

Frequently asked questions

Is "drunk driving" the same charge as a DUI in California?

"Drunk driving" is common shorthand, not a separate legal charge. California prosecutes impaired driving as DUI under Vehicle Code 23152 or 23153, whether alcohol, drugs, or both caused the impairment.

Not necessarily, but it is worth asking your lawyer about. The charge actually filed in a California court will still be a DUI under Vehicle Code 23152 or 23153, regardless of a label that appeared on an earlier form or report.

Does "DUI" always mean alcohol was involved?

No. Vehicle Code 23152 covers alcohol, drugs, or a combination of the two in separate subdivisions, and the drug subdivisions carry no blood alcohol number at all.

Is a "wet reckless" the same thing as a DUI?

No. A wet reckless is a reckless driving conviction under Vehicle Code 23103, taken in place of a DUI charge, with the prosecutor stating on the record that alcohol or drugs were involved. It still counts as a prior DUI for 10 years under Vehicle Code 23103.5(c).

Does the term I search change which lawyer I should call?

No. Searching "DWI lawyer" or "DUI lawyer" in California should lead to the same kind of help, since both terms describe the same offense under Vehicle Code 23152 and 23153.

Is DUI the only impaired driving offense in the Vehicle Code?

No. Vehicle Code 23140(a) is a separate offense for drivers under 21 with a blood alcohol level of 0.05 percent or more, and Vehicle Code 23103.5 governs the reckless driving plea described above. Both are related to, but separate from, the main DUI offenses in Vehicle Code 23152 and 23153.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free, confidential consultation, is available 24/7, and discusses fees and payment plans before you agree to representation. Se habla español. Call (800) 755-5174 or use the contact page to talk through whichever term led you here, DWI or DUI.