What is the Difference Between a DUI and a DWI?

DWI and DUI are often used interchangeably to describe a motorist operating a vehicle while under the influence of drugs or alcohol. The laws regarding driving under the influence differ in every state and each state uses its own terminology. In California, DWI and DUI mean the same thing. DWI is an abbreviation for driving while intoxicated, and DUI stands for driving under the influence.

DUI and DWI Charges in California 

When a driver is charged for driving under the influence of alcohol, it can fall under one of many different vehicle codes related to impaired driving, such as:

• Commercial CDL DUI – 23152(d) VC
• DUI with Minor Passenger – 23572 VC
• Probation DUI – 23154 VC
• Injury DUI – 23153 VC
• DUI High BAC – 23578 VC
• DUI per se (over 0.08% BAC) – 23152(b) VC
• Driver for Hire DUI – 23152(e) VC
• Drug and Alcohol DUI – 23152(g) VC
• Drug DUI – 23152(f) VC
• DUI – 23152(a) VC
• Under 21 DUI – 23140 VC
• Zero-Tolerance Underage Drinking – 23136 VC

California Vehicle Code Section 23152(a)

California Vehicle Code Section 23152(a), makes it unlawful for a motorist to operate a motor vehicle if they are under the influence of any amount of alcohol. Cases where California Vehicle Code Section 23152(a) may apply include instances in which the motorist is suspected to be under the influence of both drugs and alcohol or the influence of drugs, the prosecutor does not have the charged party’s DUI test results, or the motorist’s blood alcohol content is just under the legal limit.

California Vehicle Code Section 23152(b)

California Vehicle Code Section 23152(b), makes it illegal for a motorist with a BAC of 0.08% to operate a motor vehicle. Even if the motorist has been obeying all traffic laws, they can still be charged with driving under the influence if their blood alcohol content is over the legal limit.

Can You Get a DUI with Blood Alcohol Content that is Under 0.08%?

A DUI charge involves a motorist who has a blood alcohol content (BAC) of 0.08% or higher. However, a driver can still be charged with a DUI if they have a BAC that’s below the legal limit. A commercial driver with a BAC of 0.04% or higher can be arrested for a CDL DUI. Drivers that are under the age of twenty-one can be charged with a DUI, if they have a blood alcohol content of 0.01% or higher.

DUIs that involve drugs and alcohol or drugs don’t require a minimum level of alcohol, since the effects of the drugs can be enough to impair the driver’s ability to operate a motor vehicle safely.

Should I Hire a Drunk Driving Accident Lawyer?

If you were involved in an auto accident that was caused by an intoxicated driver, contact a drunk driving accident lawyer at MVP Accident Attorneys as soon as possible. An experienced member of our legal team can build a strong case that will hold the negligent motorist responsible for your medical bills, vehicle damage, lost wages, and other accident-related losses. At MVP Accident Attorneys, we understand how devastating the aftermath of a drunk driving accident can be and we want to help you hold the intoxicated driver responsible for their negligence and the harm they have caused.

Contact Us Today 

If you were injured in an auto accident that was caused by an intoxicated driver, contact a drunk driving accident lawyer at MVP Accident Attorneys today to schedule a free legal consultation. A drunk driving accident lawyer on our legal team can help you fight for the fair settlement you deserve for an accident that was caused by a negligent, intoxicated driver.