Driving is not a right but a privilege. Therefore, if a driver does not obey state and federal laws regarding road safety, they can lose their driver’s license. In addition to the legal consequences, there are additional challenges a driver may face if they are charged with a crime, especially if that charge involves impaired driving.
While many people use the terms interchangeably, understanding the nuances of DWI vs DUI is essential for anyone navigating the legal system. This article breaks down the definitions, key differences, and consequences surrounding a DUI and DWI charge.
What is the technical difference between a DUI and a DWI?
DUI stands for Driving Under the Influence and falls under the Vehicle Code Section 23152. “Under the influence” refers to alcohol and/or drugs. Drugs include prescription, over-the-counter, and illegal drugs.
DWI stands for Driving While Intoxicated or Driving While Impaired. This charge typically refers to driving after consuming alcohol. A Blood Alcohol Content (BAC) test will determine the amount of alcohol in the driver’s system at the time of the arrest. If the BAC is 0.08% or more, the driver will be charged with a DUI or DWI because 0.08% is the legal limit.
A driver can be charged with a DUI or DWI for operating a vehicle in a manner that is unsafe for himself and others.
For example, if a driver is driving while impaired and hits a tree, the driver broke the law even though he did not harm another person.
Which is worse DUI or DWI
It depends because some states treat these terms as separate offenses while others consider these terms to be interchangeable. In California, a DUI and a DWI are considered to be the same offense. Therefore, the penalty for these offenses is the same.
The penalty for a DUI when treated as a misdemeanor offense is probation as well as a fine. In some circumstances, the driver may also receive jail time – up to a year. In addition, the judge can suspend the driver’s license and/or require the completion of community service.
If the DUI is treated as a felony offense, the penalty is a fine as well as a prison sentence of up to five years.
The DMV Administrative Per Se (APS) Hearing
One of the most misunderstood aspects of DWI vs DUI in California is that you actually face two separate “battles”: one in criminal court and one with the Department of Motor Vehicles (DMV). When you are arrested, the officer will usually confiscate your plastic driver’s license and issue a pink temporary paper.
You only have 10 days from the date of your arrest to request an Administrative Per Se hearing. If you fail to do this, your license will be automatically suspended after 30 days, regardless of what happens in your court case. This hearing is strictly about your driving privilege. An experienced attorney can use this hearing to cross-examine the arresting officer and review the maintenance records of the breathalyzer machine, which can sometimes reveal flaws that help your criminal case as well.
The Impact of “Priorability” over 10 Years
In California, DUIs are “priorable” offenses. This means that the penalties escalate dramatically with every subsequent conviction within a 10-year look-back period. While a first-time offense might result in probation and fines, a second or third offense within that decade often carries mandatory jail time, longer high-level sobriety programs (AB-541 or SB-38), and a multi-year license revocation.
Even if your first charge was a “Wet Reckless” (a common plea bargain from a DUI), it still counts as a prior offense if you are arrested again. This 10-year window is why many drivers seek expungement; however, it is important to note that while an expungement helps with employment, the “prior” remains on your record for sentencing purposes if you face a new charge within that timeframe.
Consequences for Professional Licenses and Career
Beyond insurance rates, a conviction can jeopardize your professional standing. In California, many professionals—including nurses, doctors, teachers, and real estate agents—are required to report any criminal conviction to their respective licensing boards.
A DUI can lead to a “Statement of Issues” or an accusation from a board like the California Board of Registered Nursing (BRN). They may place your license on probation or, in severe cases, revoke it entirely. For those in the transportation industry, such as CDL holders, a single DUI conviction can result in a one-year suspension of their commercial driving privileges, which often leads to immediate termination of employment.
Indirect Financial Costs: The “Hidden” Fees
The financial burden of a DUI goes far beyond the court fine. When you factor in the cost of an Ignition Interlock Device (IID) installation, monthly monitoring fees, the mandatory DUI school enrollment fees (which can range from $600 to $3,000), and the DMV reissue fees, the total cost of a first-time offense often exceeds $10,000 to $15,000. Taking proactive legal steps early on is the only way to potentially mitigate these life-altering costs.
Am I required to tell my car insurance provider that I was convicted of a DUI?
In California, you are not required to tell your car insurance provider that you were convicted of a DUI. However, when it’s time to renew the policy, the provider can change the terms of the policy as a result of the DUI conviction. The provider can learn about the DUI because it will be made public after the conviction.
How Much Do Car Insurance Rates Go Up After a DUI
When a driver is charged with a DUI, their car insurance provider will treat them differently. And with good reason – the driver is now considered to be a riskier client because they got behind the wheel while intoxicated. If the driver were to get into an accident as a result of being intoxicated, the insurance provider would need to pay for any damages incurred. For this reason, a driver’s car insurance rates will increase as a result of a DUI conviction.
In California, a driver’s car insurance rate could increase by more than 100% (between 135%-185%) as a result of a DUI conviction. The exact percentage is determined by the driver’s insurance provider.
How Long Does a DUI Stay on Your Insurance Record
In California, a driver can expect their DUI conviction to stay on their insurance record for up to 10 years. California is one of the toughest states on drivers with DUI convictions.
Other Consequences of a DUI
- Some drivers are not permitted to drive after being charged with a DUI because of a license suspension. As a result, the ex-driver will need to find other methods of transportation.
- If the driver is permitted to drive, they may be required to install a device that will measure the amount of alcohol or drugs on the driver’s breath. This device is costly and inconvenient to use.
- A judge may sentence a driver to do community service for a certain amount of hours. Completing these service hours will take time away from other activities and obligations.
Note: With every subsequent DUI conviction, the harder it will be to get a low car insurance rate in addition to the increase in the penalty directed by the court.
In Sum: California treats a DUI seriously under the law. There are both legal and social consequences after one is convicted of a DUI. Both penalties come with a financial aspect attached to them.
Need Help?
Hiring a lawyer is the best way to protect yourself from a DUI conviction. The Law Office of David L. Faulkner can help you avoid the consequences of this serious offense. We’ll ensure proper handling of your case in court. Contact us today to discuss how we can help you if you’re arrested for driving under the influence.
