Understanding the nuances of a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) can make a critical difference if you’re facing criminal charges in Southern California. While these terms are sometimes used interchangeably in casual conversation, the legal implications, especially under California law, are more specific and carry distinct consequences.

We can help you understand the legal differences, how they apply under California law, the consequences of each, and why skilled legal representation is essential when facing these types of charges.

What is the Difference Between a DUI and a DWI in California?

In California, the legal system primarily uses the term DUI to describe impaired driving offenses. Unlike other states, such as Texas or New York, that draw a clear distinction between DUI and DWI, California does not formally use the term DWI in its statutes.

A DUI under California law refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. This includes both legal and illegal substances, including prescription medication that impairs driving ability.

The Law Office of Sheny Gutierrez works with individuals across Southern California to ensure that every aspect of a DUI charge is thoroughly evaluated under the applicable laws and guidelines.

How Do Out-of-State DWI Convictions Impact California DUI Cases?

If you’ve been convicted of a DWI in another state and are later charged with a DUI in California, the prior conviction could significantly influence your current case.

California participates in the Interstate Driver License Compact (IDLC), an agreement among most U.S. states to share driving records and convictions. If your out-of-state DWI offense is equivalent to a DUI under California law, it could count as a prior offense, increasing penalties for your new charge.

The California DMV may also suspend your driver’s license based on the out-of-state conviction, especially if you’ve failed to satisfy court-ordered conditions in the other state.

Which California Vehicle Code Sections Apply to DUI Cases?

The primary statutes governing DUI cases in California are found under the California Vehicle Code:

For commercial drivers, stricter standards apply, and drivers under 21 are subject to zero-tolerance policies under Vehicle Code § 23136.

How Do DUI Charges Fall Under the California Penal Code?

While the Vehicle Code defines the offense, DUI cases often trigger broader criminal consequences governed by the California Penal Code. For example:

  • Penal Code § 23536 – Covers penalties for a first-time DUI conviction, including fines, license suspension, and mandatory DUI school.
  • Penal Code § 23540 – Governs sentencing for second-time DUI offenses within ten years.
  • Penal Code § 191.5 – Applies to vehicular manslaughter while intoxicated, which can elevate a DUI to a felony with prison time.

In addition to these, enhancements under the Penal Code may apply to cases involving injuries, child endangerment, or multiple prior convictions.

What Role Do CALCRIM Jury Instructions Play in DUI Trials?

California uses standardized criminal jury instructions known as CALCRIM, which help jurors understand the legal definitions, burdens of proof, and facts needed to convict or acquit.

For DUI cases, CALCRIM No. 2110 is commonly used to explain the elements of a basic DUI, while CALCRIM No. 2111 is used for DUI with a BAC of 0.08% or higher.

These instructions are critical because they define the criteria prosecutors must meet to prove guilt beyond a reasonable doubt. A knowledgeable defense can challenge how these elements are presented or interpreted, which can significantly impact the outcome of a case.

Are There Additional CALCRIM Guidelines for Complex DUI Cases?

Yes. More complex DUI cases—those involving accidents, injuries, or multiple substances—often involve additional CALCRIM instructions, such as:

  • CALCRIM No. 2100 – Gross vehicular manslaughter while intoxicated
  • CALCRIM No. 2130 – Driving under the influence causing bodily injury
  • CALCRIM No. 2125 – Prior DUI convictions (used for sentence enhancements)

Using these instructions effectively in court requires strategic legal analysis and a firm grasp of how these elements interact with evidence such as BAC tests, field sobriety tests, and officer testimony.

What are the Penalties for DUI Offenses in California?

The consequences of a DUI conviction in California vary based on the number of prior offenses, level of impairment, and whether anyone was injured.

First-Time DUI Penalties May Include:

  • Up to 6 months in jail
  • Fines of $390 to $1,000, plus penalty assessments
  • License suspension of up to 6 months
  • Mandatory completion of a DUI education program
  • Installation of an Ignition Interlock Device (IID)

Felony DUI Penalties (e.g., 4th DUI or DUI with injury):

  • State prison sentence (16 months to 4 years)
  • Permanent license revocation
  • Restitution to victims
  • Strikes under California’s Three Strikes Law

Details on the sentencing ranges can be verified via the California Legislative Information website.

What Factors Can Increase DUI Penalties in California?

Certain aggravating circumstances can significantly enhance sentencing for DUI offenses. These include:

  • DUI with a minor under 14 in the vehicle
  • Refusal to submit to a chemical test
  • BAC of 0.15% or higher
  • Excessive speeding or reckless driving
  • DUI causing bodily harm or property damage
  • Multiple DUI convictions within 10 years

In such cases, prosecutors may seek sentence enhancements, and courts may impose additional penalties, such as longer DUI programs, higher fines, and extended probation.

What Happens at a DMV Hearing for a DUI in California?

A DUI arrest automatically triggers two separate proceedings:

  1. Criminal Court Case
  2. DMV Administrative Hearing

At the DMV hearing, the Department of Motor Vehicles determines whether your license should be suspended independently of your criminal case. You must request this hearing within 10 days of your arrest.

The DMV will review:

  • Whether the arresting officer had reasonable cause
  • Whether you were lawfully arrested
  • Whether your BAC was 0.08% or more

Legal representation during DMV hearings can help preserve your license or delay suspension pending the outcome of your case.

What are the Most Common DUI Defenses in Los Angeles and Southern California Courts?

DUI defenses vary based on the specific facts of a case, but common strategies used in Los Angeles County and surrounding areas include:

  • Challenging the legality of the traffic stop
  • Questioning the accuracy of breath or blood tests
  • Demonstrating improper calibration of testing equipment
  • Presenting alternative explanations for impairment symptoms (e.g., medical conditions)
  • Disputing field sobriety test procedures or interpretations

In some cases, securing testimony from a toxicologist or forensic expert may help undermine the prosecution’s scientific evidence.

Why Legal Representation Matters in DUI Cases

Navigating the complexities of California DUI law requires a keen understanding of both legal statutes and procedural defenses. DUI convictions can have lifelong consequences, including a criminal record, employment challenges, increased insurance rates, and professional license issues.

The Law Office of Sheny Gutierrez assists clients throughout Southern California in minimizing or avoiding the most severe consequences of DUI charges through personalized case assessments and effective courtroom advocacy.

Whether you’re dealing with a first-time DUI or facing felony charges, having a knowledgeable defense attorney can make a significant impact on the outcome of your case.

If you’ve been charged with a DUI in Santa Ana or the broader Southern California area, visit Law Office of Sheny Gutierrez – DUI Defense and let us evaluate your case with diligence and precision.