Los Angeles DUI vs. DWI Attorney

For anyone facing charges related to impaired driving in California, grasping the terminology and legal framework is essential. While the term "DWI" (Driving While Intoxicated) is commonly used in many other states, California primarily utilizes "DUI" (Driving Under the Influence) to refer to offenses involving the operation of a vehicle while impaired by alcohol, drugs, or a combination of both. Despite this difference in acronyms, the underlying principle remains the same: It is illegal to drive when your physical or mental abilities are compromised by a substance.

Get in touch with a skilled DUI defense attoreny to clarify the role of out-of-state DWI convictions, and detail the relevant statutes, jury instructions, and sentencing components that apply to these serious offenses.

DUI vs. DWI: Key Terminology Differences for California Drivers

The distinction in terminology between DUI and DWI largely depends on the state. Many states across the United States use "DWI" as their primary legal term for driving under the influence. However, in California, the legal system predominantly uses the term "DUI" for almost all offenses related to operating a vehicle while impaired. This includes impairment caused by alcohol, prescription medications, illegal drugs, or a combination of these substances. The prevalence of "DWI" in other jurisdictions often leads to confusion for individuals moving to California or those with prior convictions in other states. It's important to understand that while the labels differ, the core issue—driving while impaired—is universally recognized as a serious offense.

How Out-of-State DWI Convictions Affect California DUI Charges

Even though California uses the term DUI, a prior conviction for DWI in another state can have significant consequences if you are charged with a DUI in California. California law allows prosecutors to use prior impaired-driving convictions from other states to enhance the penalties for a subsequent DUI offense. This means that if you have a DWI on your record from a different state within the past ten years, and you are convicted of a DUI in California, you could face harsher penalties as if the prior conviction had occurred in California. To use an out-of-state DWI as a prior conviction, the prosecution must demonstrate to the California court that the elements of the out-of-state offense are substantially similar to the elements of a California DUI. This typically involves presenting certified court records and statutes from the other state. Defense attorneys can challenge the use of an out-of-state DWI as a prior by arguing that the legal definitions or standards of proof in the other state differ significantly from California law. However, in most cases, if the underlying conduct involved operating a vehicle while impaired, California courts will likely recognize the out-of-state DWI as a prior conviction for sentencing purposes.

California DUI Laws: Important Vehicle Code Sections Explained

The primary laws addressing driving under the influence in California are found within the California Vehicle Code. These statutes outline the specific offenses and the legal standards that must be met for a conviction. The most commonly charged sections are California Vehicle Code Section 23152 and, in cases involving injury, California Vehicle Code Section 23153.

California Vehicle Code Section 23152(a) makes it illegal to drive a vehicle while under the influence of any alcoholic beverage or drug. Under this subsection, the prosecution must prove that the driver's mental or physical abilities were so impaired that they could no longer operate a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. This impairment can be demonstrated through various forms of evidence, including the observations of law enforcement officers regarding the driver's driving pattern, performance on field sobriety tests, physical appearance, and demeanor. Testimony from witnesses who observed the driver's behavior can also be used. Importantly, this section focuses on actual impairment, regardless of the driver's blood alcohol content (BAC).

California Vehicle Code Section 23152(b) establishes a "per se" legal limit for driving under the influence of alcohol. This means that if a driver's BAC is 0.08% or higher, they can be convicted of DUI regardless of whether they exhibit outward signs of impairment. The prosecution only needs to prove that the driver's BAC was at or above the legal limit at the time of driving. This is typically done through the results of a blood or breath test. In many DUI cases involving alcohol, defendants are charged with violating both Section 23152(a) (driving while impaired) and Section 23152(b) (driving with a BAC of 0.08% or higher), giving the prosecution two independent grounds for seeking a conviction.

California Vehicle Code Section 23152(f) specifically addresses driving under the influence of drugs. This section prohibits operating a vehicle while the driver's mental or physical abilities are impaired by any drug. Unlike alcohol-related DUIs, there is no per se legal limit for drugs (except for certain prescription medications in specific circumstances). To secure a conviction under this section, the prosecution must prove that the drug impaired the driver's ability to drive safely. This often involves evidence such as the arresting officer's observations, the driver's performance on field sobriety tests designed to detect drug impairment, and the results of blood or urine tests confirming the presence of drugs in the driver's system. Proving impairment due to drugs can be more complex than proving alcohol impairment, as different drugs have varying effects and remain in the body for different durations.

California Vehicle Code Section 23152(g) makes it illegal to drive a vehicle while under the combined influence of alcohol and drugs. This section recognizes that the combined effects of alcohol and drugs can be more impairing than either substance alone. The prosecution must prove that the driver was under the influence of both an alcoholic beverage and a drug, and as a result, their mental or physical abilities were so impaired that they could no longer drive with the caution of a sober person.

When a person drives under the influence of alcohol or drugs and, as a result, causes bodily injury to another person, they can be charged under California Vehicle Code Section 23153. This offense can be charged as either a misdemeanor or a felony, depending on the severity of the injuries and the defendant's prior criminal record. To secure a conviction under this section, the prosecution must prove that the defendant drove a vehicle while under the influence of alcohol or drugs, committed an illegal act, or was negligent while driving and that this act or negligence caused injury to another person. Convictions under Section 23153 often result in significantly harsher penalties than standard DUI convictions, including longer jail or prison sentences, substantial fines, and a longer driver's license suspension.

How the California Penal Code Applies to DUI Cases

While the California Vehicle Code primarily governs DUI offenses, certain sections of the California Penal Code become relevant, particularly in cases involving more serious consequences or when considering sentencing enhancements.

If a person drives under the influence of alcohol or drugs and, with gross negligence, causes the death of another person, they can be charged with gross vehicular manslaughter while intoxicated under California Penal Code Section 191.5. This is a felony offense carrying a significant prison sentence. Gross negligence involves conduct that is more than ordinary carelessness; it requires a showing that the defendant acted in a reckless way that created a high risk of death or great bodily injury and that they were aware of this risk. Prosecutors often pursue charges under this section in cases involving high levels of intoxication, reckless driving behavior, or other aggravating factors that demonstrate a disregard for human life.

Watson Murder Rule: When DUI Becomes Second-Degree Murder in California

In rare and tragic cases where a driver with a prior DUI conviction causes a death while driving under the influence with extreme recklessness, prosecutors may even pursue a charge of second-degree murder under what is known as the "Watson Murder" rule. This rule stems from a California Supreme Court case, People v. Watson, which established that a person with prior DUI convictions can be charged with murder if they drive under the influence again and cause a death, demonstrating a conscious disregard for human life. To prove a Watson Murder, the prosecution must typically show that the defendant had prior knowledge of the dangers of driving under the influence, often evidenced by previous DUI convictions and mandatory DUI education where these dangers are explicitly explained.

California Criminal Jury Instructions (CALCRIM) for DUI

In any DUI trial in California, the judge will provide the jury with specific instructions on the law that applies to the case. These instructions, known as CALCRIM (California Criminal Jury Instructions), guide the jury in their deliberations and help them understand the elements of the charged offenses that the prosecution must prove beyond a reasonable doubt. Two of the most common CALCRIM instructions in DUI cases are CALCRIM 2110 and CALCRIM 2111.

CALCRIM 2110 is used when the defendant is charged with driving under the influence of alcohol or drugs (Vehicle Code Section 23152(a)). This instruction informs the jury that the prosecution must prove two essential elements beyond a reasonable doubt:

• That the defendant drove a vehicle.
• That when the defendant drove, they were under the influence of an alcoholic beverage, a drug, or both.

The instruction further clarifies what it means to be "under the influence," stating that a person is under the influence if, as a result of drinking an alcoholic beverage or taking a drug, their mental or physical abilities are so impaired that they are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The instruction emphasizes that the prosecution does not need to prove that the defendant was completely unable to drive, only that their ability to drive safely was impaired.

CALCRIM 2111 is used when the defendant is charged with driving with a blood alcohol content (BAC) of 0.08% or more (Vehicle Code Section 23152(b)). This instruction explains the "per se" nature of this offense. It informs the jury that the prosecution must prove two elements beyond a reasonable doubt:

• That the defendant drove a vehicle.
• That when the defendant drove, their blood alcohol content was 0.08% or more by weight.

The instruction typically explains how BAC is determined through chemical tests and guides the jury on how to consider the results of such tests. It clarifies that if the jury finds that the defendant's BAC was 0.08% or higher at the time of driving, they can find the defendant guilty of this offense, regardless of whether they appeared outwardly impaired.

Additional CALCRIM DUI Instructions for Complex Cases

Depending on the specific circumstances of the case, other CALCRIM instructions may also be relevant. For example, in cases involving injury (Vehicle Code Section 23153), the jury will receive instructions on the elements of that offense, including the requirement to prove that the defendant's impaired driving caused the injury. In cases involving gross vehicular manslaughter (Penal Code Section 191.5), the jury will be instructed on the definition of gross negligence and the requirement to prove that the defendant's gross negligence caused the death of another person.

What are the DUI Penalties in California?

The penalties for a DUI conviction in California vary depending on several factors, including the number of prior DUI convictions within the past ten years, the presence of any aggravating factors, and whether anyone was injured as a result of the impaired driving.

A first-time DUI offense in California is typically charged as a misdemeanor. The penalties can include:

• Fines: Ranging from approximately $390 to $1,000, plus significant court assessments and fees that can significantly increase the total cost.
• Jail Sentence: Up to six months in county jail, although first-time offenders with no aggravating factors may often receive probation and have the jail sentence suspended or converted to community service or work release.
• DUI Education Program: Mandatory participation in a DUI education program, typically lasting three to nine months, depending on the county.
• Driver's License Suspension: A driver's license suspension for six months. However, after a 30-day hard suspension, the individual may be eligible for a restricted license allowing driving to and from work and the DUI program.
• Probation: Up to three years of probation, with conditions such as obeying all laws, attending DUI school, and abstaining from alcohol and drugs.

A second DUI offense within ten years carries more severe penalties:

• Fines: Ranging from approximately $390 to $1,000, plus court assessments and fees.
• Mandatory Jail Sentence: A minimum of 96 hours (four days) in county jail, with the possibility of up to one year. Many counties impose longer minimum jail sentences.
• DUI Education Program: Mandatory participation in an 18-month or 30-month DUI education program.
• Driver's License Suspension: A driver's license suspension for two years. After some time, the individual may be eligible for a restricted license if an ignition interlock device (IID) is installed in their vehicle.
• Probation: Up to five years of probation.
• Ignition Interlock Device (IID): Installation of an IID in the offender's vehicle may be required for a period of time.

A third DUI offense within ten years results in even harsher penalties:

• Fines: Ranging from approximately $390 to $1,000, plus court assessments and fees.
• Mandatory Jail Sentence: A minimum of 120 days in county jail, with the possibility of up to one year.
• DUI Education Program: Mandatory participation in a 30-month DUI education program.
• Driver's License Suspension: A driver's license suspension for three years. After a period of time, the individual may be eligible for a restricted license if an IID is installed.
• Probation: Up to five years of probation.
• Ignition Interlock Device (IID): The Installation of an IID in the offender's vehicle will likely be required for a significant period.

A fourth or subsequent DUI offense within ten years can be charged as a felony. Felony DUI convictions carry much more serious consequences:

• Fines: Up to $5,000, plus court assessments and fees.
• State Prison Sentence: Potential for a sentence in state prison.
• DUI Education Program: Mandatory participation in an 18-month or 30-month DUI education program.
• Driver's License Revocation: A lengthy revocation of driving privileges, potentially for several years.
• Probation: Formal probation, often with strict conditions.
• Ignition Interlock Device (IID): Installation of an IID will likely be required for an extended period upon reinstatement of driving privileges.

Aggravating Factors That Increase DUI Penalties in California

Certain aggravating factors can lead to increased penalties for a DUI conviction. These factors may include:

• Excessive Speeding: Driving 30 miles per hour or more over the speed limit on a freeway, or 20 miles per hour or more over the speed limit on other streets, while under the influence.
• Child Endangerment: Having a minor under the age of 14 in the vehicle at the time of the offense.
• High Blood Alcohol Content: Having a BAC of 0.15% or higher.
• Refusal to Submit to a Chemical Test: Refusing to take a blood or breath test after being lawfully arrested for DUI can lead to a longer license suspension and other penalties.
• Causing Injury: As discussed earlier, causing injury to another person while driving under the influence can lead to felony charges and significantly harsher penalties under Vehicle Code Section 23153.

Administrative Consequences: DMV Hearings

In addition to the criminal proceedings, a driver arrested for DUI in California also faces potential administrative action by the California Department of Motor Vehicles (DMV). The DMV can suspend or revoke a driver's license based on an arrest for DUI, regardless of the outcome of the criminal case. This is known as an Administrative Per Se (APS) suspension. If a driver's BAC is 0.08% or higher, or if they refuse to submit to a chemical test, the DMV will typically initiate an APS suspension. A driver has only ten days from the date of arrest to request a DMV hearing to contest the suspension. Failure to request a hearing within this timeframe usually results in an automatic suspension of the driver's license. The DMV hearing is a separate administrative process where the driver can present evidence and argue why their driving privileges should not be suspended.

Top Legal Defenses Against DUI Charges in Los Angeles

While the consequences of a DUI conviction can be severe, various legal defenses can be raised to challenge the charges. Some common defenses include:

• Challenging the Legality of the Stop: Arguing that the law enforcement officer did not have a valid legal reason to stop the vehicle.
• Attacking Field Sobriety Tests: Challenging the administration or interpretation of field sobriety tests, arguing that they were conducted improperly or that the driver's performance was affected by factors other than impairment.
• Questioning Chemical Test Accuracy: Raising doubts about the accuracy or reliability of blood or breath tests, including issues with the testing equipment, procedures, or the chain of custody of the samples.
• Rising Blood Alcohol Defense: Arguing that the driver's BAC was below the legal limit while driving and only rose above 0.08% after they stopped driving.
• Medical Conditions: Presenting evidence of a medical condition that could mimic the symptoms of alcohol or drug impairment.
• Violation of Constitutional Rights: Asserting that law enforcement violated the driver's constitutional rights during the stop, arrest, or testing process.
• Lack of Probable Cause for Arrest: Arguing that there was insufficient evidence to justify the arrest for DUI.
• Challenging Drug Impairment Evidence: In drug-related DUI cases, arguing that the presence of a drug in the driver's system did not necessarily mean they were impaired.

The Importance of Legal Counsel

Facing a DUI charge in California is a serious matter with potentially life-altering consequences. It is crucial to seek the advice of an experienced criminal defense attorney who specializes in DUI cases. A knowledgeable attorney can evaluate the specific facts of your case, explain your legal options, and develop a strong defense strategy. At Kraut Law Group Criminal & DUI Lawyers can help you navigate the complex legal process, protect your rights, and work toward the best possible outcome. This includes challenging the prosecution's evidence, negotiating with the prosecutor for reduced charges or a favorable plea agreement, and representing you at trial if necessary. If you have a prior DUI conviction, especially an out-of-state DWI, the complexities of the law make it even more critical to have skilled legal representation. An attorney with experience in DUI defense will understand the nuances of California law and how prior convictions can impact your current case. They can also advise you on the administrative proceedings with the DMV and help you fight to retain your driving privileges.

If you are facing DUI charges in Los Angeles or anywhere in California, it is essential to act quickly and contact a qualified criminal defense lawyer. Early intervention can be crucial in building a strong defense and protecting your future.

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