Both DUI (driving under the influence) and DWI (driving while intoxicated) refer to the illegal act of driving a vehicle in a public place (such as a highway, street, or even a parking lot) while impaired by alcohol and/or drugs. U.S. laws in all 50 states state that it is a DWI to operate a motor vehicle if a person’s Blood Alcohol Concentration (BAC) reaches or exceeds .08 percent.  A person can be charged with DUI even if their BAC does not reach or exceed .08%.  In California, DUI is prohibited under Vehicle Code sec. 23152(a), while DWI is prohibited under Vehicle Code sec. 23152(b.

In all states, first-offense DUI or DWI is classified as a misdemeanor, punishable by up to six months in jail and /or a fine.  Relevant statutes in California prescribe mandatory and optional conditions of probation.

If a personal injury occurs, or you have multiple DUI/DWI convictions, the charges may be elevated to felonies. If someone dies, you can be charged with murder or manslaughter.

Not all DUI penalties are the same. Depending on your age, license type, BAC, extent of property damage and any previous convictions, the punishment may include

• Admin Per Se license suspension;
• Criminal license suspension;
• Fines;
• Jail time or community service;
• DUI school;
• Installation of an ignition interlock device (IID);
• Vehicle impound; and/or
• SR-22 filing.
   

Irrespective of criminal prosecution, California’s Vehicle Code is enacted with the view that if you apply for a driver’s license (which is deemed a privilege and not a constitutional right), you consent to a BAC test if you are pulled over for a suspected DUI. If you fail, or refuse to take, a chemical test, an Admin Per Se suspension may occur, and you could lose the right to drive for up to a year. This action is taken by the CA Department of Motor Vehicles in addition to any criminal penalties which may apply to the underlying DUI or DWI.

The officer will seize your actual license and give you a temporary Order of Suspension and a temporary license. The officer's report, your license and any other information is then sent to the DMV. The DMV then will conduct a review and hold a hearing upon request. This review can set aside the suspension. If you request a hearing within 10 days of the seizure, the DMV will usually delay the imposition of the suspension pending the hearing.

If you are charged with DUI or DWI, the court procedures, paperwork, and penalties you face can be confusing, time consuming, and overwhelming. A criminal defense lawyer can help you figure out what to do. Lawyers can attend the Admin Per Se Hearings and appear in court on your behalf.