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When it comes to impaired driving offenses, many people are familiar with the term DUI (Driving Under the Influence), but fewer are aware of the term DWAI (Driving While Ability Impaired). These two charges are often confused, but they represent distinct legal offenses under California law. While both involve driving while impaired, the key differences between DUI and DWAI can significantly affect the legal consequences a person faces. In this blog, we will break down the distinctions between DUI and DWAI, explaining the legal definitions, penalties, and when each charge may apply.
Driving Under the Influence (DUI) refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Under California Vehicle Code Section 23152, it is illegal for any individual to drive with a blood alcohol concentration (BAC) of 0.08% or higher, or to operate a vehicle under the influence of drugs or alcohol to the extent that it affects their ability to drive safely.
DUI charges can apply to drivers who are impaired by various substances, including:
- Alcohol: A BAC of 0.08% or more.
- Drugs: This includes prescription drugs, over-the-counter medications, or illegal drugs like marijuana, heroin, or cocaine.
- Combination of alcohol and drugs: In some cases, driving under the influence of both alcohol and drugs can lead to more severe penalties.
A DUI charge typically requires evidence that the driver’s ability to operate the vehicle was significantly impaired. This is often measured through field sobriety tests, breathalyzer tests, or blood tests.
Driving While Ability Impaired (DWAI) is a less severe charge than DUI and applies to situations where a person is driving with a level of impairment that affects their ability to operate a vehicle, but not to the extent required for a DUI. In California, the term DWAI is not commonly used in the law, but it is still a term of importance in other states, like Colorado and New York, where it has a specific legal definition. In California, a DWAI-like offense could be a lesser charge or an alternate charge depending on the severity of impairment.
However, for comparison purposes, it’s important to look at how impaired driving without a BAC of 0.08% (but still impaired) is treated.
In some instances, a person may be pulled over and found to have some impairment (such as from alcohol or drugs), but their BAC might not be above the legal threshold for DUI (0.08%). If their impairment is still noticeable enough to affect their driving ability, they could be charged with impairment-related offenses that fall into the category of DWAI.
In some cases, drug-related DWAI offenses may apply when someone is impaired due to drugs but not to the extent required for a DUI charge.
The penalties for DUI and DWAI vary, but DUI offenses typically result in harsher legal consequences. Here is an overview of the penalties associated with each:
The penalties for a DUI conviction in California depend on several factors, including whether it is a first or subsequent offense, and whether there were any aggravating circumstances (e.g., injury accidents). Typical penalties for a DUI conviction include:
- Fines: Ranging from $390 to $1,000, plus additional penalties and fees.
- License Suspension: A 6-month license suspension for a first offense, with the possibility of a restricted license.
- Jail Time: Possible jail time, especially for repeat offenders or aggravated DUIs.
- Alcohol Education Program: Attendance in a state-approved DUI education program.
- Ignition Interlock Device (IID): Installation of an IID in some cases.
For repeat DUI offenders or those involved in accidents, penalties can be much harsher, including extended license suspensions, longer alcohol education programs, and even mandatory community service.
While DWAI is generally a less severe offense, it still carries penalties, which may include:
- Fines: Typically lower than DUI fines, but still considerable.
- License Suspension: A shorter license suspension compared to DUI, but it can vary depending on the jurisdiction.
- Alcohol Education Program: Some states that have DWAI charges require education programs, similar to DUI programs.
- No Jail Time: DWAI offenders are less likely to face jail time unless there are aggravating factors, such as previous offenses.
The penalties for a DWAI charge are usually more lenient than DUI penalties, but they still carry consequences that can affect your ability to drive and your future legal standing.
While both DUI and DWAI involve driving while impaired, the key factor determining which charge applies is the level of impairment and the legal BAC limit.
- You are caught with a BAC of 0.08% or higher.
- You are significantly impaired by alcohol, drugs, or a combination of both, and it is evident in your driving behavior.
- You are involved in an accident that causes injury or property damage while impaired.
- You are caught with a BAC below 0.08%, but your impairment still affects your ability to drive.
- You exhibit signs of impairment due to drugs or alcohol but are below the legal DUI threshold.
While DWAI charges are more commonly seen in states like Colorado and New York, California law focuses on DUI offenses, but impairment-related charges can occur even when BAC levels are lower than 0.08%.
Whether facing a DUI or DWAI charge, defending yourself in court is essential to minimizing the legal consequences. Some possible defenses include:
- Challenging the Evidence: Questioning the accuracy of sobriety tests, breathalyzer results, or police procedure.
- Proving Lack of Impairment: Demonstrating that you were not actually impaired and that your driving was not negatively affected by alcohol or drugs.
- Medical Conditions: Explaining that a medical condition or prescription medication caused impairment, rather than alcohol or illegal substances.
Working with an experienced DUI attorney can help build the best defense for your case.
Understanding the difference between DUI and DWAI charges is crucial for individuals who are dealing with impaired driving allegations. While both offenses involve impaired driving, DUI is a more severe charge with harsher penalties, particularly when the driver has a BAC above the legal limit or shows significant impairment. On the other hand, a DWAI charge may apply to individuals whose impairment is noticeable but does not meet the threshold for a DUI.
If you are facing either charge, it is essential to understand the potential consequences and legal options available. Seeking legal representation can help ensure the best possible outcome for your case.
