Difference Between a DUI and DWI Charge in Sacramento

Difference Between a DUI and DWI Charge in Sacramento

Getting arrested for drunk driving can be scary and confusing, especially trying to understand the difference between a DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) charge. In California, there is no legal distinction between these terms – they are used interchangeably to refer to the offense of driving while impaired by alcohol or drugs[2]. However, it’s still helpful to understand how Sacramento specifically handles DUI cases, potential penalties, and legal defense strategies.

DUI Laws in California

California’s DUI laws make it illegal to drive with a blood alcohol content (BAC) of 0.08% or higher if you’re 21 or over. For commercial drivers, the limit is lower at 0.04% BAC. If under 21, any detectable amount of alcohol in your system can lead to a DUI. However, you can still be charged with a DUI even if your BAC is under the legal limit, based on observations of impairment such as:

• Unsafe driving
• Failing field sobriety tests
• Slurred speech
• Poor coordination

This is known as a “subjective” DUI while BAC-based DUIs are called “per se.” Drugs other than alcohol can also lead to a DUI charge in California. The most common drug-related DUIs involve marijuana, prescription medications, and illegal substances like cocaine or methamphetamine.

Penalties for DUIs in Sacramento

Like all of California, Sacramento follows the state’s DUI laws and penalties. For a first offense misdemeanor DUI, possible penalties include:

• Up to 6 months in county jail
• Fines up to $1000 plus assessments
• Driver’s license suspension up to 10 months
• 3-9 months of DUI classes
• Probation up to 5 years

Penalties get harsher for second and third DUIs, which are still misdemeanors but lead to longer jail sentences, higher fines, and longer license suspensions. A fourth DUI within 10 years becomes a felony in California, punishable by 16 months to 4 years in state prison[1]. Aggravating factors like excessive speeding, BAC over 0.15%, or causing injury/death can also turn a DUI into a felony.

Difference Between DUI and DWI

While California law treats DUI and DWI interchangeably, some other states distinguish between them[3]:

• DWI stands for “driving while intoxicated” and typically refers to alcohol impairment specifically.
• DUI stands for “driving under the influence” and can cover alcohol or drugs.

So in states that differentiate them, a DWI means you were driving drunk from alcohol while a DUI could involve alcohol or drugs. Some states even have separate BAC limits for DWI and DUI charges. But in California, any substance-related impaired driving is prosecuted as a DUI.

Underage DUIs

For those under 21, California has a “zero tolerance” law for any detectable amount of alcohol. This results in an automatic 1-year driver’s license suspension. Underage DUIs with a BAC of 0.05% or more face longer suspensions and delays in getting a license[4]. Possible penalties for underage DUIs include:

• Up to 1 year in county jail
• Fines up to $1000
• Alcohol education programs
• Community service
• License suspension up to 3 years

Underage DUIs are always a misdemeanor but carry harsher penalties versus standard DUIs. Those caught driving with cannabis or other drugs also face DUI charges if impaired.

DUI Checkpoints in Sacramento

DUI checkpoints allow police to stop vehicles and check drivers for any signs of impairment. These checkpoints tend to happen more frequently around major holidays involving drinking, like Memorial Day, 4th of July, and Labor Day weekends[5].

In Sacramento, DUI checkpoints are mainly conducted by the California Highway Patrol as well as the Sacramento Police and Sheriff’s Departments. Police have to follow certain rules for DUI checkpoints regarding location, timing, visibility, signage, and stopping procedures. DUI defense lawyers can often dispute the legality of a checkpoint stop.

Refusing a DUI Chemical Test

When pulled over on suspicion of a DUI, refusing to take a chemical BAC test leads to serious consequences in California. This includes[6]:

• Automatic 1-year driver’s license suspension
• Longer license suspension upon DUI conviction
• Possibility of search warrant being issued for a forced blood draw

Even with these penalties, some drivers still refuse testing to try avoiding providing evidence. However, experienced DUI lawyers know there are other ways to fight DUI charges without refusing the test.

DUI vs. Wet Reckless in Sacramento

In some cases, a DUI charge can be reduced to a wet reckless driving offense. This is still a serious charge but without the major impacts of a DUI conviction. A wet reckless involves impaired driving that the prosecutor feels can’t be proved beyond a reasonable doubt.

Unlike a DUI, a wet reckless in California:

• Doesn’t require alcohol education classes
• Carries lower fines
• Causes a shorter license suspension
• Can sometimes be expunged from your record

Experienced DUI lawyers will examine if they can negotiate your DUI down to a wet reckless to help minimize penalties.

Fighting a DUI Charge in Sacramento

Here are some of the most common strategies skilled DUI defense lawyers use to challenge DUI charges:

• Question field sobriety tests – These can be inaccurate and improperly administered by police.
• Challenge breathalyzer results – The machine may not have been properly calibrated and maintained.
• Dispute blood test results – Factors like medication, health conditions, and testing errors can invalidate the results.
• Suppress evidence from illegal stop – If police lacked reasonable suspicion for the traffic stop, evidence can be thrown out.
• Suppress evidence from illegal arrest – Similarly, if the DUI arrest process violated protocol, evidence may be excluded.

An experienced DUI defense lawyer will thoroughly examine your case for any potential defenses to get the best possible outcome given the circumstances.

Alternatives to DUI Conviction

Rather than risk being convicted of a DUI and facing severe penalties, some options to explore include:

• Plea bargain for wet reckless – Negotiate with the prosecutor to plead to a reduced wet reckless charge instead.
• Diversion program – For first offenses, this involves classes, fines, and probation in exchange for dismissed charges.
• Trial – Force the prosecution to prove your guilt rather than accepting a plea deal.

An experienced DUI lawyer can advise if any of these options make sense or if fighting the DUI head-on offers the best chances given the specifics of your case.

DUI Myths and Facts

There are many myths surrounding DUIs that can lead people to make the wrong choices when pulled over. Here are some important facts to know:

• Myth: You can avoid a DUI by having coffee or taking a cold shower. Fact: Nothing can lower BAC except time for the body to metabolize alcohol.
• Myth: DUI charges are only based on BAC level. Fact: You can be convicted based on impairment symptoms even with a legal BAC.
• Myth: DUI penalties aren’t that harsh for a first offense. Fact: A first DUI can still involve heavy fines, jail time, and license suspension.
• Myth: There’s no way to fight a DUI. Fact: An experienced DUI lawyer can challenge everything from the traffic stop to the accuracy of your BAC results.

Knowing the facts around DUIs allows you to make informed choices that provide the best chance of minimizing penalties and protecting your future.