If you’ve been charged with a DWI (Driving While Intoxicated) in another state, you might wonder, “Does California recognize this charge?” The answer lies in understanding how DUI vs DWI California works. While California primarily uses the term DUI (Driving Under the Influence), other states distinguish between DUI and DWI based on blood alcohol content (BAC) or severity. This blog explains how California treats out-of-state DWI charges, the legal consequences, and why working with a skilled attorney like Bojat Law Group is critical to protecting your rights.
DUI vs DWI: Terminology Matters Across State Lines
In many states, DWI refers to a higher-level offense, often involving a BAC of 0.08% or greater, while DUI may apply to lower BAC levels or drug-related impairment. However, California law does not use the term DWI—instead, it categorizes all alcohol- or drug-related driving offenses under DUI (Vehicle Code § 23152). That said, California courts and the DMV still recognize out-of-state DWI charges under interstate agreements.
Key distinctions:
- DUI in California: Applies to BAC ≥ 0.08%, or driving impaired by drugs/alcohol.
- DWI in Other States: May involve stricter penalties or higher BAC thresholds.
Regardless of terminology, California treats out-of-state charges as “priors” if you face a subsequent DUI locally.
Does California Recognize Out-of-State DWI Charges?
Yes. California participates in the Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC), which require member states to share information about traffic violations, including DUIs and DWIs. If you’re a California resident charged with a DWI elsewhere, the DMV will likely be notified and may take action against your license.
How It Works:
- Reporting: The arresting state reports the charge to California.
- DMV Review: California DMV may impose penalties per state law, even if the original state’s penalties differ.
- Prior Offenses: An out-of-state DWI could count as a prior conviction if you’re charged with a DUI in California later, escalating penalties.
How California Handles Out-of-State DWI Penalties
While California recognizes out-of-state DWIs, penalties align with California DUI laws, not the originating state’s. For example:
- License Suspension: California may suspend your license for 4–12 months, even if the other state didn’t.
- Ignition Interlock Device (IID): Required for repeat offenders.
- Prior Strikes: A prior DWI could elevate a first-time California DUI to a second offense, doubling fines, jail time, and license suspension.
Critical Considerations:
- BAC Thresholds: California’s 0.08% standard applies regardless of another state’s DWI criteria.
- Legal Defenses: An experienced attorney can challenge how California applies its laws to your case.
Navigating Dual Jurisdiction: Why You Need a California DUI Attorney
Fighting charges in two states is complex. For instance, a Texas DWI conviction could lead to California license suspension and mandatory IID installation. Bojat Law Group helps clients:
- Contest DMV hearings to prevent license suspension.
- Negotiate with prosecutors in both states.
- Argue against unfair “prior offense” designations.
Case Example:
A client with a New York DWI faced a California license suspension. We successfully argued that New York’s procedural errors invalidated the DMV’s action, preserving their driving privileges.
Protect Your Rights with Expert Guidance
Understanding how DUI vs DWI California impacts out-of-state charges is vital to avoiding harsh penalties. Whether you’re facing a local DUI or an out-of-state DWI, the Bojat Law Group provides strategic defense tailored to California’s unique laws. Don’t let an out-of-state charge derail your future—contact us today for a free consultation.