What Is a DUI?

DUI stands for "driving under the influence." According to the California Vehicle Code § 23152, it is illegal to drive under the influence of any intoxicating liquor or drug, or a combination of the two. The legal threshold is .08 percent BAC, but if evidence shows that your driving was impaired, you could receive a DUI charge even if you were under .08 BAC.

A simple DUI with no aggravating factors is a misdemeanor but driving under the influence can be enhanced to a felony in some cases. Driving under the influence is an administrative license offense, a traffic offense, and a criminal offense. DUI is an administrative offense because it concerns your right to drive.

This aspect of a DUI is handled by the Department of Motor Vehicles. DUIs are traffic offenses because they are committed while you are in physical control of your vehicle. Finally, DUIs are criminal offenses because they are not charged as infractions (like most tickets) but as misdemeanors & felonies.

DUI in Other States

Driving under the influence isn’t called “DUI” in every state. In some states, it is called driving while intoxicated shortened to the acronym “DWI.” In still other states, like Ohio, drunk driving is operating a vehicle while intoxicated or “OWI.” It is the same offense, called different things in different states.

The Risks of DUI

Driving under the influence of alcohol or drugs is extremely dangerous, even if you are technically below the legal limit of .08 percent blood alcohol content. Studies show that even minor alcohol ingestion increases the risk of crashing.

If you were accused of driving under the influence of alcohol or drugs, we invite you to contact a Los Angeles DUI attorney at Gold & Witham for a free review of your case.