In California, there's no real difference, because the state doesn't use the term DWI at all. Every impaired-driving charge here is a DUI, filed under Vehicle Code 23152. If someone tells you they got a DWI in San Diego, they got a DUI.

DWI stands for "driving while intoxicated," and it's the label a lot of other states use. Some places even split the two, using DWI for alcohol and DUI for drugs, or grading them by how high your BAC was. California just doesn't work that way. Our code says driving under the influence, and that single term covers alcohol, prescription drugs, marijuana, and other substances.

So why do people still say DWI here? Usually it's habit from another state, TV shows, or online forms that lump the terms together. When you're searching at 1 a.m., the words blur. What matters is the actual code section on your paperwork, almost always 23152(a) or 23152(b).

The bigger distinction in California isn't DUI versus DWI. It's whether your charge is a misdemeanor or a felony, and whether it's a first offense or a repeat. Those things drive the real consequences.

For that breakdown, see is a DUI a misdemeanor or a felony or our first DUI defense page.

Not sure what you're actually charged with? Call (858) 622-7280 or visit our contact page.

This is general information, not legal advice.