Many people use the terms “DUI” and “DWI” interchangeably, but what do they mean under California law? In California, there is no distinction only DUI (Driving Under the Influence) exists legally. Whether the driver is impaired by alcohol, drugs, or both, the term DUI covers all such offenses. Understanding how the law defines DUI is important if you’ve been a victim of an impaired driver and are pursuing legal or insurance claims.
What California’s DUI Law Covers
California Vehicle Code Section 23152 governs impaired driving. It includes:
- DUI for driving under the influence of alcohol, drugs, or both
- DUI for having a blood alcohol concentration (BAC) of 0.08% or higher (a “per se” DUI)
- Laws that apply even if BAC is below 0.08% if signs of impairment are present
Commercial drivers, underage drivers, and drivers transporting passengers for hire have stricter rules. For example, commercial drivers may be held to a 0.04% BAC limit. These variations matter when assessing liability, insurance, or penalties.
Why It Matters for Victims
If you are injured by someone driving under the influence:
- The driver’s impairment can strongly affect liability, insurance companies often evaluate the type of DUI offense when deciding fault.
- A conviction or strong evidence of DUI (per “per se” BAC or observable impairment) can strengthen a victim’s case.
- Victims may seek damages for medical bills, lost wages, pain and suffering, and other losses from the impaired driver’s insurer or through civil claims.
What You Should Do If Injured by a Drunk or Impaired Driver
- Call emergency services, including medical and law enforcement.
- Document everything—photos of the scene, contact info for all parties and witnesses, police reports.
- Get checked by medical professionals even if injuries seem mild; some serious injuries show up later.
- Contact a qualified personal injury attorney. A knowledgeable attorney can help you understand your rights, collect evidence, and negotiate or litigate claims.
- Keep thorough records of all losses, medical, wage-loss, emotional, etc.
Legal Implications and Insurance
California is an “at fault” state. This means:
- The impaired driver’s insurance is responsible for paying your damages if the DUI is proven.
- Evidence like BAC test results, police observation, or field sobriety results can affect how strongly liability is established.
- If the driver is uninsured or underinsured, you may need civil remedies beyond insurance.
How Hillstone Law Can Help
Hillstone Law supports people who’ve been injured by DUI drivers by:
- Evaluating all evidence against the driver’s impairment
- Helping clients navigate medical, legal, and insurance claims
- Advising on how strict standards (commercial/underage/BAC thresholds) may impact the case
- Seeking compensation for both economic and non-economic losses
If you or a loved one was hurt in an accident with a DUI driver, contact Hillstone Law for a free consultation so you can understand your legal options and pursue full recovery.
Note: These blog posts are created solely for the use of Hillstone Law. The information is gathered from internet research, publicly available sources, and artificial intelligence (AI) tools such as ChatGPT. While we aim to share helpful and educational content, Hillstone Law does not independently verify every detail. Some information may be incomplete, outdated, or subject to change without notice. If you believe any part of a post is inaccurate, misleading, or infringes upon copyright, please contact Hillstone Law immediately so we can review it and take appropriate action, including correction or removal.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
