Michael Pines | December 9, 2025 | Car Accident Lawyer Near San Diego
Some states have different drunk driving offenses on the books, depending on the level of intoxication and the substance in question. California generally classifies all impaired driving offenses as a DUI. This type of offense is taken seriously in California and carries severe penalties and consequences. When a DUI leads to a car accident, the situation becomes even more serious, often resulting in enhanced criminal charges, harsher penalties, and potential civil claims from injured victims.
Keep reading below to learn all the differences between a DUI and DWI.
What Is a DUI?
A DUI is known as a “Driving Under the Influence” charge. In California, the DUI laws encompass all offenses of driving under the influence of drugs or alcohol.
It is illegal to drive a vehicle if you have a blood alcohol content (BAC) of:
- 0.08% or higher for drivers 21 and up
- 0.01% or higher if you are under 21
- 0.04% or higher if you are operating a vehicle that requires a commercial driver’s license
- 0.01% if you are on probation for a DUI offense
Additionally, it is illegal to drive after using any type of drug that impairs your ability to operate a vehicle. This includes even over-the-counter and prescription medications.
Likewise, operating a vehicle after drinking alcohol or having a combination of drugs and alcohol in your system that impairs your ability to drive is illegal. This is true even if your BAC is below the thresholds mentioned above.
What Is a DWI?
A DWI stands for “Driving While Intoxicated.” In some states, DWI laws apply to driving after drinking alcohol. In many of those states, the DUI laws apply more specifically to being under the influence of drugs.
However, California does not make this distinction. The California DUI laws apply to all impaired driving, whether the driver is under the influence of drugs, alcohol, or both.
Penalties for Impaired Driving in California
The state of California takes impaired driving seriously. For this reason, they have implemented strict penalties for drivers who are convicted of these offenses. Simply being arrested for a DUI can result in a suspension of your license if you refuse to take a breath or blood alcohol test.
If you are convicted of a DUI, you could face penalties of:
- Suspended or revoked license
- Mandatory DUI program
- An ignition interlock device on your vehicle
- Fines
- Jail time
- Impounded vehicle
You will likely also see substantial increases to your auto insurance premiums, and you will be required to file an SR-22 Proof of Insurance certificate. Lastly, you could have trouble finding employment or housing due to having a criminal record.
Civil Liability After a DUI in San Diego, California
In addition to criminal charges, you could also find yourself facing substantial civil liability if you cause an accident that results in injuries. Injured victims may be able to recover both economic damages and non-economic damages.
Some common damages in these cases include:
- Medical bills
- Lost wages
- Lost benefits
- Out-of-pocket expenses
- Future reduced earning capacity
- Pain and suffering
You could also find yourself on the hook for punitive damages due to your reckless conduct. Punitive damages are intended to punish the wrongdoer for their egregious behavior and deter similar behavior in the future.
What to Do if You Are Hurt in a DUI Accident
If you’re hurt in a DUI crash in San Diego, take these steps to protect your health and your claim:
- Get medical care now: Call 911 or go to urgent care/ER—early treatment protects you and creates a record of injuries.
- Call the police: Ask officers to document the crash and investigate impairment; get the report number.
- Document the scene: Photograph vehicles, skid marks, debris, lighting/road conditions, and your visible injuries.
- Preserve evidence: Save dashcam footage, torn clothing, damaged items, medical papers, and all receipts.
- Notify your insurer: Report the crash, but don’t give a recorded statement to the at-fault driver’s insurer before speaking with a lawyer.
- Track losses: Keep a journal of pain, appointments, missed work, and daily-life impacts.
- Call a San Diego DUI accident lawyer: An attorney can handle insurers, preserve evidence, calculate damages, and seek the maximum compensation available under California law.
Acting quickly, documenting thoroughly, and getting legal help early can make a meaningful difference in your recovery and your case outcome.
Contact the San Diego DUI Accident Attorneys at Pines Salomon Personal Injury Lawyers for Help Today
If you’ve been injured in a DUI accident in San Diego, CA, the team at Pines Salomon Personal Injury Lawyers can help you pursue maximum compensation for your injuries. Call us today to schedule a free consultation with a DUI accident lawyer.
For more information, contact an experienced personal injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego, San Diego County, and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7