Is DUI a Criminal Offense? Or is it just a traffic violation?

Driving under the influence (DUI) is one of the most commonly misunderstood legal terms. Many people wonder: Is a DUI a criminal offense? Or is it just a serious traffic violation? The answer isn’t always simple. In most U.S. states, including California, DUI is a crime—usually charged as a misdemeanor, but it can escalate to a felony under certain conditions.

Let’s break it down clearly so you understand how DUI laws work, how they can impact your life, and why seeking legal help from a criminal defense lawyer in Los Angeles is essential if you’ve been charged.

Understanding DUI: Crime vs. Traffic Violation

What is DUI in Legal Terms?

DUI stands for Driving Under the Influence, typically of alcohol or drugs. In California, a driver can be charged with DUI if their blood alcohol content (BAC) is 0.08% or higher, or if they are impaired to the extent that they can’t drive safely.

DUI as a Criminal Offense

The answer to “Is DUI a crime?” is that in most cases, DUI is indeed a criminal offense, not just a traffic infraction. This means it can result in jail time, a criminal record, and long-term consequences that go far beyond a speeding ticket.

DUI vs. Traffic Violation: Key Differences

Criteria	Traffic Violation	DUI (Criminal Offense)
Legal Classification	Infraction	Misdemeanor/Felony
Jail Time	No	Possible
Criminal Record	No	Yes
Court Appearance Required	Usually not	Yes

When DUI Becomes a Misdemeanor

Common Penalties for First-Time DUI Offenses

A first-time DUI is usually charged as a misdemeanor and may result in:

• Up to 6 months in jail

• Fines

• License suspension

• DUI education programs

• Installation of an ignition interlock device (IID)

Misdemeanor DUI: Typical Charges and Sentences

If there were no injuries or aggravating factors, misdemeanor charges often apply. Still, the consequences are serious and will result in a criminal conviction on your record.

Lookback Period and Its Impact on DUI Penalties

Many states have a “lookback period” (usually 7–10 years). If you are convicted of another DUI within this window, your new charge could carry harsher penalties or even be escalated to a felony.

When DUI Is Prosecuted as a Felony

Factors That Elevate DUI to Felony

A felony DUI may be charged if:

• You have multiple prior DUIs

• You caused injury or death

• You were driving intoxicated with a child in the vehicle

Felony DUI Penalties

Felony DUIs can lead to:

• More than 1 year in state prison

• Hefty fines

• Permanent criminal record

• Loss of driving privileges for years

DUI Causing Injury or Death

If a DUI results in injury or fatality, it could be charged as vehicular manslaughter or even Watson murder in California—a form of second-degree murder for repeat DUI offenders.

The Impact of a DUI Conviction on Your Criminal Record

What Is a Criminal Record (RAP Sheet)?

A criminal record, also known as a RAP sheet, lists all convictions. Once a DUI goes on this record, it can impact you for life, unless expunged.

How DUI Affects Your Employment and Background Check

Employers, landlords, and even colleges often conduct background checks. A DUI can:

• Hurt job opportunities

• Impact housing applications

• Affect financial aid eligibility

How Long Does a DUI Stay on Your Record?

In most states, including California, a DUI stays on your record for life, though expungement may help.

Expungement and Sealing of DUI Records

What Is DUI Expungement?

Expungement is a legal process where a conviction is removed from your record. Once expunged, it won’t show up in most background checks.

Eligibility and Process for Expunging a DUI

You may be eligible if:

• You completed probation

• You haven’t had new charges

• You paid all fines and completed the programs

How Record Sealing Differs from Expungement

A record seal hides your record from public view but doesn’t destroy it. Government agencies may still access it.

Are There Cases Where DUI Is Not a Crime?

Underage DUI as a Traffic Infraction

In some states, underage DUI (drivers under 21 with any alcohol in their system) is handled as a traffic infraction, not a crime.

DWAI: A Lesser DUI Offense

In states like New York and Colorado, a DWAI (Driving While Ability Impaired) charge can be a non-criminal offence, though still serious.

Rare Cases When DUI Is Not a Criminal Charge

These exceptions are rare. In nearly all adult cases, DUI is a crime, even if it’s a first-time offence.

Why You Need Legal Representation for DUI Charges

The Role of a DUI Lawyer in Your Case

A DUI lawyer can:

• Fight for reduced charges

• Challenge evidence

• Represent you in court and DMV hearings

How a Lawyer Can Help with DUI Defense

Defense strategies may include:

• Proving BAC was under 0.08%

• Challenging test procedures

• Showing a lack of probable cause

Why Choose DCD LAW for DUI Defense?

At DCD LAW, our team focuses exclusively on criminal defense. We understand California DUI laws deeply and know how to fight aggressively for your rights. We provide personalized attention and direct access to your attorney throughout the process. We are committed to protecting your freedom and helping you navigate DMV and criminal court proceedings with clear communication every step of the way.

Common DUI Defenses Used by Lawyers

Challenging Blood Alcohol Content (BAC) Results

Breathalyzers and blood tests are not always accurate. Errors in testing or device calibration can be used in your defense.

Defending Against Field Sobriety Test Errors

Field tests can be affected by medical conditions, fatigue, or nerves, not just alcohol. Your lawyer can argue this in court.

Arguing Lack of Probable Cause for the Stop

If police did not have reasonable suspicion to stop you, any evidence gathered after may be dismissed.

Conclusion

To answer the question clearly, yes, DUI is a criminal offense in most states, including California. It’s more than a traffic ticket; it’s a serious charge. 

A DUI conviction can affect your future in countless ways. Having an experienced criminal defense attorney in Los Angeles is your best chance at minimizing the damage.

If you’re facing DUI charges, contact DCD LAW for a consultation. Let our experienced legal team guide you through every step of the defense process.