There's no such thing as DWI in California. The charge is called DUI that state, other states call it DWI instead. Also see the sentence in bold below. Paul Pelosi was charged with both offenses, so he was indeed over the legal limit, and as usual you're talking out of your ass.
www.losangelescriminallawyer.pro/amp/dui-vs-dwi.html
In California, a driver can be charged with driving under the influence of alcohol pursuant to
California Vehicle Code Section 23152(a) VC, driving under the influence of drugs in violation of
California Vehicle Code Section 23152(f) VC or driving under the combined influence of alcohol and drugs under
California Vehicle Code Section 23152(f) VC. In addition, a driver can also be charged with driving with a BAC of 0.08 percent or higher pursuant to
California Vehicle Code Section 23152(b) VC.
In most DUI cases involving alcohol, the defendant will be charged with DUI and driving with a BAC of 0.08 or higher. This allows the prosecution to pursue two different theories of criminal liability.