What's the Difference Between a DWI vs. DUI?

DWI and DUI are terms for intoxicated driving charges, either by drunk driving or driving while high. In many states, DUI and DWI are used interchangeably to describe the same act of getting behind the wheel while under the influence.

However, in states such as Texas, Maryland and Arkansas, DWI and DUI denote different levels of impaired driving, one often more serious than the other. Three Midwestern states use the term OWI. New York has both DWI and DWAI (driving while ability impaired).

What is a DUI and DWI?

In most states, DWI and DUI have a similar meaning. Both are terms for the crime of drunk driving or driving under the influence of drugs. DUI stands for "driving under the influence," while DWI stands for "driving while impaired" or "driving while intoxicated."

Whether you are impaired enough to warrant a DUI or DWI charge is typically determined by your blood alcohol concentration (BAC). States are allowed to set their own standards, but in most of the country, you will be charged with a DWI or a DUI when you have a BAC of 0.08 or greater. The only exception is Utah, which has lowered its legal limit to a BAC of 0.05 or greater. If you are caught driving with that level of alcohol in your system, you will almost assuredly be arrested and face a range of punishments from fines to jail time.

In some cases, you do not have to be driving a car to get a DUI or DWI. Authorities also do not always have to prove a 0.08 BAC in all cases. A few situations that can lead to a DUI or DWI:

DWI vs. DUI: What is the difference?

The difference between a DUI and DWI varies by state. In 38 states, there is only one charge for drunk driving, although the charge can have different names depending on the jurisdiction. Colloquially, the terms DUI and DWI are often used interchangeably.

Nine states make notable distinctions between the meaning of the two terms. In some, a DUI refers to driving at or above the 0.08 legal alcohol limit, while DWI includes levels of impairment that are less measurable and may carry less harsh punishments. In others, it's the reverse, and DWI is driving with a BAC at or above 0.08.

Which states have different DUI and DWI laws?

The following nine states have notable differences in how DUIs and DWIs are treated. In most cases, the driver's age (being under age 21) and the amount of alcohol in their system (either near or above the 0.08 limit) are key factors.

New Jersey makes a more minor distinction. In New Jersey, DWI is used to describe impairment by alcohol, while DUI refers to driving under the influence of drugs. The potential punishments are the same for both.

OWI and DWAI

Although DWI and DUI are the most common terms used for driving while impaired, they are not the only ones.

In Wisconsin, Iowa, Indiana and Louisiana, drunk driving is called OWI, or operating while intoxicated.

Oregon laws refer to drunk driving as DUII, or driving under the influence of intoxicants.

Hawaii officially refers to drunk driving in all forms as OVUII, or operating a vehicle under the influence of intoxicants.

New York and Colorado, which use the terms DWI and DUI, respectively, each also have another charge called DWAI, or driving while ability impaired. However, each state has a different definition of DWAI.

Colorado's DWAI charge is for driving with a BAC below the 0.08 limit but higher than 0.05. A first DWAI in Colorado will not trigger a license suspension, but a DUI will.

New York has three different types of DWAI, all of which are lesser charges than a DWI:

A DWAI/Alcohol in New York will trigger a license suspension for 90 days, while a DWAI/Drugs and DWAI/Combination can result in one for at least 6 months.

What happens when you get a DUI?

If you are charged with a DUI or DWI, you may face a range of potential punishments. These can vary not only between states but also based on whether you have prior convictions. You will most likely be arrested and then could face:

The first offense carries a minimum of at least one day in jail in 24 states. In states where there is a difference between DUI and DWI, DUI usually carries a stiffer penalty.

Will you have to go to court for a DUI?

Yes, you will, at the very least, have to go to court for your arraignment after getting a DUI. If you plead guilty or no contest, there is a good chance you will not have to return to court, but it is still possible.

It's almost always a good choice to speak to an attorney after you are arrested for DUI. A lawyer can help you decide how to plead and potentially help get your charges reduced.

Will you lose your license after a DUI?

Most of the time, your license will be suspended following a DUI. How long that lasts and what you need to do to get it back will vary with your situation.

Your license will likely be suspended as soon as you are charged. Refusing to take blood alcohol concentration (BAC) tests can also result in a license suspension.

Can you lose your car because of a DUI/DWI?

Your car can be seized because of a DUI, but it is uncommon and requires repeated infractions. North Carolina specifically has a DWI forfeiture law on the books, and it comes into play when a driver is impaired and either has their license suspended from a previous DWI or has no license and no insurance.

More commonly, a court can impound your vehicle or order you to give up your vehicle. These outcomes are also not common.

How will a DUI impact your insurance rates?

A DUI/DWI will raise your insurance rates by an average of 88%. You will also typically need to have an SR-22 filed by your insurer in order to drive legally again.