Driving under the influence, whether called DUI or DWI, puts lives at risk every day. While the terms are often used interchangeably, they aren’t the same. Understanding the difference between DWI and DUI charges can help drivers make safer, more informed choices.
This guide breaks down what each acronym means, the penalties associated with both, and common misconceptions surrounding DUIs and DWIs.
DWI vs dui key takeaways
- Both DWI and DUI can apply to impairment by alcohol, drugs, or a combination of both. However, states define and apply the terms differently.
- In some states, impaired driving is classified as an OUI offense rather than a DUI or DWI.
- Penalties for DUI, DWI, and OWI convictions typically include fines, potential jail time, and license suspension. The severity of these penalties varies by state and the nature of the offense.
| Factor | DWI | DUI |
| Meaning | Driving While Intoxicated/Impaired | Driving Under the Influence |
| When It’s Used | Typically refers to driving while impaired by alcohol (in some states, drugs may also apply) | Refers to driving under the influence of alcohol, drugs, or both |
| State Usage | Used in roughly 10 states. (e.g., Arkansas, Minnesota, Missouri, New Jersey, New Mexico, Texas | Used in most states. (e.g., Arizona, California, Colorado, Florida, Georgia, Oregon, South Carolina, Washington) |
No matter the term used, impaired driving is dangerous and preventable. Learn more about why it matters.
what is a dwi?
A DWI is the criminal offense of operating a vehicle while impaired by alcohol. The exact meaning of the term varies by state. For instance, Texas uses DWI to mean ”driving while intoxicated,” while Minnesota uses it to mean ”driving while impaired.”
The implications of a DWI charge also vary by state, sometimes reflecting a different level of impairment. For example, Maryland treats DWI as the lesser charge, while DUI is a more serious charge for drivers with a higher BAC (blood alcohol content). In contrast, New York treats DWI as the stronger charge, and DWAI (Driving While Ability Impaired) as the lesser charge.
Because these definitions vary, it’s important to understand how your state defines DWI.
what is a dui?
A DUI is the criminal offense of driving while impaired by alcohol, drugs, or a combination of both. This includes driving while under the influence of prescription or over-the-counter (OTC) drugs, which can be just as impairing as alcohol.
In most states, driving with a BAC of 0.08% or higher may result in a DUI charge. However, some states have lower thresholds, and stricter limits often apply to underage drivers.
In states like California and Florida, DUI serves as the only legal term for all impaired driving cases. In others, both DUI and DWI are used, with the choice of term depending on the severity of the offense or the driver’s age.
what is OWI and Other Related Terms?
While most states use either DWI or DUI to describe impaired driving offenses, some other states use acronyms like:
- OWI: OWI means Operating While Intoxicated. States like Wisconsin, Iowa, and Michigan use this term. It covers the operation of a vehicle, even if it is stationary.
- OUI: OUI means Operating Under the Influence. States like Massachusetts and Maine use this term. An OUI charge is essentially the same as an OWI charge.
- DWAI: Stands for Driving While Ability Impaired. States like New York and Colorado use this term. It typically refers to a lesser degree of impairment than a standard DWI or DUI charge.
DUI and dwi laws vary by state
Most states have three common laws that address impaired driving violations. They are:
- Per se laws: Illegalize operating or driving a vehicle with a BAC at or above the legal limit, regardless of impairment.
- Impairment-based laws: Forbid driving or operating a vehicle while noticeably impaired, regardless of BAC level.
- Zero-tolerance laws: Prohibit drivers under 21 from operating or driving vehicles with any detectable alcohol in their system.
It’s important to remember that these laws vary significantly across states. For instance, while most states set the BAC limit at 0.08% for drivers 21 and over, Utah has a BAC limit of 0.05%. Check your state’s local laws to establish how your state enforces DUI and DWI laws.
Why Impaired Driving Laws Matter
Impaired driving is dangerous. In the U.S., drunk-driving crashes claim roughly 34 lives daily, equating to one fatality every 42 minutes. Strict impaired driving laws exist to prevent fatalities and injuries from such crashes. In fact, it’s estimated that between 1982 and 2001, strict impaired-driving laws saved over 300,000 lives.
While most drivers recognize the danger, far fewer believe they’ll be caught. A recent report from the AAA Foundation for Traffic Safety found that while 93% of drivers perceived driving after drinking alcohol to be dangerous, only 60% believed the driver would be caught. This gap between awareness and perceived consequences highlights the ongoing need for strong enforcement and education.
Learn more about the solutions to solve the problem of impaired driving.
Dwi vs dui penalties
The penalties for impaired driving violations vary significantly by state and the severity of the offense. Even so, common penalties for a DWI or DUI charge in most states include:
- Fines and court fees
- Driver’s license suspension
- Ignition interlock device (IID) requirement
- Community service
- Mandatory alcohol or drug education programs
Drivers may face more severe penalties if there are any aggravating factors, such as a prior DWI or DUI conviction or an exceptionally high BAC level. Putting others at an increased risk also increases the chances of more severe charges. Examples of this include a minor being present in the vehicle when the DUI or DWI occurred, or the offense resulting in an accident causing injuries or fatalities. In such cases, stiffer penalties may include:
- Jail time
- Higher fines
- Extended license suspension or revocation
- Vehicle impoundment
In addition to these criminal and administrative penalties, DUI or DWI convictions also typically impact your car insurance. Offenders are usually classified as “high-risk”, which can result in increased rates and deductibles, reduced coverage, and even policy cancellation. Some states may also require proof of insurance coverage through an SR-22 certificate.
This guide breaks down what each acronym means, the penalties associated with both, and common misconceptions surrounding DUIs and DWIs.
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Common Misconceptions about DUIs & DWIs
Many myths exist about DUIs and DWIs. For example, some drivers believe that first-time offenses aren’t serious. This isn’t necessarily true. First-time offenses, even without involving a crash, can result in hefty fines, license revocation, or jail time if aggravating factors are present. Other common misconceptions about DUIs and DWIs include:
| Myth | Fact |
| DUIs and DWIs only apply to alcohol | Impairment from prescription, over-the-counter drugs, or illegal drugs can also result in a DUI or DWI charge against the driver |
| The driver must be operating a moving vehicle | Many states allow charges if the driver is in ”actual physical control” of the vehicle, even if it is stationary |
| Drivers can only be charged if their BAC exceeds 0.08% | Drivers can be convicted even if their BAC is below the legal limit, if law enforcement determines that their ability to drive has been impaired |
| Refusing a breathalyzer test means no case | Refusing a legally requested breath test can result in severe consequences under implied consent laws, including license revocation and criminal charges |
Feeling ”buzzed” can still result in a DWI or DUI conviction and put others at risk. To avoid the consequences of driving impaired, explore safe ride options to ensure everyone gets home safely before a night out.
Dwi vs dui faqs
What substances can you get a DUI for?
You can get a DUI for any substance that impairs your ability to operate a vehicle. This includes illegal drugs, inhalants, prescription medications, and over-the-counter drugs, not just alcohol.
is a dui a felony?
A DUI is typically a misdemeanor, but it can become a felony for repeat offenses or if it involves serious injuries or death. Learn more about the criteria used to determine whether a DUI is a felony or misdemeanor charge in our blog.
which is more serious, a dwi or dui?
DWI and DUIs are both serious offenses that put lives at risk. From a legal standpoint, the severity of each charge varies by state. Some jurisdictions treat DWI as the more serious charge, while others use DUI as the primary or only charge. For information specific to your state, visit your state’s Department of Motor Vehicles website or consult a licensed attorney.
Help End Impaired Driving with MADD
Impaired driving remains one of the leading causes of death in the U.S. According to the NHTSA, drunk-driving crashes account for nearly 30% of all traffic-related deaths in the country annually.
But it doesn’t have to be this way. MADD has been leading the fight against impaired driving since 1980, working to strengthen laws, support victims, and educate the public. And you can help too. Join our movement to help us pass more life-saving laws, support anti-drunk-driving technology, and advocate for a safer future.
Remember, every impaired-driving crash is 100% preventable. Before your next night out, make a plan:
- Use a rideshare
- Designate a sober driver
- Speak up if someone shouldn’t drive
