Difference Between DWI and DUI
Driving while intoxicated (DWI) and driving under influence (DUI) are common terms that relate to the operation of a vehicle while under the influence of alcohol or drugs. Although these terms sound similar, there are some significant differences between them that everyone should know, especially if they find themselves facing these charges.
What is DWI?
DWI is a criminal offense that involves operating a vehicle while under the influence of alcohol or drugs. In some states, it is also called driving under the influence (DUI). A person may be charged with DWI if their blood alcohol concentration (BAC) is above the legal limit of 0.08%.
Examples of DWI
- Driving after consuming too much alcohol
- Unlawful possession of a controlled substance while driving
- Driving under the influence of prescription medication
Uses of DWI
The primary use of DWI charges is to discourage individuals from driving while under the influence of drugs or alcohol and reduce the number of accidents and fatalities caused by drunk or high drivers.
What is DUI?
DUI refers to operating a vehicle while under the influence of drugs or alcohol. DUI is a criminal offense in every state, but the legal definition may vary. Some states may have different names for DUI, such as OUI (operating under the influence) or OWI (operating while intoxicated).
Examples of DUI
- Driving under the influence of illegal drugs
- Driving after using prescription drugs that impair the ability to drive
- Driving after using over-the-counter drugs that impair the ability to drive
Uses of DUI
DUI charges are intended to discourage individuals from driving under the influence of drugs or alcohol and reduce the number of accidents and fatalities caused by impaired drivers.
Differences between DWI and DUI
| DWI | DUI |
|---|---|
| Refers to operating a vehicle under the influence of alcohol or drugs | Refers to operating a vehicle under the influence of drugs or alcohol |
| Might have different names in different states, such as DUI or OUI | Might have different names in different states, such as DWI or OWI |
| Generally associated with alcohol intoxication | Associated with both drug and alcohol intoxication |
| Focuses on the level of alcohol in the bloodstream, measured as BAC | Does not always involve alcohol, so there is no BAC measurement |
| Penalties may vary by state, but most DWI charges are considered misdemeanors | Penalties may vary by state, but DUI charges can be misdemeanors or felonies depending on the circumstances |
| May include additional charges, such as open container or reckless driving | May include additional charges, such as possession of illegal drugs or driving without a valid license or insurance |
| May lead to the suspension or revocation of the driver’s license | May lead to the suspension or revocation of the driver’s license, as well as fines, jail time, or mandatory drug/alcohol education |
| May apply to all drivers, including those under 21 years old | May apply to all drivers, including those under 21 years old |
| Typically involves a BAC level of 0.08% or above | May involve any level of drug or alcohol impairment that affects driving ability |
| May require mandatory drug or alcohol treatment | May require mandatory drug or alcohol treatment |
Conclusion
The primary difference between DWI and DUI is that DWI refers to operating a vehicle under the influence of alcohol, while DUI can refer to operating a vehicle under the influence of any drug, including alcohol. Additionally, DWI may have different names in different states, and it is generally associated with alcohol intoxication and measured by BAC. DUI may involve additional charges and can result in more severe penalties, such as a felony, depending on the circumstances.
Knowledge Check
- What is the main difference between DWI and DUI?
- Which charge is typically associated with alcohol intoxication?
- Can a person be charged with DWI for driving under the influence of drugs?
- What is the legal BAC limit in most states?
- Can a DUI charge result in a felony conviction?
- What penalties may a person face for a DWI or DUI charge?
- Do DWI and DUI charges apply to all drivers?
- What might a DWI or DUI charge be called in different states?
- What additional charges may be involved in a DWI or DUI case?
- Is mandatory drug or alcohol treatment required for a DWI or DUI charge?
Answers:
- DWI refers to operating a vehicle under the influence of alcohol, while DUI can refer to operating a vehicle under the influence of any drug, including alcohol.
- DWI is typically associated with alcohol intoxication.
- Yes, a person can be charged with DWI for driving under the influence of drugs.
- The legal BAC limit in most states is 0.08%.
- Yes, a DUI charge can result in a felony conviction depending on the circumstances.
- A person may face penalties such as fines, jail time, mandatory drug or alcohol education, license suspension or revocation.
- Yes, DWI and DUI charges apply to all drivers.
- DWI may be called DUI or OUI in some states, and DUI may be called DWI or OWI in some states.
- Additional charges that may be involved in a DWI or DUI case include possession of illegal drugs, driving without a valid license or insurance, reckless driving, or open container.
- Yes, mandatory drug or alcohol treatment may be required for a DWI or DUI charge.
