What Is the Difference Between DUI and DWI?

February 20, 2025

Understanding the Key Differences and Legal Implications of

DUI vs. DWI

If you’ve ever been pulled over for suspected impaired driving or have looked into driving laws, you may have come across two commonly used terms: DUI and DWI. While both refer to driving under the influence of alcohol or drugs, the legal definitions and consequences can vary depending on where you are. Understanding the difference between DUI and DWI is crucial for drivers, as the consequences of either charge can have serious implications for your life, including fines, license suspension, and even jail time. 

In this blog, we’ll explain what DUI and DWI stand for, how they differ, and what you should know if you’re facing either charge.

What Does DUI Stand For?

DUI stands for Driving Under the Influence. It typically refers to operating a vehicle while impaired by alcohol or drugs, whether prescription, over-the-counter, or illegal substances. DUI laws apply to drivers whose blood alcohol concentration (BAC) exceeds the legal limit of 0.08% or who show signs of impairment due to drugs. 

DUI and Alcohol 

In most cases, DUI is associated with alcohol consumption. If you are caught driving with a BAC higher than 0.08%, you can be charged with a DUI. However, DUI charges can also apply if alcohol consumption alone doesn’t meet the legal threshold but you are still visibly impaired, such as through erratic driving or inability to perform standard field sobriety tests. 

DUI and Drugs 

It’s important to note that DUI charges also apply to driving under the influence of drugs. Whether prescription medication, illegal drugs, or even marijuana (in states where it’s legal), if these substances impair your ability to drive, you can face a DUI charge. Drug impairment might be harder to detect without a blood test, but it’s still a serious offense. 

What Does DWI Stand For?

DWI stands for Driving While Intoxicated or Driving While Impaired, depending on the state. Like DUI, DWI also refers to operating a vehicle under the influence of alcohol or drugs, but DWI generally implies a higher level of impairment. In some states, DWI is used specifically for alcohol impairment, while DUI can refer to either alcohol or drugs. 

DWI and Alcohol 

In states where DWI specifically refers to alcohol impairment, it typically means that a driver’s BAC is well above the legal limit, often starting at 0.08% or higher but sometimes even lower (depending on the state). A DWI charge is generally a more serious offense than DUI because it implies a higher degree of intoxication. 

DWI and Drugs 

In states where DWI refers to both alcohol and drug impairment, it may be used interchangeably with DUI. In these cases, a driver found to be intoxicated by any substance—be it alcohol, prescription drugs, or illegal substances—can be charged with DWI. 

Key Differences Between

DUI and DWI

Although DUI and DWI are often used interchangeably, there are important differences to note: 

  • Legal Definitions: 

a. DUI (Driving Under the Influence) typically refers to being impaired by alcohol or drugs.

b. DWI (Driving While Intoxicated or Impaired) often refers to a higher level of intoxication, particularly from alcohol. However, in some states, DWI can also cover both alcohol and drugs. 

  • State Laws: 

a. The specific definitions of DUI and DWI can vary by state. In some states, there’s no difference between the two terms, and they are used interchangeably. In others, DWI might indicate a more serious level of impairment, especially in relation to alcohol. 

  • Severity of Charges: 

a. In some jurisdictions, DWI is considered a more severe charge due to the implication of more severe impairment or a higher BAC. DUI can often apply to lower levels of impairment, though both are serious offenses. 

  • Penalties: 

a. Penalties for both DUI and DWI charges are similar and can include fines, license suspension, mandatory driving education, and even jail time. However, those convicted of DWI offenses may face more severe penalties, especially if their BAC is significantly over the legal limit. 

  • Field Tests: 

a. The way law enforcement handles DUI and DWI cases can differ based on whether the offense involves alcohol or drugs. Standard field sobriety tests may be used in both DUI and DWI stops, but drug impairment may require additional testing, such as a blood or urine test.

Key Differences Between DUI and DWI

Although DUI and DWI are often used interchangeably, there are important differences to note: 

  • Legal Definitions: 

a. DUI (Driving Under the Influence) typically refers to being impaired by alcohol or drugs.

b. DWI (Driving While Intoxicated or Impaired) often refers to a higher level of intoxication, particularly from alcohol. However, in some states, DWI can also cover both alcohol and drugs. 

  • State Laws: 

a. The specific definitions of DUI and DWI can vary by state. In some states, there’s no difference between the two terms, and they are used interchangeably. In others, DWI might indicate a more serious level of impairment, especially in relation to alcohol. 

  • Severity of Charges: 

a. In some jurisdictions, DWI is considered a more severe charge due to the implication of more severe impairment or a higher BAC. DUI can often apply to lower levels of impairment, though both are serious offenses. 

  • Penalties: 

a. Penalties for both DUI and DWI charges are similar and can include fines, license suspension, mandatory driving education, and even jail time. However, those convicted of DWI offenses may face more severe penalties, especially if their BAC is significantly over the legal limit. 

  • Field Tests: 

a. The way law enforcement handles DUI and DWI cases can differ based on whether the offense involves alcohol or drugs. Standard field sobriety tests may be used in both DUI and DWI stops, but drug impairment may require additional testing, such as a blood or urine test.

Consequences of DUI and DWI

Whether you are charged with a DUI or DWI, the consequences can be severe. Here are some common penalties:


  • Fines: Both DUI and DWI offenses can lead to hefty fines, which vary depending on the state and whether it’s a first or repeat offense. 
  • License Suspension:  A conviction for DUI or DWI usually results in the suspension of your driver’s license. The length of suspension depends on the severity of the charge and your prior record. 
  • Jail Time: For more severe cases, such as repeat offenders or those with extremely high BAC levels, jail time may be a possibility. 
  • Increased Insurance Rates:  After a DUI or DWI conviction, your insurance premiums are likely to rise significantly. 
  • Mandatory Education Programs: Many states require individuals convicted of DUI or DWI to attend mandatory alcohol or drug education programs. 

How to Avoid DUI and DWI Charges

The best way to avoid the consequences of DUI or DWI charges is to never drive while impaired. Here are a few tips:


  • Designate a Driver: If you plan to drink, always designate a sober driver or use ride-sharing services like Uber or Lyft. 
  • Plan Ahead: Make arrangements for alternative transportation before you start drinking or using drugs. 
  • Be Mindful of Prescription Drugs: If you take prescription medication, always read the labels and consult your doctor about its effects on your ability to drive. 

How to Avoid DUI and DWI Charges

The best way to avoid the consequences of DUI or DWI charges is to never drive while impaired. Here are a few tips:


  • Designate a Driver: If you plan to drink, always designate a sober driver or use ride-sharing services like Uber or Lyft. 
  • Plan Ahead: Make arrangements for alternative transportation before you start drinking or using drugs. 
  • Be Mindful of Prescription Drugs: If you take prescription medication, always read the labels and consult your doctor about its effects on your ability to drive. 

Stay Safe and Make Informed Decisions 

Understanding the difference between DUI and DWI is essential for staying safe on the road and avoiding legal trouble. While both charges involve impaired driving, the severity and specifics can vary based on your location and the substances involved. Always be aware of your limits and make responsible choices when it comes to driving. 


If you or someone you know is facing a DUI or DWI charge, it’s important to get legal advice right away. Our free legal helpline is here to assist you in understanding your options and connecting you with the right resources. Call Christina Now for immediate assistance — we’re here to provide guidance and help you navigate this difficult situation.

Share this blog to spread awareness about the risks and penalties of driving while impaired. Stay safe, and make smart decisions behind the wheel!