Differences between DUI and DWI
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Driving under the influence (DUI) vs. Driving while intoxicated (DWI)[edit]
In the United States, "driving under the influence" (DUI) and "driving while intoxicated" (DWI) are the primary legal terms for the criminal offense of operating a motor vehicle while impaired by alcohol or other drugs. While these acronyms are often used interchangeably in casual conversation, their specific legal meanings and the penalties associated with them vary depending on state statutes.
Forty-nine states and the District of Columbia set the legal limit for blood alcohol concentration (BAC) at 0.08% for adult drivers. Utah is the only state with a lower limit of 0.05%, which was implemented in 2018.[1]
Jurisdictional differences[edit]
The distinction between DUI and DWI depends on the state where the offense occurs. Some states use only one term to cover all impairment offenses. For example, California uses DUI as the universal term for impairment by alcohol, illegal drugs, or prescription medication. In contrast, Texas uses DWI as its standard charge for adult drivers, reserving the term DUI specifically for minors under the age of 21 who have any detectable amount of alcohol in their system.[2]
Other states, such as New York and Maryland, maintain two separate levels of charges. In New York, Driving While Ability Impaired (DWAI) is a lesser offense than Driving While Intoxicated (DWI). A DWAI charge typically applies when a driver’s BAC is between 0.05% and 0.07%, while a DWI requires a BAC of 0.08% or higher.[3]
Comparison table[edit]
| Category | Driving Under the Influence (DUI) | Driving While Intoxicated (DWI) |
|---|---|---|
| Full Name | Driving Under the Influence | Driving While Intoxicated / Impaired |
| Common Usage | Often used for impairment by alcohol or drugs. | Often indicates a higher level of intoxication. |
| Texas Law | Applied to minors with any alcohol in system. | Standard charge for adults with 0.08% BAC. |
| New York Law | Not used (uses DWAI/DWI). | Standard charge for 0.08% BAC or higher. |
| Maryland Law | Applied for "under the influence" (higher level). | Applied for "impaired by alcohol" (lower level). |
| Substances | Alcohol, prescription drugs, or illicit drugs. | Alcohol, prescription drugs, or illicit drugs. |
| Implied Consent | Applicable to breath and blood tests. | Applicable to breath and blood tests. |
| Zero Tolerance | Common term for minor-specific alcohol laws. | Occasionally used in states without a DUI/DWI split. |
Regulatory and administrative penalties[edit]
Most states follow "implied consent" laws. By obtaining a driver's license, motorists agree to submit to chemical testing if an officer has probable cause to suspect impairment. Refusal to take a breathalyzer or blood test often results in an automatic administrative license suspension, regardless of whether the driver is eventually convicted of a DUI or DWI in court.
Penalties for a first-time conviction typically include fines, mandatory participation in alcohol education programs, and license revocation. Many jurisdictions require the installation of an ignition interlock device (IID), which requires the driver to provide a clean breath sample before the vehicle will start.[4]
References[edit]
- ↑ National Highway Traffic Safety Administration. "Drunk Driving." NHTSA.gov. Accessed February 13, 2026.
- ↑ Texas Department of Transportation. "DUI and DWI: What is the Difference?" TxDOT.gov. Accessed February 13, 2026.
- ↑ New York State Department of Motor Vehicles. "Penalties for alcohol or drug-related violations." DMV.NY.gov. Accessed February 13, 2026.
- ↑ Governors Highway Safety Association. "Alcohol-Impaired Driving." GHSA.org. Accessed February 13, 2026.
