In most states, there is no difference between the terms DUI and DWI. In these states, “driving under the influence” and “driving while intoxicated” mean the same thing. A few states use other phrases for the offense, like “operating under the influence.”
The phrases can typically be used interchangeably. However, some states use different phrases to describe different crimes.
What does DUI mean?
DUI stands for driving under the influence. It is the crime of driving a vehicle while under the influence of:
- alcohol,
- drugs, or
- both alcohol and drugs.
Many states use the phrase “driving under the influence,” or DUI, to refer to:
- drunk driving, or
- drugged driving.
A few of these states are:
More than half of the states in the U.S. refer to the offense as a DUI.
What about DWI?
DWI can stand for either:
- driving while intoxicated, or
- driving while impaired.
The phrase also describes the crime of driving a vehicle while impaired by drugs, alcohol, or both.
Some of the states that refer to the crime as a DWI include:
About a dozen states refer to drunk or drugged driving as a DWI.
What are some other ways to refer to drunk driving, like OWI?
DUI and DWI are not the only acronyms that states use to describe the offense of drunk or drugged driving. Some states refer to the crime as:
- operating while intoxicated (OWI),[8]
- operating under the influence (OUI),[9] or
- operating a vehicle impaired (OVI).[10]
Generally, all of these phrases can be used interchangeably. In nearly all states, there is no difference between a DWI, a DUI, an OUI, or any other name for the offense. While the law will use one term, it is harmless to use another and people will generally know what you mean.
When is there a difference between DUI vs DWI?
In a couple of states, though, there is a difference between the phrases for drunk driving laws. 2 of these states are:
- Oklahoma, and
- New York.
In these states, the name of the drunk driving charge is based on the amount of alcohol in your system. One name for the offense is used for a per se DUI where your blood alcohol content or blood alcohol concentration (BAC) is at or above the legal limit. Another name for the offense is used when your BAC level is below the legal limit but the arresting law enforcement officer thinks that you are too impaired to drive safely.
In Oklahoma, a DUI is the crime of driving a motor vehicle with a BAC at or above 0.08 percent.[11] Meanwhile, a DWI is the crime of driving while impaired by alcohol.[12] The DWI statute does not specify a legal BAC limit. This means that, in Oklahoma, you can face a DWI charge if you were under the legal limit but the officer thought that you were too impaired to drive safely. However, to get a DUI charge, you would have to have a BAC at or above 0.08 percent.
The penalties for these different offenses are different in Oklahoma, as well. The lesser offense of DWI is a misdemeanor that carries the following penalties[13]:
| Prior Convictions | Maximum Jail Time | Potential Fines | Driver’s License Suspension |
| First-time DWI offense | 6 months | $100 to $500 | 30 days |
| Second offense | 6 months | $100 to $500 | 6 months |
| Third and subsequent offense | 6 months | $100 to $500 | 1 year |
DUIs, where your BAC was found to be over the legal limit, carry higher penalties in Oklahoma[14]:
| Prior Convictions | Potential Jail Time | Maximum Fines | Driver’s License Suspension |
| First offense of DUI | Up to 1 year | $1,000 | 180 days |
| Second offense | 1 to 5 years | $2,500 | 1 year |
| Third and subsequent offense | 1 to 10 years | $5,000 | 3 years |
This reflects the higher level of inebriation.
The law is similar in New York. There, per se drunk driving – where your BAC is at or over the legal limit – is a DWI case. However, the law uses another phrase, driving while ability impaired (DWAI) for being under the legal limit but still too impaired to drive safely. Additionally, these and other alcohol-related offenses are prohibited by a statute titled “operating a motor vehicle while under the influence,” which is similar to OUI.[15] Just like in Oklahoma, the penalties for driving with a BAC over the legal limit are higher.[16]
Because there are different sets of penalties for a DUI conviction and a DWAI or DWI conviction, it is even more important to hire a criminal defense lawyer from a reputable law firm if you get arrested.
What is the legal limit?
Generally, the legal BAC limit for alcohol is 0.08 percent. However, there are some exceptions to this rule, most notably:
- commercial drivers, like truckers, generally have to comply with a lower BAC limit, often 0.04 percent,[17]
- underage drivers have lower BAC limits, often 0.02 percent,[18] though it can be 0.00 in states that have so-called “zero tolerance laws,”[19] and
- in Utah, where the legal limit it 0.05 percent.[20]
Your BAC is initially tested at the site of the traffic stop using a portable breath test known as a breathalyzer. If the police officer makes an arrest, you will undergo another BAC test at the police station.
Refusing the breath test violates your state’s implied consent law, triggering an automatic license suspension.
While a couple of states have adopted a legal limit for marijuana,[21] there is no widely accepted legal limit for driving under the influence of drugs.
What is the law in California?
In California, the offense of driving while drugged or drunk is referred to as DUI. There are no separate offenses for the other phrases that are commonly used for the crime. Therefore, other descriptions, like DWI, can be used interchangeably.
California’s state law regarding DUI applies to driving while under the influence of all of the following:
- alcohol,
- illegal drugs, like cocaine,
- legal drugs, like marijuana,
- prescription drugs, and
- a mixture of drugs and alcohol.
Legal Citations:
[1] California Vehicle Code 23152(a) VEH.
[2] Montana Code Annotated 61-8-1002.
[3] Nebraska Revised Statute 60-6,196.
[4] Wyoming Statute 31-5-233.
[5] Missouri Revised Statutes 577.010.
[6] New Hampshire Revised Statute Annotated 265-A:2.
[7] Texas Penal Code 49.04.
[8] See, e.g., Michigan Compiled Laws 257.625.
[9] See, e.g., Maine Revised Statute Title 29-A, Section 2411.
[10] Ohio Revised Code Annotated 4511.19.
[11] Oklahoma Statute Title 47, Section 11-902.
[12] Oklahoma Statute Title 47, Section 761.
[13] Same.
[14] Oklahoma Statute Title 47, Section 11-902(C).
[15] New York Vehicle and Traffic Law 1192.
[16] New York Vehicle and Traffic Law 1193.
[17] See, e.g., California Vehicle Code 23152(d) VEH.
[18] Georgia Code Annotated 40-6-391(k)(1).
[19] Maine Revised Statute Title 29-A, Section 2411.
[20] Utah Code Annotated 41-6a-502.
[21] Montana Code Annotated 61-8-1002(1)(d).
