What's the difference between DUI and DWI?

Question

I know:
Driving Under the Influence

Driving While Intoxicated

Answer 1

DUI you have blown the legal limit DWI you were driving under the influence but not wasted that's my guess.

Answer 2

1

Answer 3

DUI is driving under the influence. DWI is driving while intoxicated. Intoxicated is defined as having an blood alcohol level of .08 or above. If you are pulled over and given a series of tests and you fail (standing on one leg counting, walking a straight line) normally you are given a pre screen which is the box you blow in. The box is pass - fail. So lets say you fail your agility tests and your prescreen goes to .07... this is no DWI. The officer can assume you are going up in blood alcohol or down depending on when your last drink was. Now... you are brought to the local police department and given the real printable test.... maybe you were going down and your real test is less than .08 (remember .08 is the legal limit for DWI)... lets say it was .06. Then you are charged with DUI. You have to remember here that people all very in their ability to drink. Someone who never drinks may be a .05 but seem to be "wasted" they are charged with DUI... driving under the influence because their own capabilities are inadequate to drive at .05. DUI is a violation and DWI is an unclassified misdemeanor.

Answer 4

I think that if you get arrested or ticketed for a DUI that it would mean either alcohol and/or drugs. While DWI is just alcohol. I am not 100% sure and I am probably going to look like an idiot answering this question but that is what I would assume. Also, I guess it could be the state in which you live or get pulled over as to which they would charge you with. It has never happened to me, so I am just guessing.

Answer 5

DUI and DWI are somewhat interchangeable. You are correct on the abbreviations. Since drunk driving is not a federal offense (at least not yet), the 50 states (and DC, etc.) each have their own laws banning drunk driving.

DUI is a somewhat more general term. It is used in the lawbooks in more states. DWI is used in New York (my state) and a few other states. Search engines (Google Trends, Yahoo/Overture Keyword tool) show that DUI is searched for more frequently than DWI.

Usually, some form of numerical limit is used. With federal incentives, most or all states have adopted the 0.08 limit. This is what is known as a per-se rule. If your blood-alcohol level (often referred to as BAC for blood-alcohol content) is 0.08 or greater, it is illegal for you to drive -- even if you show no other signs of intoxication. Note that BAC is usually measured by a breath test which is an imperfect measure of the amount of alcohol in your blood.

States generally do not limit themselves to the per-se rule alone. Otherwise people could beat the charge by refusing the test (usually not a good idea). So along with the per-se rule, there is also the "common-law intoxication" charge.

To prove per-se intoxication, the officer testifies about the conduct of the breath test and the results. To prove common law intoxication, the officer testifies about what he observed about the defendant -- characteristics like slurred speech, impaired motor coordination, glassy eyes, erratic driving, etc.

In many states there is also a lesser charge, sometimes called DWAI for driving while ability impaired (the legal term in New York). This may also be a per-se rule at, say, 0.05 BAC. In NY it is not a per-se rule, but the BAC can be used in some circumstances to persuade a jury or judge that you were impaired. Prosecutors will generally not want to pursue a BAC of 0.05, are hesitant at 0.06, and are a bit more likely to go forward at 0.07. With a 0.08 or 0.09, they might go to trial only on the lesser charge because of the weaknesses of breath testing. All of this varies by state, county, and even on the individual prosecutor or court.

The distinction between intoxication and impairment is often poorly defined. Because of this, it is not uncommon for juries to find a defendant guilty of the lesser charge (i.e. DWAI) at the end of a trial on the more serious charge (i.e. DWI). While in NY DWAI refers to the lesser charge and DWI refers to the more serious charge, the term DUI may be used in some states to refer to both.

Answer 6

DUI usually refers to Driving Under the Influence of>something<, while DWI means you are driving while intoxicated, usually by alcohol.

Answer 7

DUI refers to driving under the influence of any mind altering substance including alcohol or drugs while DWI originally meant driving under the influence of alcohol. where oh where did our innocence go in the last few decades

Answer 8

In Texas, DUI is usually for minors (under 21). If a minor has the smell of alcohol on them, then they are intoxicated. so if there is a whiff, then they are "under the influence of..." DWI is for adults because you have to test them for level of intoxication.

Answer 9

Same thing only called by different name in different states. There is something called a DWAI driving while ability impaired that is different. They give you a ticket if your blood alcohol is over .05 however under .10. In Colorado they have it I don't know about other states.

Answer 10

I think it isjust whatever the jurisdiction that you are in calls it. I don't think there is any substantial difference.

I could be wrong, though.