DUI and DWI: What's the Difference?

Drunk Driving Laws and Penalties

Understanding the Legal Distinctions

Driving under the influence (DUI) and driving while intoxicated (DWI) are often used interchangeably, but there are subtle legal distinctions between the two terms. Both involve operating a vehicle while impaired by alcohol or drugs, but the specific definitions and penalties vary from state to state.

In general, DUI refers to driving with a blood alcohol concentration (BAC) above a certain legal limit, typically 0.08%. This limit is the same in all states, as it is set by federal law. However, some states have lower legal limits for drivers under the age of 21 or for commercial drivers.

DWI, on the other hand, is a broader term that can include both DUI and other forms of impaired driving, such as driving under the influence of drugs or driving while impaired by fatigue. The penalties for DWI can vary depending on the severity of the offense and whether there were any aggravating factors, such as causing an accident or driving with a child in the car.

It's important to note that even if you are not convicted of DUI or DWI, you can still face administrative penalties, such as a suspended license or vehicle impoundment. These penalties can be imposed by the Department of Motor Vehicles (DMV) based on your BAC or other evidence of impairment.

If you are facing DUI or DWI charges, it's important to speak to an experienced criminal defense attorney to discuss your legal options. An attorney can help you understand the charges against you and develop a strategy for your defense.