What Is the Difference Between DWI and DUI?

The terms DUI and DWI are confusing for drivers looking for help after a drunk driving arrest. In most cases, these refer to different states’ names for the same crime. A DUI and DWI generally mean the same thing. However, some states can use both terms for different motor vehicle offenses.

After a drunk driving arrest, contact a local criminal defense attorney for legal advice. A local drunk driving defense attorney can explain your state’s drunk driving laws and what you can expect. Contact a DWI or DUI lawyer for more information about your drunk driving charges.

What Is the Difference Between a DWI and a DUI Charge?

In most cases, there is little difference between criminal charges for driving while impaired (DWI) and driving under the influence (DUI). Different states have different terms for impaired driving. Generally, DUI and DWI laws apply to drivers under the influence of alcohol, drugs, or a combination of drugs and alcohol.

There are generally two ways for police to charge an impaired driver. Drivers face an arrest if they are driving while under the influence of alcohol or drugs to the extent that it impairs their driving ability. The other is drunk driving, per se. A driver is guilty of drunk driving per se if their blood alcohol concentration (BAC) is over the legal limit. In most states, the BAC limit is 0.08%.

Drunk Driving and Underage Drunk Driving

Some states use both DUI and DWI as types of impaired driving charges. For example, in Rhode Island, DWI refers to zero-tolerance underage drinking laws, with a blood alcohol content of 0.02% or higher. A DUI refers to standard drunk driving charges with a BAC level of 0.08% or higher. In Arkansas, the terms for DWI and DUI are reversed.

What Do OUI, OVI, and OWI Mean?

Drunk driving laws are different in every state. Driving under the influence of alcohol or drugs can have different legal terms for the same situation. Most states use driving under the influence (DUI) or driving while impaired (DWI). However, there are other abbreviations for drunk driving, including:

• OUI: Operating under the influence (used in Maine and Massachusetts)
• OVI: Operating a vehicle impaired (used in Ohio)
• OWI: Operating while impaired (used in Iowa and Wisconsin)
• DUII: Driving under the influence of intoxicants (used in Oregon)
• DWAI: Driving while ability impaired (used in New York)
• OVUII: Operating a vehicle under the influence of an intoxicant (used in Hawaii)

What Are DWI and DUI Penalties?

The penalties for drunk driving are different depending on where it happened. Some states have harsher penalties for the same crime. Penalties for a first offense are generally lighter than multiple drunk driving charges. The misdemeanor penalties for a DUI or DWI charge in most states include:

• Possible jail time
• Fines and court fees
• Driver’s license suspension
• Ignition interlock device (IID)
• Community service
• DUI school and treatment

In addition to the criminal and administrative penalties, most drivers will have higher auto insurance rates after a DUI or DWI conviction.

How Much Will a DUI or DWI Cost?

A drunk driving arrest and conviction are costly. Take all the costs into account when thinking about how much you will pay for a drunk driving conviction, which may include:

• Fines and fees
• Impound fees
• Increased car insurance premiums
• DUI school
• IID installation and monitoring
• Driver’s license reinstatement fees
• Probation fees
• Transportation expenses without a car

For some drivers, a drunk driving charge can cost up to $10,000. A second drunk driving offense is even more expensive.

Will You Lose Your License After a DUI or DWI?

After a drunk driving arrest, your motor vehicle department will suspend your license. In most states, the license suspension period can range from 30 days to a year for a first DUI. A second DUI or DWI will result in a longer license suspension or even license revocation. However, you can generally get a restricted license after a drunk driving arrest so you can still go to work and school.

Many states offer or require an ignition interlock device (IID) after a drunk driving charge. An IID is like a breathalyzer for your car. You must blow a clean breath to start and operate your motor vehicle.

Will I Face Jail Time for a Drunk Driving Arrest?

Even first-time drunk driving offenses may involve possible jail time. Some states have a mandatory 24-hour or 48-hour jail sentence for a first DUI or DWI. However, many drivers can avoid jail time with probation or community service. However, a DUI accident or multiple DWIs can result in more severe jail time.

How Long Does a DUI or DWI Offense Stay on Your Record?

When discussing your record after a DUI or DWI conviction, you must consider your criminal and driving records. Law enforcement agencies maintain your criminal record, which includes a record of your arrest, criminal charges, and criminal convictions. Your state motor vehicle department generally maintains your driving record.

Part of your criminal history is available to the public. Employers who do a background check can see prior DWI and DUI convictions. In most states, this is a permanent part of your criminal record. However, some states allow you to seal or expunge your criminal record. If you get your drunk driving conviction expunged, it won’t show up in a background check.

The time a DUI or DWI case stays on your driving record will depend on state law. Most states will drop the drunk driving offense from your record after five to ten years. However, it will stay on your driving record for life in states like Texas and Indiana.

You can request a copy of your criminal and driving records from your state agency.

How Can a DUI or DWI Attorney Help?

A drunk driving arrest does not have to result in a conviction. A criminal defense attorney can challenge the prosecutor’s evidence in court, including showing that the breathalyzer test results were inaccurate or that the police didn’t properly administer the field sobriety tests.

An attorney can also negotiate to get reduced charges or deferred judgment. Deferred prosecution or diversion programs will help you avoid a criminal record. Talk to your attorney about getting diversion for your first DUI or DWI. Contact a drunk driving defense attorney for legal advice after an arrest.