What is the difference between a DUI and a DWI? Is one worse than the other?
AFAIK:
DUI = Driving Under the Influence (of alchohol)
DWI = Driving While Intoxicated
In other words, they mean the same thing. I believe the abbreviation just varies from state to state. In California, I remember DUI being more common, but in NY, I think DWI is the phrase that pays.
There are other state-variant driving terms. In Washington, the extra lane is called an HOV lane (High occupancy vehicle), but in other states, it is called a commuter lane or something else - but they mean the same thing…
IANAL(awyer), though, and if there are precise and different definitions, I’d be interested in hearing about it.
WordMan
I certainly could be wrong, but I was under the impression that DWI was while legally intoxicated, while DUI meant you could be under the legal limit, but still impaired.
I always use the term “dee wee” because if I use the word “duey” makes me sound English or something…can’t let that happen. 
I remember when DWI was the common acronym. It has always been my impression that DUI was implemented to sew up any loopholes.
Attorney: Mr. Smith, you admit that you were snorting cocaine from your rear-view mirror while driving under the influence of valium, marijuana, and some form of animal tranquilizer. Yet we all know that a fine, upstanding citizen such as Mr. Smith could only be legally intoxicated if he were abusing an alcoholic beverage.
Mr. Smith: Yeah, what he said!
Attorney Ladies and gentlemen of the jury, my client is a drug abuser but not a drunk! Therefore in conclusion, my client could not have been “driving while intoxicated” and must be found innocent!
And two days after this court case, the police adopted a new acronym. DUI was born.
I agree with WordMan.
I grew up in Texas, where DWI was the only term I ever heard used to describe drunk driving and its ilk. I’ve since moved to California, where DUI is the only term to be found.
I visited the California Department of Motor Vehicles search engine and searched for “DWI”: no matches were found. Plugging in “DUI” yields 65 matches of various types, most describing the perils, penalties and procedures of driving while altered.
The reverse is true in Texas. The Department of Public Safety (the analogous agency in that state) doesn’t seem to have their own search engine (that I can find), so I instead went with the state government’s search engine. “DUI” got zero hits, while “DWI” obtained them by the bushel.
While this may not constitute proof, it certainly seems to suggest that “Driving Under the Influence” and “Driving While Intoxicated” are simply locally-preferred legal terms describing the same thing - driving while drunk (or high, or whatever). It’s not the name of the offense that defines what’s illegal - it’s the details described within the law.
In some states, DWI stands for Driving While Impaired and is a lesser charge than DUI. In Oklahoma, DWI covers 0.05% BAC and DUI is reserved for the real partiers that manage 0.10% BAC.
I believe DUI is now the term used in Texas.
Not from what I’ve seen, Road Rash…the billboards still warn about DWI penalties, and the cheezy lawyer commercials on daytime and late-night TV (the true arbiter of preferred legal terminology) offer only DWI defense…
Road Rash, you are sorta right. Driving While Intoxicated is the offense you’ll be charged with if a driver is not normal due to intoxication. In the Alcohol and Beverage Code, is the following offense:
So, Driving Under the Influence is an offense limited to minors, while everyone, including minors, can be charged with Driving While Intoxicated.
Several of you have got Texas wrong.
DUI and DWI are different crimes. Basically a DWI is worse. Texas has a zero tolerance law for minors. If the cop can smell any alcohol on a minor, they can give them a DUI. A DWI is given if they have over a .08 BAC. Also, a DUI can be given to someone who operates a car while impaired by any substance such as legal or illegal drugs. If you are drowsy from a prescription medicine you can be given a DUI.
On a related note, does anyone remember the media referring to GWB’s alcohol arrest as an OUI? I believe this stands for Operating Under Influence. I believe this is similar to the DUI in Texas. I believe he was not over the BAC limit, but was impaired by alcohol.
I wanted to throw in that Colorado has DUI (driving under the influence) and DWAI (driving while ability impaired) DUI is for .10 BAC and DWAI is for .05 BAC.
TexasSpur, I’m not sure which several have Texas wrong, but you’re not right either.
It is correct to say that DUI is zero tolerance, but only for minors, and the provision is the one I quoted from the Alcohol and Beverage Code. There is no DUI for adults. There is, however, driving while intoxicated, found in the Texas Penal Code:
It intrigues me that you suggest DWI is only for a .08 BAC [sic]. You’ll note from the definition of intoxicated that you have needlessly limited this offense.
See that intoxication is for people who are not normal due to a substance. Take too much of a perfectly legal pain killer, get caught while driving, say hello to DWI.
You’ll also note that it is an alcohol concentration of 0.08 or more. It is most emphatically not a blood alcohol concentration.
Again, DWI - anyone operating a motor vehicle, including watercraft while not normal or haveing too high of an alcohol concentration.
DUI - any minor with detectable alcohol. If you are drowsy from a prescription medication you can’t get a DUI.