# Difference between DUI & DWI **URL:** \ **Category:** Factual Questions\ **Created:** [July 23, 2001, 9:21pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564 "2001-07-23T21:21:18Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Happy\_Feet](https://avatars.discourse-cdn.com/v4/letter/h/c77e96/32.png) [@Happy\_Feet](https://boards.straightdope.com/u/Happy_Feet)\ **Post date:** [July 23, 2001, 9:21pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/1 "2001-07-23T21:21:18Z")
What is the difference between a DUI and a DWI? Is one worse than the other? ---
**Author:** ![WordMan](https://avatars.discourse-cdn.com/v4/letter/w/e8c25b/32.png) [@WordMan](https://boards.straightdope.com/u/WordMan)\ **Post date:** [July 23, 2001, 10:24pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/2 "2001-07-23T22:24:39Z")
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 ---
**Author:** ![flyboy](https://avatars.discourse-cdn.com/v4/letter/f/4da419/32.png) [@flyboy](https://boards.straightdope.com/u/flyboy)\ **Post date:** [July 23, 2001, 11:51pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/3 "2001-07-23T23:51:56Z")
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. ---
**Author:** ![Sultan\_Kinkari](https://avatars.discourse-cdn.com/v4/letter/s/7bcc69/32.png) [@Sultan\_Kinkari](https://boards.straightdope.com/u/Sultan_Kinkari)\ **Post date:** [July 24, 2001, 12:10am UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/4 "2001-07-24T00:10:19Z")
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. 😃 ---
**Author:** ![IBBen](https://avatars.discourse-cdn.com/v4/letter/i/85f322/32.png) [@IBBen](https://boards.straightdope.com/u/IBBen)\ **Post date:** [July 24, 2001, 12:31am UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/5 "2001-07-24T00:31:34Z")
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. ---
**Author:** ![brad\_d](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@brad\_d](https://boards.straightdope.com/u/brad_d)\ **Post date:** [July 24, 2001, 2:28am UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/6 "2001-07-24T02:28:18Z")
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](http://www.dmv.ca.gov/htsearch/index.htm) 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](http://www.txdps.state.tx.us/) (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](http://castor.tsl.state.tx.us/trail/). “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. ---
**Author:** ![sewalk](https://avatars.discourse-cdn.com/v4/letter/s/b3f665/32.png) [@sewalk](https://boards.straightdope.com/u/sewalk)\ **Post date:** [July 24, 2001, 5:10am UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/7 "2001-07-24T05:10:16Z")
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. ---
**Author:** ![Road\_Rash](https://avatars.discourse-cdn.com/v4/letter/r/a8b319/32.png) [@Road\_Rash](https://boards.straightdope.com/u/Road_Rash)\ **Post date:** [July 24, 2001, 6:57am UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/8 "2001-07-24T06:57:44Z")
I believe DUI is now the term used in Texas. ---
**Author:** ![caveman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/caveman/32/7242_2.png) [@caveman](https://boards.straightdope.com/u/caveman)\ **Post date:** [July 24, 2001, 1:28pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/9 "2001-07-24T13:28:15Z")
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… ---
**Author:** ![liebfels](https://avatars.discourse-cdn.com/v4/letter/l/0ea827/32.png) [@liebfels](https://boards.straightdope.com/u/liebfels)\ **Post date:** [July 24, 2001, 2:08pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/10 "2001-07-24T14:08:22Z")
**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: > [@](#): > > § 106.041. Driving Under the Influence of Alcohol by Minor > (a) A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. So, Driving Under the Influence is an offense limited to minors, while everyone, including minors, can be charged with Driving While Intoxicated. ---
**Author:** ![TexasSpur](https://avatars.discourse-cdn.com/v4/letter/t/a6a055/32.png) [@TexasSpur](https://boards.straightdope.com/u/TexasSpur)\ **Post date:** [July 24, 2001, 6:08pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/11 "2001-07-24T18:08:57Z")
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. ---
**Author:** ![wolfman](https://avatars.discourse-cdn.com/v4/letter/w/a8b319/32.png) [@wolfman](https://boards.straightdope.com/u/wolfman)\ **Post date:** [July 24, 2001, 6:37pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/12 "2001-07-24T18:37:40Z")
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. ---
**Author:** ![liebfels](https://avatars.discourse-cdn.com/v4/letter/l/0ea827/32.png) [@liebfels](https://boards.straightdope.com/u/liebfels)\ **Post date:** [July 24, 2001, 8:27pm UTC](https://boards.straightdope.com/t/difference-between-dui-dwi/73564/13 "2001-07-24T20:27:38Z")
**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: > [@](#): > > § 49.04. Driving While Intoxicated > > ``` > (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. > (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. > (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. > > ``` 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. > [@](#): > > (1) “Alcohol concentration” means the number of grams of alcohol per: > (A) 210 liters of breath; > (B) 100 milliliters of blood; or > © 67 milliliters of urine. > (2) “Intoxicated” means: > (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or > (B) having an alcohol concentration of 0.08 or more. 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.