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Both DUI and DWI are terms that refer to operating a motor vehicle while impaired by illegal drugs or alcohol. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated or impaired and DUI stands for driving under the influence. Throughout the United States, the laws vary regarding how a DUI or DWI is dealt with.
In some states, the drunk driving laws differentiate between a DUI and a DWI, where the DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest. Sometimes, states will allow the charges of a DWI to be reduced to a DUI with the help of a defense attorney.
In the case of a reduction from a DWI to a DUI, certain conditions typically must be met, such as the incident being a first offense, the defendant’s display of remorse for the action, and a blood alcohol level that was not drastically over the legal limit. For example, New York State differentiates between DWI and DUI by establishing a blood alcohol level of .08 as the legal limit for DWI. If a person has a blood alcohol level of .07, the charges may be reduced to a DUI, which carries a lesser punishment.
Some states throughout the country have developed a zero tolerance policy, and consequently, they do not recognize any difference between a DUI and a DWI. As far as the laws of these states are concerned, any blood alcohol level over the specified limit is a crime that will be punished in the same manner. In some states, the terms DUI and DWI are used to indicate whether a person was driving impaired under the influence of drugs or alcohol. In this case, DUI is reserved for illegal drugs.
The United States has, as a nation, cracked down on driving under the influence of drugs and/or alcohol regardless of how particular states discriminate between DUI and DWI. Every state has a minimum illegal blood alcohol level of .08. DUI and DWI laws are constantly changing, and the instance of any particular state making the differentiation between DUI and DWI other than in the actual wording is quickly diminishing. Many see these terms as merely a preferential way to describe the same crime. In fact, other terms beside these two are also employed, such as OUI and OWI, replacing the D for driving with an O for operating.