DUI vs. DWI vs. DWAI: What’s the Difference?
Getting charged with driving under the influence of alcohol or drugs is a serious matter. But the terminology can be confusing—what’s the difference between DUI, DWI, and DWAI? Depending on the state where you are arrested, these terms may carry different meanings, penalties, and long-term consequences.
In this article, an experienced car accident lawyer explains the distinctions between DUI, DWI, and DWAI, the penalties typically associated with each, and what you should do if you’re facing one of these charges.
What Does DUI Mean?
DUI stands for Driving Under the Influence. It’s one of the most common terms used across the United States to describe the offense of operating a motor vehicle while impaired by alcohol, drugs, or both.
- Alcohol-related DUIs: Many states use a blood alcohol concentration (BAC) limit of 0.08% as the threshold for impairment. If your BAC meets or exceeds this limit, you can be charged, even if you feel sober.
- Drug-related DUIs: DUI doesn’t only apply to alcohol. Prescription drugs, over-the-counter medications, and illegal substances can all lead to a DUI if they impair your ability to drive safely.
Some states exclusively use the term DUI for all impairment-related offenses, while others use it interchangeably with DWI.
What Does DWI Mean?
DWI typically stands for Driving While Intoxicated or Driving While Impaired, depending on the state.
- In states that distinguish DUI and DWI, a DWI usually refers to a higher level of impairment—often involving a BAC above the legal limit.
- In other jurisdictions, DUI and DWI are simply two terms for the same offense.
Because the definition of DWI varies by state, it’s essential to understand your local laws and how they distinguish—or combine—it with DUI charges.
What Does DWAI Mean?
DWAI stands for Driving While Ability Impaired. It’s a term used in fewer states, but it plays an important role where it applies—most notably in New York and Colorado.
A DWAI typically means:
- You were driving with a BAC below 0.08%, but still showing signs of impairment.
- You were under the influence of drugs or a combination of substances that made you unsafe to drive, even if your BAC was legal.
DWAI offenses are generally treated as less severe than a DUI or DWI, but they still carry serious consequences.
State-by-State Variations
One of the most confusing aspects of DUI, DWI, and DWAI is that laws vary widely by state.
Here are a few examples:
- Colorado: Recognizes both DUI and DWAI, with DWAI being the lesser offense.
- California: Only uses the term DUI.
- Texas: Uses DWI for intoxicated driving and DUI for underage drinking and driving.
- New York: Recognizes DWI for BAC of 0.08% or higher and DWAI for BAC between 0.05% and 0.07%.
- New Jersey: Uses DWI as the official term, but the meaning is essentially the same as DUI elsewhere.
Because of these differences, it’s critical to consult a local attorney who understands the specific statutes in your state.
Penalties for DUI, DWI, and DWAI
While penalties vary by jurisdiction, the consequences of an impaired driving conviction are always serious.
Common penalties include:
- Fines and court costs: Even a first offense can result in hundreds or thousands of dollars in fines.
- License suspension or revocation: Losing the right to drive for months or even years is common.
- Jail time: Some states impose mandatory minimum sentences, especially for repeat offenders.
- Probation: Offenders may be required to report to a probation officer and comply with restrictions.
- Ignition interlock devices (IIDs): Courts may require the installation of an IID, which prevents your car from starting if alcohol is detected on your breath.
- Alcohol or drug education programs: Many jurisdictions mandate classes or treatment as part of sentencing.
Even a DWAI, while considered less severe, can still involve fines, points on your license, and possible jail time.
Long-Term Consequences of a Conviction
The impact of a DUI, DWI, or DWAI conviction doesn’t end once you’ve paid your fines or served your sentence.
Long-term consequences may include:
- Increased insurance premiums: Drivers with impaired driving convictions are considered high-risk, leading to significant rate hikes.
- Employment issues: Jobs requiring driving or professional licenses may be jeopardized.
- Permanent criminal record: A conviction can follow you for life, making background checks more difficult.
- Travel restrictions: Some countries, like Canada, restrict entry for those with DUI or DWI convictions.
These lasting effects highlight why fighting the charge—or negotiating a reduced outcome—is so important.
Defenses Against DUI, DWI, and DWAI Charges
Just because you’ve been charged doesn’t mean a conviction is inevitable.
Common defenses include:
- Challenging the traffic stop: If the officer lacked probable cause, the stop may have been unlawful.
- Questioning field sobriety tests: These tests are subjective and prone to error.
- Challenging breathalyzer or blood test results: Improper calibration, maintenance issues, or mishandling of samples can render results invalid.
- Medical conditions: Certain health issues or medications can mimic signs of impairment.
An experienced defense attorney can evaluate your case and determine the best strategy to protect your rights.
What to Do If You’re Charged
If you are arrested for DUI, DWI, or DWAI, it’s important to act quickly:
- Exercise your right to remain silent and avoid making statements that could be used against you.
- Contact a criminal defense attorney immediately—ideally one with experience in DUI/DWI law in your state.
- Follow legal advice closely and avoid actions (like driving on a suspended license) that could worsen your situation.
Early legal intervention can make the difference between a conviction and a reduced or dismissed charge.
Contact Zaner Law Personal Injury Lawyers for a Confidential Consultation
While DUI, DWI, and DWAI are often used interchangeably, the meaning and severity of these charges vary by state. A DUI generally refers to driving under the influence of alcohol or drugs, while DWI often refers to driving while intoxicated or impaired. DWAI, used in states like Colorado, typically covers lower levels of impairment but still carries serious penalties.
No matter the terminology, the bottom line is the same: impaired driving charges can have severe short- and long-term consequences. If you’ve been charged or have further questions, contact Zaner Law Personal Injury Lawyers for a confidential consultation.
We are located in Denver, CO, proudly serving all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120
Denver, CO 80202
(720) 613 9706
