Both DWI and DUI can apply to alcohol and other drugs (including recreational drugs and those prescribed by a physician) that impair your ability to drive. One is not worse than the other and both can have a big effect on a person’s life. This article discusses how DWI and DUI vary in terms of state laws as well as how impaired driving is defined in different areas. It also explores the legal consequences of impaired driving including fines, jail time, and court-ordered treatment.
State DWI and DUI Laws
Depending on state law, both terms are used to describe impaired or drunken driving. Some states refer to the offense of drunken driving as a DUI, while others call it a DWI. It gets tricky when states use both terms. Quite often, one term will refer to alcohol, while the other term refers to impairment by substances other than alcohol (like prescription or recreational drugs). But the meaning can flip-flop from state to state. Some states use the term DWI to refer to driving with a blood alcohol content (BAC) over the legal limit. In those states, the term DUI is used when the driver is charged with being under the influence of alcohol or drugs. Other states use DWI to refer to driving while impaired by drugs, alcohol, or some unknown substance. They use the term DUI to refer to driving under the influence of alcohol. It’s best to check the definitions of the state you’re in.
What Is Impaired Driving?
Any of these charges indicate that the arresting officer has reason to believe the driver is too impaired to continue to drive. Impaired driving is operating a motor vehicle while under the influence of alcohol or another substance. In the U.S., it is defined as having a blood alcohol content (BAC) equal to or greater than 0.08%. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they are under the 0.08 legal limit. For example, you can fail a field sobriety test and be deemed impaired even if your BAC is less than 0.08. If you appear to be impaired by the arresting officer, but your breathalyzer test shows that you are not under the influence of alcohol, they may suspect the use of drugs that impair your driving ability. This can include prescription and nonprescription medications in addition to illegal drugs. The officer may then call a Drug Recognition Expert (DRE) officer to the scene to perform a series of tests. If the DRE officer’s multi-step evaluation process determines that you are indeed under the influence of drugs, you can be charged with DWI or DUI. The specific charge depends on what the state calls the offense.
Consequences of a DWI Arrest
No matter what the offense is called in your jurisdiction, if you are arrested for impaired driving, you will be facing serious consequences. Consequences can include fees, loss of your license, and court-ordered treatment.
Fines and Fees
If you are convicted of a DWI or DUI, you will be required to pay fines and court fees. These fees vary depending on your jurisdiction. Jail time, probation, and community service are also potential legal consquences.
Suspension or Loss of License
If you are convicted or plead guilty, you will probably lose your driver’s license. To get your driver’s license back, you will likely have to attend defensive driving classes.
Drug or Alcohol Treatment
In most states, you will undergo an evaluation of your drinking or substance use patterns as well. Based on the results of that evaluation, you may have to take part in a drug or alcohol treatment program. That program could range from attending a few support group meetings like Alcoholics Anonymous to entering a residential treatment facility.
Increased Insurance Costs
When you get your driver’s license back, you will likely need SR-22 insurance. This could double or triple your premiums, depending on the laws in your state. On average, you can expect to pay higher premiums for three years.
Ignition Interlock Device
Depending on the state in which you reside, you may also be required to have an ignition interlock device installed on your vehicle. With this device, you can’t start your car unless you use a breathalyzer to determine that you have not been drinking alcohol. This requires that you pay for the device, its installation, and a monthly monitoring fee.
Jail Time
For a second offense, you may spend some time in jail. It is also likely that you will be placed on probation and be required to perform community service.
A Word From Verywell
You can protect your health and safety—as well as that of others—by never driving after drinking any amount of alcohol. Your abilities will be impaired even if your blood alcohol content is below the legal limit. If you are taking any prescription or illicit drugs, it’s best not to get behind the wheel, either. Not all prescription medications impair driving, but it is good to know if your medication may affect your attention or focus or cause drowsiness. The laws are in place to avoid potentially dangerous situations that are far worse than a DUI or DWI conviction. A felony DWI is a serious crime that can carry heavy penalties. Consequences include longer jail times, more serious fines, and the loss of certain civil rights including the ability to vote, own firearms, and hold public office.
