Driving Under the Influence — criminal charge for operating a vehicle while impaired by alcohol or drugs
Understanding the charge in states like California, Florida, and Arizona that use 'DUI' terminology
Driving While Intoxicated/Impaired — criminal charge typically indicating higher intoxication level or BAC above 0.08%
Understanding the charge in states like Texas, New York, and New Jersey that use 'DWI' terminology
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated/Impaired) are both drunk driving charges, but their meanings vary by state. In states that use both terms, DWI is typically the more serious charge (higher BAC or intoxication level), while DUI may refer to a lesser offense or driving under the influence of drugs.
The distinction depends entirely on your state. Some states use only DUI, some only DWI, and some use both with different severity levels. In all cases, both are serious criminal charges that carry license suspension, fines, and potential jail time. A BAC of 0.08% or higher is illegal in all 50 states.
Choose DUI if
Understanding the charge in states like California, Florida, and Arizona that use 'DUI' terminology
| Metric | DUI | DWI | Diff |
|---|---|---|---|
| States Using This Term | ~38 states | ~12 states | +217% |
All figures sourced from publicly available data. Last updated Mar 2026.
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Choose DWI if
Understanding the charge in states like Texas, New York, and New Jersey that use 'DWI' terminology
DUI
Driving Under the Influence
DWI
Driving While Intoxicated/Impaired
DUI
Often lesser charge
DWI
Often more serious charge
DUI
Can be below 0.08%
DWI
Typically 0.08%+
DUI
Alcohol, drugs, or both
DWI
Primarily alcohol (varies by state)
DUI
~38 states use DUI
DWI
~12 states use DWI
DUI
$500-$5,000🏆
DWI
$1,000-$10,000
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In states that distinguish between the two (like Texas and New York), DWI is generally the more serious charge with higher penalties. In states that use only one term, there is no distinction. In all cases, both are serious criminal offenses that can result in jail time, fines, and license suspension.
Dive deeper with these curated resources
| Attribute | DUI | DWI |
|---|---|---|
| Legal BAC Limit (all states) | 0.08% (0.04% commercial, 0.00-0.02% under 21) | 0.08% (same federal standard) |
| States Using This Term | ~38 states | ~12 states |
| Average Fine (1st offense)(USD) | $500-$5,000 | $1,000-$10,000 |
| License Suspension (1st) | 90 days - 1 year | 90 days - 1 year |
| Jail Time (1st offense) | 0-6 months (varies by state) | 0-12 months (varies by state) |
| Impact on Insurance | 40-100% rate increase, 3-5 years | 40-100% rate increase, 3-5 years |
Side-by-side comparison of numeric attributes
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