DWI vs DUI: Is There a Difference?

DWI vs DUI: in most states there's no real difference. DUI (driving under the influence) and DWI (driving while intoxicated or impaired) are two names states use for the same crime: driving after drinking or using drugs to the point the law forbids. A few states use both terms, or similar ones, for different levels of the offense, so the name on your ticket matters only for knowing which statute applies.

Term	Stands for	How it's used
DUI	Driving under the influence	The most common name for impaired driving
DWI	Driving while intoxicated, or while impaired	The main name in some states; a separate level in others
OWI, OVI, OUI	Operating while intoxicated, operating a vehicle impaired, operating under the influence	Names some states use; "operating" can include sitting in a running car
DWAI	Driving while ability impaired	New York's lowest level, below DWI

Whatever the name, every state treats it as a crime at the standard level, and the penalties depend on the state's law, the test result and any prior offenses, not on the label.

New York: one statute, three levels

New York shows how one state can use more than one term. Its Vehicle and Traffic Law § 1192 sets out separate charges:

Charge	Standard	Classified as
Driving while ability impaired (DWAI), § 1192(1)	Ability impaired by alcohol	A traffic infraction for a first offense (§ 1193(1)(a))
Driving while intoxicated (DWI), § 1192(2)	0.08% or more alcohol in the blood	A misdemeanor (§ 1193(1)(b))
Aggravated DWI, § 1192(2-a)	0.18% or more	A more serious charge with higher penalties

DWAI becomes a misdemeanor after two or more prior convictions within ten years. We checked §§ 1192 and 1193 on November 7, 2026.

Blood alcohol limits

Driver	Limit	Where it comes from
Drivers 21 and older	0.08% in most states	Each state's law
Drivers under 21	0.02% or zero tolerance	Federal law requires states to treat 0.02% as impaired driving for minors (23 U.S.C. § 161)
Commercial drivers on duty	0.04%	Federal rule (49 CFR § 382.201)

You can also be charged below these numbers if your driving was impaired, and drug-impaired driving is covered by the same laws in most states.

Variants of the question

People search this as "dui vs dwi", "difference between dui and dwi", "dui versus dwi" and "driving under the influence vs driving while impaired". The answer is the same: check the exact charge on your citation and the statute it names, because that, not the abbreviation, sets the penalty.

What to check on your charge

1. Which statute and subsection are listed?
2. Is it a misdemeanor, a felony or, as with a first DWAI in New York, an infraction?
3. Is there a separate license suspension at the motor vehicle agency, and what's the deadline to contest it?
4. Does a prior offense within your state's look-back period raise the charge? See how long a DUI stays on your record.
5. What will the case cost? Our DUI lawyer cost guide adds up fines, interlock and insurance.