Home › Guides › DUI vs. DWI: What's the Difference?
DUI defense guides

DUI vs. DWI: What's the Difference?

Confused about DUI versus DWI terminology? Here's a general, plain-English explanation of what these terms mean and why states differ.

Same core concept, different labels

DUI (driving under the influence) and DWI (driving while intoxicated or driving while impaired) generally describe the same underlying offense: operating a vehicle while impaired by alcohol or drugs. Which term a state uses is largely a matter of that state's specific statute language.

Some states use both terms for different situations

A handful of states use DUI and DWI to describe different severity levels or different types of impairment (for example, alcohol versus drugs), so it's worth understanding how your specific state defines each term.

Other related terms you might see

Some states use OWI (operating while intoxicated) or OUI (operating under the influence) instead of, or alongside, DUI and DWI. The underlying concept, driving while impaired, is generally consistent across these labels.

Why the label matters less than the specific statute

Regardless of which term applies, what actually determines the charge and potential consequences is your state's specific statute, the facts of the stop, and any test results, not the terminology alone.

Getting clarity on your specific charge

If you're unsure exactly what you've been charged with or what it means, your citation or arrest paperwork will reference a specific statute number, which an attorney can quickly explain in plain language.

Talk to a licensed DUI defense attorney

Free, confidential, no obligation.

Free case review

Frequently asked

Is a DWI worse than a DUI?
Not inherently. In states that use both terms, DWI sometimes refers to a more serious classification, but this varies — it's the underlying statute and facts that determine severity, not the label alone.
Does it matter which term my state uses?
Not for understanding your rights or options. What matters is the specific statute you're charged under and the facts of your case, which an attorney can explain.
General legal information for educational purposes only — not legal advice, and no attorney-client relationship is created. DUI/DWI consequences vary significantly by state and prior record; confirm details with a licensed attorney in your state.

Related guides

Talk to a DUI Attorney — Free