To the layman, driving under the influence (DUI) or driving while intoxicated or impaired (DWI) are the same thing. It’s understandable that most people would use these terms interchangeably even though they have different definitions and carry different penalties from state to state.
However, all states in the US can agree that neither are desirable scenarios. Therefore, whether you get a DUI or DWI, rest assured that serious consequences are coming your way since both affect your driving and criminal record.
But surely, there must be some difference between the two. So, really which is worse between a DUI or DWI? While the terms vary with each state, a DWI is considered more severe than a DUI in most places. That’s because a DWI usually signifies higher levels of intoxication compared to a DUI. As a result, a DWI tends to attract harsher penalties.
DUI vs. DWI Explained
Let’s start by explaining what each of the terms means so you get a better understanding of the two concepts, answering the question, “what’s the difference between DUI and DWI?” . Driving under the influence (DUI) means exactly that—you’re caught by a law official drunk driving. How do they ascertain this?
You have to breathe into a breathalyzer to find out the exact alcohol content in your bloodstream. The federal blood alcohol concentration (BAC) limit is 0.08%. The same limit applies in Virginia. However, some states are stricter, and the limits are lower, especially for commercial and underage drivers.
Underage drivers have a limit of 0.02%. However, note that a breathalyzer isn’t mandatory for you to be charged with a DUI offense. If the arresting officer sees you driving erratically or if you fail a field sobriety test, you’re automatically slammed with a DUI.
With regards to driving while impaired (DWI), some states charge drivers whose driving is impaired due to drugs or other substances which aren’t alcohol. Mind you, prescriptions and over-the-counter (OTC) drugs can fall under this category.
On the other hand, some states refer to DWI as driving while intoxicated. As such, they will treat the charges the same as a DUI. Arresting officers may also use a breathalyzer or field sobriety test to charge a DWI.
DUI And DWI Consequences
How a state deals with a DUI or DWI depends on how they define the terms. But in most cases, states that treat DWI and DUI as separate offenses usually consider driving while impaired as a more serious offense. The same states can even downgrade your DWI charge to DUI if your BAC is below 0.08%.
Each state also treats the charges differently. For example, a DWI is worse than a DUI in Arizona and never leaves your driving record. Virginia treats DUIs and DWIs the same and imposes the same penalties for both. Should you refuse to take a breathalyzer test, a 12-month license suspension follows as your resistance is an termed implied admission of guilt.
Whatever the case, you don’t want either of these acronyms on your driving record because they attract a world of consequences in your day-to-day life. From a legal standpoint, your license is either suspended or revoked. You may pay a fine, participate in mandated community service, or face jail time. From a social standpoint, both charges increase your car insurance rates, reduce your chances of securing employment, and negatively impact your background checks.
Conclusion
Different states treat DUI and DWI the same while others differentiate between them. States like Virginia, that consider both charges to be one and the same, spell out the acronym DWI as driving while intoxicated by alcohol.
Those that treat the terms differently spell out DWI as driving while impaired by drugs or other substances. And for the states that treat DUI and DWI differently, the latter carries a harsher sentence.
Terminologies differ between states and so do the consequent charges. In some states, a DWI doesn’t come off your record at all. Whichever the case, both are undesirable charges to have on your driving record.
Apart from tainting your driving record, they also give you a criminal record. Good luck trying to secure a job, apply for a home loan, rent a property, or apply for admission to a college. Using experienced DUI or DWI attorneys is a critical first step in being prepared for the process ahead.