DUI vs DWI: Are they the same thing? What’s the difference?

Justin Timberlake was recently arrested on Long Island for a DWI offence. DUI stands for driving under the influence, while DWI stands for driving while intoxicated or impaired. The incident has raised questions about the difference between DUI and DWI, two terms often used interchangeably but with distinct meanings in certain jurisdictions.

Both DUI and DWI refer to the illegal act of driving a vehicle while impaired by alcohol and/or drugs, though the primary difference lies in the level of impairment and the specific laws of each state. The level of impairment is often determined by the driver’s blood alcohol concentration (BAC) at the time of arrest.

How states deal with the two crimes

The distinction between DUI and DWI varies significantly across states. In 38 states, there is only one charge for drunk driving, although the charge can have different names depending on the jurisdiction. However, nine states make notable distinctions between the two terms:

Some states have different laws seperating the two legal terms:

Oklahoma law has both a DUI and a DWI, which are distinctly different charges with different punishments. A DUI is a predicate offense, meaning the punishment increases with subsequent convictions, whereas a DWI has the same punishment regardless of the number of convictions.

In New York, where Long Island is, DWI is the primary charge for drunk driving, and it is defined as operating a motor vehicle with a BAC of 0.08% or higher. Driving While Ability Impaired (DWAI), on the other hand, is defined as operating a motor vehicle with a BAC between 0.05% and 0.07%.