DUI vs. DWI: What's the Difference?
DUI, DWI, OWI, OUI, and OVI are different names states use for impaired-driving offenses. Which term applies depends on how each state's statute is written: some say driving "under the influence," others "while intoxicated," "while impaired," or "operating" a vehicle. Some states, such as New York, use more than one term for different levels of the offense. The elements and penalties are set by each state's law.
What the law says
- California's statute makes it unlawful for a person who is under the influence of any alcoholic beverage, or who has 0.08 percent or more alcohol in their blood, to drive a vehicle; driving under the influence of any drug is also unlawful. California Vehicle Code section 23152
- California's DMV refers to the offense as Driving Under the Influence (DUI). California DMV, Driving Under the Influence (DUI)
- New York's Vehicle and Traffic Law section 1192 is titled "Operating a motor vehicle while under the influence of alcohol or drugs" and separately prohibits driving while ability impaired, driving with a .08 alcohol concentration, and driving while in an intoxicated condition. New York Vehicle and Traffic Law section 1192
- In New York, a violation of the driving-while-ability-impaired subdivision is a traffic infraction, while a first driving-while-intoxicated violation is a misdemeanor. New York Vehicle and Traffic Law section 1193
- Minnesota names the offense "driving while impaired" and sorts it into first-, second-, third-, and fourth-degree driving while impaired. Minnesota Statutes section 169A.20, Driving While Impaired
- Michigan's statute prohibits "operating while intoxicated," defined to include being under the influence of alcoholic liquor, a controlled substance, or another intoxicating substance, or having an alcohol content of 0.08 grams or more (with a scheduled change to 0.10 tied to a state treasurer certification). Michigan Compiled Laws section 257.625
- Wisconsin's statute is titled "Operating under influence of intoxicant or other drug." Wisconsin Statutes section 346.63
- Maine's statute is titled "Criminal OUI" and says a person commits OUI by operating a motor vehicle while under the influence of intoxicants or with an alcohol level of 0.08 grams or more. Maine Revised Statutes Title 29-A, section 2411, Criminal OUI
- Ohio's statute is titled "Operating vehicle under the influence of alcohol or drugs - OVI" and applies to operating any vehicle, streetcar, or trackless trolley in the state. Ohio Revised Code section 4511.19
FAQ
Is a DUI the same as a DWI?
They are names different states use for impaired-driving offenses. California's DMV uses DUI; New York's law uses driving while intoxicated and driving while ability impaired as separate offenses.
What does OVI stand for?
Ohio's statute is titled operating vehicle under the influence of alcohol or drugs, or OVI.
What does OUI mean?
Maine's statute uses OUI for operating under the influence of intoxicants or with an alcohol level of 0.08 grams or more.
Does the name change the penalties?
Penalties are set by each state's law, not by the label. In New York, for example, driving while ability impaired is a traffic infraction, while a first driving-while-intoxicated violation is a misdemeanor.
Related
- Can You Go to Canada With a DUI?
- Do I Need a Lawyer for a DUI?
- Do I Need a Lawyer for Traffic Court?
- How Much Does a DUI Lawyer Cost?
- How Much Does a Speeding Ticket Lawyer Cost?
- How to Fight a Parking Ticket
- Is a DUI a Felony?
- Traffic Tickets & DUI by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.