Wichita Bail Bonds Blog

In the United States, the terms “DUI” (Driving Under the Influence) and “DWI” (Driving While Intoxicated or Impaired) are both used to describe offenses involving impaired driving. Yet, different states use different terminology depending on how their laws are written. While the underlying offense is similar, operating a vehicle while impaired by alcohol or drugs, the terms and legal distinctions can differ significantly from one state to another.

States That Primarily Use DWI

Some states use “DWI” as their official legal term. In these states, DWI may refer specifically to alcohol-related impairment or be used broadly to include drug impairment as well. States that primarily use DWI include,

• New York
• Texas
• North Carolina
• Maryland
• New Mexico
• Missouri
• New Jersey
• Arkansas
• Louisiana
• Delaware

States That Primarily Use DUI

Most U.S. states use “DUI” as the main term for impaired driving. In these states, DUI often includes both alcohol and drug-related impairment. Examples include,

• California
• Florida
• Arizona
• Illinois
• Colorado
• Georgia
• Oregon
• Washington
• South Carolina
• Nevada

States That Use Both Terms

Some states use both DUI and DWI, but apply them differently. For example,

• Texas – DWI is used for adults over 21, while DUI is applied to minors under 21 who are caught driving with any detectable alcohol.
• Maryland – DUI is used for higher levels of impairment, while DWI applies to cases where the driver is impaired but below the DUI threshold.

Other Terminology

A few states use alternative terms such as,

• OWI – Operating While Intoxicated (e.g., Indiana, Wisconsin, Iowa)
• OUI – Operating Under the Influence (e.g., Massachusetts, Maine)
• DWAI – Driving While Ability Impaired (e.g., Colorado, New York)

Why the Differences Matter

The choice of term isn’t just cosmetic; it can reflect important legal distinctions. In some states, the difference between DUI and DWI refers to the level of impairment or the substance involved (alcohol vs. drugs). In others, the terms might apply to age categories or legal thresholds like blood alcohol content (BAC). The penalties, license suspensions, and long-term consequences can also differ based on how the offense is labeled.

The terms DUI and DWI are often used interchangeably in conversation, but in legal terms, the meaning depends on the state. While most states use DUI, many use DWI as the primary offense label, and some use both for different situations. Knowing which term your state uses, and how it defines it, can affect how charges are handled in court. Always check with a qualified attorney or review state-specific statutes to understand the local laws on impaired driving.