Guide
DUI vs DWI: What's the Difference?
The short answer? It depends on your state.
Last updated: March 4, 2026
The short answer: DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) refer to the same basic offense — driving while impaired by alcohol or drugs. But the term your state uses, and what it means legally, varies. In Texas, DWI applies to adults 21+ while DUI is for minors. In California and Florida, DUI is the only term. In some states, DWI is actually the more serious charge. Below is exactly what each term means in every state.
What Does Your State Call It?
| State | Term | What It Covers |
|---|---|---|
| Alabama | DUI | Alabama charges DUI (Driving Under the Influence) under Ala. Code §32-5A-191, covering 0.08 or more, being under the influence of alcohol or drugs, and lower limits for drivers under 21 (0.02) and commercial or school bus drivers (0.04). |
| Alaska | DUI | The statute, AS 28.35.030, is titled operating a vehicle, aircraft, or watercraft while under the influence. The Alaska Court System and the DMV both call it DUI, so this guide does too. Refusing a chemical test is a separate crime (AS 28.35.032) with the same mandatory minimums as DUI. Drivers under 21 can also be cited for minor operating after consuming, a non-criminal offense. |
| Arizona | DUI | Arizona uses DUI (Driving Under the Influence) for every tier: standard DUI (§28-1381), extreme DUI at 0.15 or more and super extreme DUI at 0.20 or more (§28-1382), and aggravated DUI, a felony (§28-1383). |
| Arkansas | DWI | Arkansas uses DWI (Driving While Intoxicated) for adults at 0.08 or more or impaired by alcohol or drugs. DUI (Driving Under the Influence) is a separate, lesser offense for drivers under 21 with a BAC of 0.02 to 0.079. BWI and BUI are the boating versions. |
| California | DUI | California uses DUI (Driving Under the Influence) under Vehicle Code §23152 for adults and §23153 when someone is injured. A reduced plea to alcohol-related reckless driving (“wet reckless,” §23103.5) still counts as a prior. |
| Colorado | DUI | Colorado has two levels. DUI (Driving Under the Influence) applies at 0.08 or when you are substantially impaired. DWAI (Driving While Ability Impaired) is a lesser offense for impairment to the slightest degree, with a permissible inference above 0.05. DWAI priors count the same as DUI priors. |
| Connecticut | DUI | The statute, C.G.S. §14-227a, makes it a crime to operate a motor vehicle “while under the influence,” so you may see OUI in Judicial Branch materials. The Connecticut DMV and the General Assembly’s research office both call it DUI, so this guide uses DUI. |
| Delaware | DUI | Delaware charges DUI (driving under the influence) under 21 Del. C. §4177. A BAC of 0.08 or more, or any drug presence covered by the statute, is conclusive evidence of DUI. Drivers under 21 can also lose their license under the zero-tolerance law (§4177L) at 0.02. |
| Florida | DUI | Florida uses DUI (Driving Under the Influence) under §316.193, Florida Statutes. Drivers under 21 with a BAC of 0.02 or more face a separate administrative “zero tolerance” suspension under §322.2616. |
| Georgia | DUI | Georgia uses DUI (Driving Under the Influence) for alcohol and drugs, under O.C.G.A. §40-6-391. Georgia’s per se limits are 0.08 for adults, 0.04 for commercial drivers, and 0.02 for drivers under 21. |
| Hawaii | OVUII | Hawaii charges OVUII: Operating a Vehicle Under the Influence of an Intoxicant (HRS §291E-61). It covers alcohol and drugs. People often say “DUI,” but OVUII is the charge on the paperwork. A third OVUII within ten years is charged as Habitually OVUII, a felony. |
| Idaho | DUI | Idaho calls the offense DUI (driving under the influence) under Idaho Code §18-8004. A BAC of 0.20 or more is a separate, harsher “excessive alcohol concentration” offense under §18-8004C. |
| Illinois | DUI | Illinois uses DUI (Driving Under the Influence) for alcohol, drugs, and intoxicating compounds. A DUI that involves serious injury, death, a child passenger who is hurt, or a third offense is charged as Aggravated DUI, a felony. |
| Indiana | OWI | Indiana calls the offense OWI (Operating While Intoxicated), Ind. Code ch. 9-30-5. Older documents may say OVWI or DUI, but OWI is the term used in Indiana courts and by the BMV. |
| Iowa | OWI | Iowa calls the offense OWI (Operating While Intoxicated) under Iowa Code chapter 321J. It covers driving under the influence of alcohol or drugs, driving at 0.08 or more, and driving with any amount of certain controlled substances in your body. Iowa does not use the terms DUI or DWI. |
| Kansas | DUI | Kansas uses DUI (Driving Under the Influence) under K.S.A. 8-1567. It covers a BAC of 0.08 or more and impairment by alcohol or drugs. A separate statute, K.S.A. 8-1567a, covers drivers under 21 at 0.02 or more; it is an administrative suspension, not a DUI conviction. |
| Kentucky | DUI | Kentucky uses DUI (Driving Under the Influence), charged under KRS 189A.010 as operating or being in physical control of a motor vehicle under the influence. Drivers under 21 face a separate, lower 0.02 standard. |
| Louisiana | DWI | The statute, R.S. 14:98, calls the crime “operating a vehicle while intoxicated” (OWI), and that wording appears on court papers. The Office of Motor Vehicles, the Legislature’s own bill digests, and most people in Louisiana call it DWI, so this guide uses DWI. They mean the same offense. Drivers under 21 face license action at 0.02. |
| Maine | OUI | Maine calls the offense OUI (Operating Under the Influence). It covers driving while under the influence of intoxicants or with an alcohol level of 0.08 or more. There is no separate lesser offense like DWAI; aggravating factors raise the minimum penalties instead. |
| Maryland | DUI | Maryland has two separate offenses. DUI (Driving Under the Influence) covers driving at 0.08 or more, or while under the influence of alcohol. DWI (Driving While Impaired) is a lesser offense for being impaired by alcohol. Officers often charge both, and either can lead to an MVA suspension. |
| Massachusetts | OUI | Massachusetts calls the offense OUI (Operating Under the Influence), M.G.L. c. 90 §24. You may also see it called OUI liquor or OUI drugs. DUI and DWI are not the legal terms here. |
| Michigan | OWI | Michigan charges OWI (Operating While Intoxicated). A BAC of 0.17 or more is “High BAC,” often called the “super drunk” law. Lesser charges include OWVI (Operating While Visibly Impaired), and drivers under 21 face a separate Zero Tolerance charge. |
| Minnesota | DWI | Minnesota charges DWI (Driving While Impaired) for alcohol, drugs, or both. It is graded by degree: fourth-degree (least serious) through first-degree (felony), based on aggravating factors such as prior offenses, a 0.16 or higher test, or a child in the car. |
| Mississippi | DUI | Mississippi calls the offense DUI (driving under the influence) under Miss. Code §63-11-30. Drivers under 21 can be charged under the separate “Zero Tolerance for Minors” provision at 0.02. Refusing the chemical test is handled as a separate license action. |
| Missouri | DWI | Missouri charges DWI (Driving While Intoxicated) under RSMo 577.010. A separate offense, Driving with Excessive Blood Alcohol Content (RSMo 577.012), covers driving at 0.08 or more. Both count as intoxication-related traffic offenses for prior-offender purposes. |
| Montana | DUI | Montana uses DUI for both impaired driving and DUI per se (0.08 or more). Aggravated DUI is a separate, higher-penalty offense, including a BAC of 0.16 or more. Laws were renumbered in 2021 from 61-8-4xx to 61-8-10xx, so older paperwork may cite different section numbers. |
| Nebraska | DUI | Nebraska law calls the offense driving under the influence (DUI) under Neb. Rev. Stat. §60-6,196. Drivers under 21 face a separate license action at 0.02. Refusing a chemical test is its own crime and also triggers ALR. |
| Nevada | DUI | Nevada uses DUI (Driving Under the Influence) under NRS chapter 484C. It covers alcohol at 0.08 or more, impairment by alcohol or drugs, and set levels of certain prohibited substances. Nevada does not use the term DWI. |
| New Hampshire | DWI | New Hampshire charges DWI (driving while intoxicated, RSA 265-A:2) and a more serious aggravated DWI (RSA 265-A:3) for things like a 0.16 BAC or a child passenger. People often say “DUI”; it means the same charge. |
| New Jersey | DWI | New Jersey calls it DWI (Driving While Intoxicated, N.J.S.A. 39:4-50). It is a motor vehicle offense heard in municipal court, not a crime. Refusing a breath test is a separate offense (N.J.S.A. 39:4-50.4a). |
| New Mexico | DWI | New Mexico calls the offense DWI (Driving While Intoxicated), though the statute (§66-8-102 NMSA) is titled driving under the influence of intoxicating liquor or drugs. Aggravated DWI applies at 0.16 or more, after causing bodily injury, or after refusing a test. |
| New York | DWI | New York charges DWI (Driving While Intoxicated) at 0.08 BAC or higher, and Aggravated DWI at 0.18 or higher. DWAI (Driving While Ability Impaired) is a lesser charge: by alcohol it is a traffic infraction, and a BAC above 0.05 can be used as evidence of it. Drivers under 21 with 0.02 to 0.07 face a separate DMV “Zero Tolerance” case, not a criminal charge. |
| North Carolina | DWI | North Carolina’s statutes call the offense “impaired driving” (G.S. 20-138.1), and courts and the DMV call it DWI. There is no separate DUI offense. Drivers under 21 face a separate charge for driving with any alcohol in their body. |
| North Dakota | DUI | North Dakota uses DUI (driving under the influence) and treats actual physical control (APC) of a vehicle while impaired the same way. A first DUI at 0.16 or more is an aggravated first offense with mandatory jail. |
| Ohio | OVI | Ohio calls the offense OVI (Operating a Vehicle Impaired). It covers alcohol and drugs and applies to “operating,” not only driving. Drivers under 21 at 0.02 to under 0.08 are charged with OVUAC (Operating a Vehicle After Underage Alcohol Consumption). |
| Oklahoma | DUI | Oklahoma charges Driving Under the Influence (DUI) under 47 O.S. §11-902, which also covers being in actual physical control (APC) of a vehicle. Since November 1, 2025 (SB 54), aggravated DUI, including a BAC of 0.15 or more, is a felony. Oklahoma also has a lesser “driving while impaired” (DWI) charge. |
| Oregon | DUII | Oregon calls the offense DUII: Driving Under the Influence of Intoxicants (ORS 813.010). It covers alcohol, cannabis, controlled substances, and inhalants. You will rarely see “DUI” or “DWI” in Oregon court or DMV paperwork. |
| Pennsylvania | DUI | Pennsylvania uses DUI (Driving Under the Influence) for every level. The penalty depends on which BAC tier you fall in: General Impairment (0.08 to under 0.10), High Rate (0.10 to under 0.16), or Highest Rate (0.16 or more). A test refusal or a controlled-substance DUI is sentenced at the Highest Rate. |
| Rhode Island | DUI | Rhode Island charges DUI (driving under the influence of liquor or drugs) under R.I. Gen. Laws §31-27-2. Refusing a chemical test is a separate civil charge under §31-27-2.1, heard at the Traffic Tribunal. Drivers under 21 at 0.02 to under 0.08 are charged with Driving While Impaired (DWI). |
| South Carolina | DUI | South Carolina charges DUI (Driving Under the Influence) under §56-5-2930 and a separate DUAC (Driving with an Unlawful Alcohol Concentration, 0.08 or more) under §56-5-2933. Penalties are tiered by alcohol concentration: under 0.10, 0.10 to 0.16, and 0.16 or more. |
| South Dakota | DUI | South Dakota charges DUI (driving under the influence) under SDCL §32-23-1, which covers alcohol, drugs, and other intoxicants. Drivers under 21 face a separate Class 2 misdemeanor at 0.02 or more under §32-23-21. |
| Tennessee | DUI | Tennessee calls the offense DUI (Driving Under the Influence), Tenn. Code Ann. §55-10-401. Refusing a test is a separate implied consent violation, charged on its own warrant and decided by the court, not the DUI charge itself. |
| Texas | DWI | Texas charges adults with DWI (Driving While Intoxicated). "DUI" in Texas is a separate, lesser offense for drivers under 21 with any detectable alcohol. |
| Utah | DUI | Utah uses DUI (Driving Under the Influence) under Utah Code 41-6a-502. Utah also has a separate “Not a Drop” violation for drivers under 21 with any alcohol in their system, and a lesser impaired driving plea under 41-6a-502.5. |
| Vermont | DUI | Vermont’s statute, 23 V.S.A. § 1201, prohibits operating a vehicle under the influence. The Legislature, prosecutors, and the DMV call it DUI. Drivers under 21 at 0.02 or more commit a separate civil violation (§ 1216), not a criminal DUI. |
| Virginia | DUI | Virginia’s Code calls the offense “driving while intoxicated” (§ 18.2-266), and court forms often say DWI. The DMV and most public materials say DUI. They are the same offense. |
| Washington | DUI | Washington charges DUI (Driving Under the Influence) under RCW 46.61.502. A related offense, Physical Control (RCW 46.61.504), covers being in actual physical control of a vehicle while impaired, even if you weren’t driving. Drivers under 21 can be charged with a separate minor DUI at 0.02 or more. |
| West Virginia | DUI | West Virginia calls the offense DUI (driving under the influence) under W. Va. Code §17C-5-2. A BAC of 0.15 or more is a more serious aggravated DUI. Drivers under 21 face a separate offense at 0.02. |
| Wisconsin | OWI | Wisconsin calls it OWI (Operating While Intoxicated). A related charge, PAC (operating with a Prohibited Alcohol Concentration), is usually filed alongside it. A first OWI is normally a civil forfeiture, not a crime. |
| Wyoming | DUI | Wyoming’s statute, W.S. 31-5-233, covers driving or having control of a vehicle while under the influence. WYDOT’s license documents call it DWUI (driving while under the influence); the Legislature’s staff and WYDOT’s statute handout call it DUI. They are the same offense. |
31 states use DUI, 10 use DWI, and 9 use another term (OVUII, OWI, OUI, OVI, DUII). The underlying offense — driving while impaired — is illegal everywhere.
Quick Answer
DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) both mean impaired driving. The difference is which term your state uses. Some states use DUI, some use DWI, and some use both with different meanings. The charges and penalties are equally serious regardless of what it's called.
DUI and DWI Mean the Same Thing (Mostly)
Both terms describe the same crime: operating a vehicle while impaired by alcohol or drugs.
DUI
Driving Under the Influence
DWI
Driving While Intoxicated (or Impaired)
The difference isn't about severity — it's about geography. Different states chose different terminology when writing their laws.
Think of it like "soda" vs "pop" — same thing, different name depending on where you live.
States That Call It "DUI"
States That Call It "DWI"
States Where the Terms Mean Different Things
Some states have two levels of charge with different names. Others use one term for everything:
Texas
- • DWI (Driving While Intoxicated) = Adult offense, BAC 0.08+
- • DUI = Minors only (under 21, any detectable alcohol)
New York
- • DWI = BAC 0.08 or higher (more serious)
- • DWAI = Driving While Ability Impaired — impaired to any extent (less serious). A BAC above 0.05 but below 0.08 is evidence of it, not a separate limit.
- • Drivers under 21 with 0.02–0.07 face a DMV Zero Tolerance case, not a criminal DUI charge
Colorado
- • DUI = Driving Under the Influence, BAC 0.08+ (more serious)
- • DWAI = Driving While Ability Impaired, impaired to the slightest degree (less serious)
Minnesota
- • DWI = The only charge. It covers alcohol, controlled substances, and other impairing substances.
- • Minnesota has no separate DUI offense — severity is set by degree (fourth degree up to first-degree felony)
The key: In states that use both, one is typically more serious than the other. Check your state's specific laws.
Does the Name Affect Your Case?
No. Whether you're charged with DUI, DWI, OVI, or DUII:
The penalties are serious
You could lose your license
You could face jail time
It goes on your record
Your insurance will skyrocket
The name is just terminology. The consequences are real regardless.
What Actually Matters for Your Case
Instead of worrying about DUI vs DWI, focus on:
1
Your BAC level
Higher BAC = worse penalties
2
First offense vs repeat
Penalties increase dramatically for repeat offenses
3
Aggravating factors
Accident, injury, minor in car, excessive speed
4
Your state's laws
Penalties vary widely by state
5
Your timeline
Most states have 10–30 day deadlines to save your license
DUI vs DWI by State (Quick Reference)
| State | Term | BAC Limit |
|---|---|---|
| Alabama | DUI | 0.08% |
| Alaska | DUI | 0.08% |
| Arizona | DUI | 0.08% |
| Arkansas | DWI | 0.08% |
| California | DUI | 0.08% |
| Colorado | DUI/DWAI | 0.08% / 0.05% |
| Connecticut | DUI | 0.08% |
| Delaware | DUI | 0.08% |
| Florida | DUI | 0.08% |
| Georgia | DUI | 0.08% |
| Hawaii | DUI | 0.08% |
| Idaho | DUI | 0.08% |
| Illinois | DUI | 0.08% |
| Indiana | OWI | 0.08% |
| Iowa | OWI | 0.08% |
| Kansas | DUI | 0.08% |
| Kentucky | DUI | 0.08% |
| Louisiana | DWI | 0.08% |
| Maine | OUI | 0.08% |
| Maryland | DUI/DWI | 0.08% / 0.07% |
| Massachusetts | OUI | 0.08% |
| Michigan | OWI | 0.08% |
| Minnesota | DWI | 0.08% |
| Mississippi | DUI | 0.08% |
| Missouri | DWI | 0.08% |
| Montana | DUI | 0.08% |
| Nebraska | DUI | 0.08% |
| Nevada | DUI | 0.08% |
| New Hampshire | DWI | 0.08% |
| New Jersey | DWI | 0.08% |
| New Mexico | DWI | 0.08% |
| New York | DWI/DWAI | 0.08% |
| North Carolina | DWI | 0.08% |
| North Dakota | DUI | 0.08% |
| Ohio | OVI | 0.08% |
| Oklahoma | DUI | 0.08% |
| Oregon | DUII | 0.08% |
| Pennsylvania | DUI | 0.08% |
| Rhode Island | DUI | 0.08% |
| South Carolina | DUI | 0.08% |
| South Dakota | DUI | 0.08% |
| Tennessee | DUI | 0.08% |
| Texas | DWI | 0.08% |
| Utah | DUI | 0.05%LOWEST |
| Vermont | DUI | 0.08% |
| Virginia | DUI/DWI | 0.08% |
| Washington | DUI | 0.08% |
| West Virginia | DUI | 0.08% |
| Wisconsin | OWI | 0.08% |
| Wyoming | DUI | 0.08% |
Note: Utah has the lowest BAC limit in the nation at 0.05%.
Frequently Asked Questions
It depends on the state. In Texas, DWI is the adult charge and DUI is a separate, lesser offense for drivers under 21. New York has no DUI charge — its lesser offense is DWAI (Driving While Ability Impaired). In most other states, DUI and DWI refer to the same offense.
In states that distinguish between the two (like Texas and New York), a prosecutor may agree to reduce a DWI to a lesser charge as part of a plea deal. This varies by jurisdiction and the specifics of your case.
Generally yes. Most states will recognize an out-of-state DUI/DWI conviction as a prior offense. This means a second DUI in a new state could be treated as a repeat offense with enhanced penalties.
This varies dramatically by state. Some states have lookback periods of 5-10 years, while others keep DUI convictions on your record permanently. See our state-specific guides for details.
APC (Actual Physical Control) is used in Oklahoma and some other states. It means you were in control of a vehicle while impaired, even if you weren't actively driving. You can get an APC charge for sitting in a parked car with the keys.
Regardless of what your state calls it, an impaired driving charge is serious and can result in jail time, license suspension, and a criminal record. Most people benefit from consulting with an attorney who specializes in DUI/DWI defense.
The Bottom Line
DUI and DWI are different names for the same crime. What matters isn't what your state calls it — what matters is:
Understanding your deadlines
Knowing the penalties you face
Taking action quickly
If you've been arrested, stop Googling terminology and start taking action.