DUI vs. DWI: What’s the Difference?

“In 2022, 13,524 people were killed in motor vehicle crashes involving alcohol-impaired drivers, accounting for 32% of all traffic-related deaths in the United States.”

By Published: February 17, 2026 2:01 AM EST Updated: February 17, 2026 2:08 AM EST 28480
Police officer conducting DUI sobriety test during nighttime traffic stop

Every state in the nation has a criminal code, and all 50 states have laws against driving while impaired. There are two common acronyms used: DUI and DWI. DUI stands for Driving Under the Influence, while DWI means Driving While Intoxicated. However, states often vary by jurisdiction, and more than 32 states use DUI as the stated offense, while 10 other states call it DWI, and some states use both terms interchangeably.

To be arrested for DUI or DWI means the operator of a vehicle is driving while under the influence of drugs or alcohol. The states of Florida and California use the DUI abbreviation, while New Hampshire mainly uses the DWI abbreviation and also arrests individuals for allegedly operating a boat or off-road vehicle while impaired.

Kills Thousands Every Year

The statistics are sobering. For example, in 2022, 13,524 people were killed in motor vehicle crashes involving alcohol-impaired drivers, accounting for 32% of all traffic-related deaths in the United States. When it comes to operating a vehicle while under the influence of drugs, these numbers present data limitations, so it is not known how many people die each year in crashes.

Despite the risks, millions of individuals of all ages get behind the wheel and drive while impaired. Police across the country arrest hundreds of thousands each year for driving under the influence of alcohol and/or drugs.

Both a Variation of the Same Law

DUI and DWI are relatively the same in how a state describes drugged or drunk driving. The charge is a serious criminal offense with consequences varying by state. Generally, after a motorist is busted for DUI or DWI and it's a first-time arrest, the charge is considered a misdemeanor, punishable by fines, a possible DUI suspension, and up to six months in jail. Under the law, a driver can be charged with DUI or DWI with a blood alcohol concentration (BAC) of 0.08 or higher.

In the United States, all drivers give implied consent to take a test by breath, blood, or urine if pulled over by the police. If you refuse to take a test, it can result in immediate license suspension, forfeiture of the vehicle, increased penalties or even jail time.

DUI or DWI: An Expensive Arrest

If law enforcement arrests you for driving while impaired, you will learn fast how costly it can become. It will depend on the state where you were busted, but even a first offense can run you anywhere between $500 and $2,000 or more. In some jurisdictions, you may be required to install an ignition interlock device (IID) at your own expense. This device requires the driver to blow into a unit installed on the car's dashboard. If the driver's blood alcohol content is over a certain level, the driver will not be able to start their vehicle.

You could also face enhanced penalties if the charge against you is a repeat offense or the BAC was double or more than the legal limit. Also, if a person was injured due to your impairment, if there were children in the vehicle, or if you were driving with a revoked license, those charges can mean additional fees, jail time and other consequences, such as mandatory rehabilitation programs.

The financial fallout can be steep, including auto insurance premiums, which can skyrocket by 95% or more.

Have You or Someone You Know Been Accused of DUI or DWI?

It can be stressful and complicated trying to navigate through a DUI/DWI process. That is why you need a highly skilled DUI lawyer by your side.

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Emily Wilson is a business strategist and editor at Business Outstanders, where she covers small business growth, entrepreneurship, and leadership. With over 3 years of experience in business content and strategy, she has helped hundreds of entrepreneurs navigate growth challenges through research-backed, actionable insights. Follow her work on LinkedIn.

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