DWI vs. DUI in California: What's the Difference?
In the realm of traffic offenses, driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably, California being a state where the term DUI is used. For the most part, they are exactly the same.
DUI means operating a vehicle under the influence, whereas DWI pertains to driving while intoxicated. The equivalence of DUI and DWI varies from state to state—what is considered identical in one state might diverge in another, with the terms assuming distinct meanings.
DUI vs. DWI in California
DUI stands for “Driving Under the Influence,” while DWI stands for “Driving While Intoxicated.” Both refer to the act of operating a motor vehicle while adversely affected by alcohol, drugs, or a combination of substances, to a degree that impairs the driver’s ability to operate the vehicle safely and responsibly. In California, however, only the term DUI is used to encompass both alcohol and drug-related offenses.
A handful of states refer to drunk/drugged driving as a DWI such as Alaska, Louisiana, Minnesota, Missouri, New Jersey, New Mexico, New York, and North Carolina.
Abbreviations and Their Meanings
While California predominantly uses DUI as the go-to abbreviation, various states employ a range of legal shorthand to denote arrests related to impaired driving, including:
- DWI – Driving while intoxicated
- DWAI – Driving while ability impaired
- OVI – Operating a motor vehicle while under the influence
- DUID – Driving under the influence of drugs
- OWI – Operating while impaired/intoxicated
- OUI – Operating under the influence
Distinctions Across States
While California exclusively uses the term DUI, other states maintain distinct classifications for alcohol and drug-related driving offenses. For instance, some states use DUI for alcohol and drug-related offenses and DWI just for alcohol-related offenses. It’s essential for individuals to be aware of these differences, especially if they are charged with an offense in a state that distinguishes between DUI and DWI. Some states also utilize the term OWI (Operating While Intoxicated or Operating While Impaired).
States That Differentiate DUI vs. DWI
States such as Texas, Maryland and Arkansas differentiate between DUI and DWI, often assigning specific legal consequences and penalties to each. One charge is often the more serious of the two, with harsher penalties involved. For example, in Arkansas, a DUI means a driver under age 21 has a BAC between 0.02 and 0.08. A DWI is driving with a BAC at or above 0.08. In this case, a DWI is a more serious offense.
However in Maryland, a DUI charge occurs when a driver has a BAC at or above 0.08, and a DWI means the driver had a BAC between 0.07 and 0.08, showing signs of impairment. In this case, a DUI is a more serious offense.
DWI vs. DWAI
In New York, the terms DWI and DWAI are the common terms used for different offenses. Convictions for DUI typically carry more severe consequences compared to DWAI offenses. DWI penalties tend to be significantly harsher, leading to a more substantial impact on your daily routine and overall life.
DWI statutes are predominantly applied to instances of operating a vehicle under the influence of alcohol, with potential applicability in cases involving impairment from certain drugs. It represents a more severe offense compared to DWAI and often entails more substantial consequences.
While DWI penalties share some similarities with DWAI on the lower spectrum, they typically surpass them regarding fines, incarceration durations, and periods of license revocation. Additionally, individuals convicted of DWI may be mandated to install an ignition interlock device in their vehicle.
Getting in Touch with a DUI Attorney in Los Angeles
In California, the terms DUI and DWI are not used interchangeably, with DUI serving as the comprehensive term for both alcohol and drug-related driving offenses. Understanding the nuances of DUI laws in the state, as outlined in the California Vehicle Code, is essential for anyone facing charges. However, individuals should be mindful of potential differences in terminology and legal consequences in other states.
Consulting with a knowledgeable DUI attorney in Los Angeles is crucial to navigating the complexities of the legal system. Contact the Law Offices of Hart J. Levin to start building a strong defense tailored to the specific circumstances of your case.