DUI vs DWI: What's the difference?

If you've been arrested for drunk driving, you might be wondering what the difference is between a DUI and a DWI. In this blog post, we will explore the differences between these two offenses and help you understand which one applies to your situation. Keep in mind that the penalties for each offense can vary depending on your state's laws, so it's important to speak with an attorney if you have any questions or concerns.

• What is DUI?
• What is DWI?
• DUI and DWI violations and penalties
• First time offense
• Second time offense
• Third time offense
• DWI vs DUI: What's the Difference?
• DWI and DUI charge: Which is worse?
• What to do if a DWI or DUI offense occurs?
• What are the consequences of a DUI or DWI?
• Get a proper legal outcome with an experienced DUI/DWI defense attorney

DUI refers to "driving under the influence." This offense is typically charged when a driver is caught operating a vehicle while impaired by alcohol or drugs. In some states, driving under the influence can also be charged if a driver is found to have a blood alcohol content (BAC) of 0.08% or higher.

A DUI charge is usually a misdemeanor offense, but it can be elevated to a felony in certain circumstances. For example, if you are convicted of DUI and you have prior DUI convictions on your record, or if you caused an accident that resulted in serious injuries or death.

A DUI offense can result in a driver's license suspension, fines, and even jail time. The penalties will vary depending on the circumstances of the offense and the state where it occurred, but we will discuss some general penalties below.

You might be interested: 5 things to know if you are arrested for a DUI in texas

DWI stands for "driving while intoxicated." This offense is typically charged when a driver is caught operating a vehicle while impaired by alcohol. In some states, a DWI can also be charged if a driver is found to have a BAC of 0.08% or higher.

Also, DWI refers to Driving while ability impaired (DWAI), in which the driver's BAC is lower than 0.08% in the breathalyzer test, but still high enough to be considered impaired. DWAI is usually a traffic offense, but in some states it can be charged as felony in certain circumstances.

In many states, a DUI charge is categorized as a misdemeanor, but it can be elevated to a felony in some situations. A DWI charge can result in a driver's license suspension, fines, and even jail time. The penalties will vary depending on the circumstances of the offense and the state where it occurred, but we will discuss some general penalties below.

Generally speaking, the penalties for both a DWI or DUI offense will depend on the severity of the offense and whether it is a first, second, or third time violation. Depending on the state's legal limit, a driver can be charged after failing a field sobriety test, or if their BAC is over the legal limit.

A first time DUI or DWI offense is typically a misdemeanor, but it can still result in a driver's license suspension, fines, and mandatory alcohol education classes. According to the Texas Penal Code, a first time DWI offense is punishable by a fine of up to $2000 and a jail sentence of up to 180 days. The legal limit for Blood Alcohol Concentration (BAC) in Texas is 0.08%.

A second DUI or DWI offense is usually a felony, and it can result in much harsher penalties than a first offense. For example, in the state of Texas, a second DWI offense is punishable by a fine of up to $4000 and a jail sentence of up to one year.

A third DUI or DWI offense is a felony in most states, and it can result in even harsher penalties than a first or second offense. For example, in the state of Texas, a third DWI offense is punishable by a fine of up to $10000 and a jail sentence of up to ten years.

A DUI and a DWI are both serious offenses that can result in harsh penalties, but there are some key differences between the two.

DUI is typically charged when a driver is caught operating a motor vehicle while impaired by alcohol or drugs, while DWI is typically charged when a driver is caught operating a vehicle while impaired by alcohol.

In many states, DUI is categorized as a misdemeanor, while DWI is usually a felony. DUI charges can result in a driver's license suspension, fines, and even jail time, while DWI charges can result in an even harsher penalties, including a longer driver's license suspension and a longer jail sentence. In Texas, for example, a first time DUI offense is only punishable by a fine of up to $500 and no jail time.

DWI generally refers to "driving while intoxicated" as we mentioned, which means that a driver was caught operating a vehicle while impaired by alcohol.



DWI offenses can result in a driver's license suspension, fines, and even jail time. The penalties for DWI will vary depending on the severity of the offense.

A DWI arrest can be a very serious matter, and it is important to know your rights if you are ever pulled over and charged with this offense. If you have been charged with a DWI, you should contact an experienced criminal defense attorney who can help you navigate the legal process and fight for your rights.

The penalties for both offenses can vary depending on the severity of the offense and the state where it occurred, but we have outlined some general penalties above. If you are ever charged with either a DUI or a DWI, it is important to contact an experienced criminal defense attorney who can help you navigate the legal process and fight for your rights.

Impaired driving laws vary from state to state, so it's important to speak with an attorney if you have been charged with either a DUI or DWI. A DUI and a DWI are both serious offenses that can result in harsh penalties. However, a DWI is typically considered to be more serious than a DUI. This is because a DWI typically involves alcohol, which is more impairing than drugs.

Additionally, a DWI is more likely to result in an accident than a DUI. This is because alcohol impairs a driver's judgment and reaction time, which can make it more difficult to avoid an accident.

In some states, like Texas, a DUI is punishable by a fine of up to $2000 and up to 180 days in jail, while a DWI is punishable by a fine of up to $4000 and up to one year in jail. But there are other states where the penalties for a DWI, DUI there is no legal difference, so the local law includes a separate impaired driving classification.

The best way to avoid the penalties associated with a DUI or DWI is to avoid driving while impaired. If you are going to drink, make sure to have a designated driver. And if you are taking medication, make sure to check the label to see if it will impair your ability to drive.

If you have been charged with a DUI or DWI, it is important to speak with an attorney to discuss your options. An attorney can help you understand the charges against you and the potential penalties that you may be facing.

If you have been charged with a DWI or DUI, there are several things that you can do to help your case.

First, it is important to seek legal counsel. An experienced DUI/DWI attorney will be familiar with the laws in your state and can help you understand the charges against you and the potential penalties that you may be facing.

Second, it is important to gather evidence. This may include obtaining a copy of the police report, speaking with witnesses, and taking photos of the scene of the accident. If you were in the driver's seat, take photos of the interior of the car to show the position of the driver's seat, steering wheel, and pedals, since you can still be accused of the same charge.

Third, it is important to stay positive and cooperative. This means avoiding anything that could make your situation worse, such as missing court dates or failing to complete court-ordered DUI classes. If the officer believes that the driver is a danger to themselves or others, they may arrest the driver on the spot. In some states, a first DUI offense can result in a driver's license suspension for up to one year, and the offender may be required to install an ignition interlock device on their vehicle. 

Finally, it is important to be prepared for the consequences. This includes being prepared to pay fines, attend alcohol education classes, and potentially serve jail time.

While both DUI and DWI charges can be overwhelming, it is important to remember that you have options. The legal consequences of a DUI or DWI charge can be serious, but an experienced attorney can help you navigate the legal process and fight for the best possible outcome in your case.

The consequences of a DUI or DWI can be serious. It depends on the severity of the offense and the state where it occurred, or if illegal drugs, the driver's age is below the legal drinking age, a minor in the vehicle, an accident caused by the impaired driver.

In the case of an aggravated DWI, the law enforcement officer may charge the driver with a felony.

As we stated in our previous blog: How a criminal record can impact your professional life? A criminal record can have a serious impact on your ability to find employment, housing, and obtain professional licenses.

A DUI or DWI can also result in the loss of your driver's license and driving privileges. In some states, a first offense can result in a suspension of your driver's license for up to a year. Your driving record will also be impacted, which can lead to higher insurance rates. Remember that the insurance industry is a for-profit industry, and they will charge you more if they believe that you are a higher risk.

In addition to the legal penalties, a DUI or DWI can also result in higher insurance rates and affect your insurance record. Your insurance company may label you as a high-risk driver, which can result in higher premiums in your car insurance rates. Your car insurance rates may also go up if you are required to file an SR-22 insurance form.

Also read: How do you Determine Who is At Fault in a Car Accident?

A DUI or DWI can also have a lasting impact on your personal life. It can strain relationships and cause financial problems, as well as other factors like community service, Ignition Interlock Device installed or alcohol treatment can be required. If you or someone you know has been charged with a DUI or DWI, it is important to seek legal counsel as soon as possible.

The difference between DUI and DWI can be confusing, but the consequences of either charge are serious. If you or a loved one has been arrested for driving under the influence of alcohol, drugs or in some states, prescription medication, it is important to seek legal counsel as soon as possible.

The sooner you contact an attorney, the better chance you have at a favorable outcome. An experienced DUI/DWI defense attorney will know how to navigate the legal process and fight for the best possible outcome in your case.

The Law Office of Rolando Cantu has successfully defended clients against DWI charges, DWI expungement from their criminal records, and have their driver's licenses reinstated. Our experienced DWI defense attorney will fight for the best possible outcome in your case. Contact us today for a free consultation!