DUI Basics
DUI vs DWI vs OWI: What's the Difference?
What Is the Difference Between DUI and DWI?
In most states, DUI vs DWI is a difference in name only: both mean driving while impaired by alcohol or drugs, and each state picks the label its statute uses. Of the 51 jurisdictions (50 states and DC), 32 call the main offense DUI and 10 call it DWI. A few states use both words for two different charges, such as New York, where DWAI is a lower charge than DWI. Check your own state on the state list.
DUI vs DWI is mostly a question of vocabulary. Both terms describe the same thing: driving while alcohol or drugs affect you, or with a test result at or over the legal limit. Each state writes its own impaired-driving law, and the abbreviation you see on your citation is simply the name your state’s legislature chose.
That matters for one practical reason. When you search for the rules that apply to you, you need your state’s word. Someone charged in Texas searches “DWI.” Someone charged in Wisconsin searches “OWI.” The deadlines, penalties and license rules are on your state page, whatever the offense is called.
DUI vs DWI: Same Offense, Different Labels
DUI stands for driving under the influence. DWI usually stands for driving while intoxicated, though some states read it as driving while impaired. In a state that uses only one of the two names, there is no second, separate offense hiding behind the other one. Texas has DWI and no adult DUI. California has DUI and no DWI.
The legal test is also much the same under either name. Many states let the prosecutor prove the offense two ways:
- Impairment: you were under the influence, meaning alcohol or drugs affected your ability to drive, whatever your test result.
- Per se: your alcohol concentration was at or over the limit, whether or not you seemed impaired.
California shows both side by side. One subdivision makes it unlawful to drive under the influence of any alcoholic beverage, and the next makes it unlawful to drive with 0.08 percent or more alcohol in your blood (Cal. Veh. Code § 23152). Texas puts both into one definition: “intoxicated” means losing the normal use of your mental or physical faculties, or having an alcohol concentration of 0.08 or more (Tex. Penal Code § 49.01). The blood alcohol guide covers the limits state by state.
What Each Abbreviation Stands for
Seven different names appear as the main offense across the 50 states and DC. Here is what each means and where it is used.
| Term | What it stands for | Where it is the main offense name |
|---|---|---|
| DUI | Driving under the influence | 32 jurisdictions, including California, Florida, Pennsylvania and DC |
| DWI | Driving while intoxicated (or impaired) | 10 states, including Texas, New York, New Jersey and North Carolina |
| OWI | Operating while intoxicated | Indiana, Iowa, Michigan, Wisconsin |
| OUI | Operating under the influence | Maine, Massachusetts |
| OVI | Operating a vehicle under the influence | Ohio |
| OVUII | Operating a vehicle under the influence of an intoxicant | Hawaii |
| DUII | Driving while under the influence of intoxicants | Oregon |
The “O” words, operating instead of driving, can reach further than plain driving in some states. That is a separate question, covered in the guide to what OWI means.
Which States Say DUI, Which Say DWI
Of the 51 jurisdictions, DUI is the clear majority at 32. DWI is second at 10: Arkansas, Louisiana, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, New York, North Carolina and Texas. The remaining 9 use one of the operating-based or longer names: four OWI states, two OUI states, plus Ohio, Hawaii and Oregon with their own terms.
There is no regional rule you can rely on. Neighboring states often differ. Missouri says DWI while Kansas and Illinois say DUI. Indiana and Michigan say OWI while Illinois next door says DUI. Minnesota says DWI while Wisconsin says OWI.
The full list, with each state’s main term and the other names that appear in its law, is in the table below. Your state page has the rest: penalties, the license hearing deadline and the test limits.
What the State Calls It by State
| State | What the state calls it |
|---|---|
| DUI law in Alabama | DUI |
| DUI law in Alaska | DUI, Minor operating a vehicle after consuming alcohol (under 21) |
| DUI law in Arizona | DUI, Extreme DUI (0.15 or more), Aggravated DUI (felony) |
| DWI law in Arkansas | DWI, Underage DUI (under 21), BWI (boating while intoxicated) |
| DUI law in California | DUI |
| DUI law in Colorado | DUI, DWAI (driving while ability impaired), DUI per se, UDD (underage drinking and driving) |
| DUI law in Connecticut | DUI, OUI (operating under the influence), DWI |
| DUI law in Delaware | DUI |
| DUI law in District of Columbia | DUI, OWI (operating while impaired) |
| DUI law in Florida | DUI, driving under the influence, DUI manslaughter (when a death results) |
| DUI law in Georgia | DUI, driving under the influence, endangering a child by driving under the influence (child under 14 in the vehicle) |
| OVUII law in Hawaii | OVUII, operating a vehicle under the influence of an intoxicant, habitually operating a vehicle under the influence of an intoxicant (felony), operating a vehicle after consuming a measurable amount of alcohol (under 21) |
| DUI law in Idaho | DUI, driving under the influence of alcohol, drugs or any other intoxicating substances, aggravated DUI (felony, injury), excessive alcohol concentration (0.20 or more) |
| DUI law in Illinois | DUI, aggravated DUI (felony), statutory summary suspension (administrative) |
| OWI law in Indiana | OWI, operating a vehicle while intoxicated, operating with an ACE (alcohol concentration equivalent) of 0.08 or more |
| OWI law in Iowa | OWI, operating while intoxicated, zero tolerance revocation (under 21) |
| DUI law in Kansas | DUI |
| DUI law in Kentucky | DUI |
| DWI law in Louisiana | DWI, OWI (operating a vehicle while impaired), underage operating while impaired |
| OUI law in Maine | OUI, operating under the influence of intoxicants, operating with an excessive alcohol level |
| DUI law in Maryland | DUI, DWI (driving while impaired by alcohol), driving while impaired by drugs or a controlled dangerous substance |
| OUI law in Massachusetts | OUI, operating under the influence, OUI-drugs (marijuana, narcotic drugs, depressants or stimulants) |
| OWI law in Michigan | OWI, OWVI (operating while visibly impaired), UBAC (under 21, any bodily alcohol content) |
| DWI law in Minnesota | DWI, driving while impaired, underage drinking and driving (under 21) |
| DUI law in Mississippi | DUI, Zero Tolerance for Minors (under 21), Aggravated DUI |
| DWI law in Missouri | DWI, BAC (driving with excessive blood alcohol content) |
| DUI law in Montana | DUI, aggravated DUI |
| DUI law in Nebraska | DUI |
| DUI law in Nevada | DUI |
| DWI law in New Hampshire | DWI, Aggravated DWI |
| DWI law in New Jersey | DWI, DUI |
| DWI law in New Mexico | DWI, DUI, Aggravated DWI |
| DWI law in New York | DWI, DWAI (driving while ability impaired), Aggravated DWI, Zero Tolerance (under 21) |
| DWI law in North Carolina | DWI, impaired driving, habitual impaired driving (felony) |
| DUI law in North Dakota | DUI, APC (actual physical control) |
| OVI law in Ohio | OVI, OVUAC (operating a vehicle after underage alcohol consumption, under 21) |
| DUI law in Oklahoma | DUI, APC (actual physical control), DWI (driving while impaired, 47 O.S. § 761) |
| DUII law in Oregon | DUII, driving while under the influence of intoxicants |
| DUI law in Pennsylvania | DUI |
| DUI law in Rhode Island | DUI, driving under the influence of liquor or drugs, driving while impaired (ages 18 to 20, BAC 0.02 to under 0.08), refusal to submit to chemical test |
| DUI law in South Carolina | DUI, DUAC (driving with an unlawful alcohol concentration), felony DUI |
| DUI law in South Dakota | DUI, driving under the influence, underage drinking and driving (under 21, SDCL 32-23-21) |
| DUI law in Tennessee | DUI, driving under the influence, underage driving while impaired (under 21) |
| DWI law in Texas | DWI, DUI (minor with any detectable amount of alcohol, Alc. Bev. Code § 106.041) |
| DUI law in Utah | DUI, extreme DUI, impaired driving (reduced plea under § 41-6a-502.5), Not-a-Drop (under 21) |
| DUI law in Vermont | DUI |
| DUI law in Virginia | DUI, DWI (driving while intoxicated) |
| DUI law in Washington | DUI, physical control (RCW 46.61.504), driver under 21 consuming alcohol or cannabis (RCW 46.61.503) |
| DUI law in West Virginia | DUI, driving under the influence of alcohol, controlled substances, or drugs |
| OWI law in Wisconsin | OWI, Operating While Intoxicated, PAC (operating with a prohibited alcohol concentration), absolute sobriety violation (under 21) |
| DUI law in Wyoming | DUI, driving while under the influence, youthful driver with detectable alcohol concentration (under 21) |
From each state's statutes, DMV and court pages, checked October 2026. Each state's page links its sources.
When One State Uses Both Terms
This is where DUI vs DWI can mean something real. A handful of states use two names for two charges of different weight, or keep a second name for a special situation.
A Lower “Ability Impaired” Charge
New York calls its main offense DWI and has a lower charge called DWAI, driving while ability impaired. The law separates them by subsection: operating while your ability is impaired by alcohol is one offense, while operating at 0.08 or more, or in an intoxicated condition, is DWI (N.Y. Veh. & Traf. Law § 1192). The gap is real: a first DWAI is a traffic infraction with up to 15 days in jail, while a first DWI is a misdemeanor with up to one year (N.Y. Veh. & Traf. Law § 1193). The New York penalties page has the full figures.
Colorado works the same way under different letters. DUI is the main offense, and DWAI, driving while ability impaired, is a separate charge listed in its law. Michigan does it with OWI and OWVI: the law bars operating while intoxicated and, separately, operating when your ability to drive is visibly impaired (Mich. Comp. Laws § 257.625).
DWI as the Lower Charge
In Maryland, the order flips. DUI is the main offense, and DWI is a separate charge for driving while impaired by alcohol. So a Maryland DWI (impaired) and a Texas DWI (intoxicated) are not the same charge at all. This is why the label on a page from another state can mislead you.
A Different Name for Under-21 Drivers
Some states attach the second term to young drivers. In Texas, adults are charged with DWI, but “DUI” is the offense for a minor driving with any detectable amount of alcohol (Tex. Alco. Bev. Code § 106.041). Arkansas lists Underage DUI alongside its adult DWI. The underage DUI guide compares the under-21 limits.
Being in Control Without Driving
Several DUI states name a related offense for being in control of a vehicle rather than driving it. North Dakota and Oklahoma call it APC, actual physical control, and Washington has a “physical control” offense (RCW 46.61.504). The OWI guide explains how operating and control can reach beyond driving.
Does the Name Change the Penalty?
No. The penalty comes from your state’s statute, the offense number (first, second, third), your test result, and any aggravating facts such as a child passenger or an injury. Two states that both say DUI can punish a first offense very differently, and a DUI state and a DWI state can punish it almost the same.
What changes the penalty is the structure behind the name:
| What actually drives the penalty | Where to read it |
|---|---|
| Which offense this is (first, second, third) | First DUI guide and your state’s penalties page |
| Your test result, including higher “extreme” or “aggravated” tiers | Blood alcohol guide |
| Prior convictions inside the lookback window | Felony DUI guide |
| Refusing the breath or blood test | Implied consent guide |
| Lower charge in a two-term state (DWAI, OWVI) | Your state’s penalties page |
For a quick sense of the range in your state, try the DUI penalty estimator. It uses the same state statutes as the state pages.
Is a DWI a Misdemeanor or a Felony?
A first DWI or DUI is a misdemeanor in most states, and the charge can become a felony with prior convictions, injury or other aggravating facts. In Texas, a first DWI is a Class B misdemeanor with a minimum of 72 hours of confinement (Tex. Penal Code § 49.04). Iowa grades its OWI by count: a serious misdemeanor for a first offense, an aggravated misdemeanor for a second, and a class D felony for a third (Iowa Code § 321J.2).
The point at which a repeat offense becomes a felony varies widely, and so does how far back the state looks for prior convictions. The guide is a DUI a felony compares every state, and the Texas penalties page sets out each Texas offense level.
What to Do This Week, Whatever Your State Calls It
The name on your citation does not change the next steps. In many states, an arrest starts two separate cases: a criminal case in court and an administrative case over your driver’s license. The license case often has a short deadline to ask for a hearing, and missing it can mean an automatic suspension.
- Find your state’s term and your state page from the state list, or compare all states at once on the state law comparison.
- Check your license hearing deadline with the DUI deadline calculator. Count from your arrest date.
- Read what happens after a DUI arrest so you know what the first court date and the license hearing involve.
- Talk to a lawyer licensed in your state, the state bar’s lawyer referral service, or the public defender’s office. You can ask the court about a public defender at your first appearance.
Whatever the letters say, the rules that apply to you are the ones in the state where you were stopped. Start there.
Frequently Asked Questions
Is a DWI Worse Than a DUI?
Not by its name. In a state that uses only one of the two terms, the penalty depends on the offense number, the test result and any aggravating facts. In New York, which uses both, DWI is the more serious charge: a first DWAI (ability impaired) is a traffic infraction, while a first DWI is a misdemeanor.
What Does DUII Mean in Oregon?
DUII is Oregon's name for the offense: driving while under the influence of intoxicants. The extra I stands for intoxicants. Oregon's limits and penalties are on the Oregon page, and the lookback checker shows whether an earlier conviction counts as a prior.
Can You Get a DUI or DWI for Drugs, Not Alcohol?
Yes. Many state statutes cover drugs as well as alcohol. Iowa's OWI law, for example, covers driving under the influence of alcohol or other drugs and driving with any amount of a controlled substance in your blood or urine (Iowa Code § 321J.2).
Which States Use OWI Instead of DUI or DWI?
Indiana, Iowa, Michigan and Wisconsin call the offense OWI. Ohio uses OVI, Maine and Massachusetts use OUI, Hawaii uses OVUII and Oregon uses DUII. The OWI guide explains what "operating" covers in those states.
Is It Still a DUI if You Were Under 0.08?
It can be. Many states have two ways to commit the offense: having a test result at or over the limit, or being under the influence regardless of the number. California, for example, makes both unlawful in separate subdivisions of the same law (Cal. Veh. Code § 23152(a) and (b)).
Do I Need to Know My State's Term Before Talking to a Lawyer?
No. A lawyer licensed in your state will know the charge from your citation or charging papers. Knowing the term does help you search your state's statute and court site. The lawyer guide explains how to check a lawyer's license and how to ask for a public defender.
More on DUI Basics
- What OWI MeansOperating while intoxicated, and the states that use the term
- Blood Alcohol LimitsThe 0.08 limit, commercial and under-21 limits, and enhanced-BAC tiers
- Implied ConsentWhat refusing a breath or blood test costs you, state by state
- DUI CheckpointsWhich states allow sobriety checkpoints and where agencies announce them
- What Happens After a DUIThe arrest, license deadline, court process and what comes after
- Finding a DUI LawyerWhat a DUI lawyer does, public defenders, and how to check a lawyer's license
This guide explains DUI law in plain language from official sources. It isn't legal advice; laws differ by state and change, and a lawyer licensed in your state can advise on your case.