{"id":286718,"date":"2016-07-25T16:17:17","date_gmt":"2016-07-25T21:17:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/dui-vs-dwi-vs-oui-is-there-a-difference.html"},"modified":"2025-07-21T09:43:33","modified_gmt":"2025-07-21T14:43:33","slug":"dui-vs-dwi-vs-oui-is-there-a-difference","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/dui-vs-dwi-vs-oui-is-there-a-difference.html","title":{"rendered":"DUI vs. DWI vs. OUI: Is There a Difference?"},"content":{"rendered":"\n
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DUI vs. DWI vs. OUI: Is There a Difference?<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

DUI<\/span>, DWI<\/span>, and OUI<\/span> are different terms for the same basic offense of impaired driving<\/span>. But states use different acronyms<\/span> and may apply them to varying levels of impairment<\/span>. DUI<\/span> (driving under the influence<\/span>) is the most common term nationwide, while DWI<\/span> (driving while intoxicated<\/span>\/impaired) is used in some states, and OUI<\/span> (operating under the influence<\/span>) is used in states like Massachusetts and Maine.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

You\u2019re likely familiar with references to driving under the influence (DUI) or driving while intoxicated\/impaired (DWI)<\/a>. Perhaps you\u2019ve also heard of operating under the influence (OUI). These are all legal terms used in the United States to describe the offense of driving while impaired by, or under the influence of, drugs or alcohol. Although they all relate to similar behavior, the exact meaning and use of each term can vary.<\/p>\n

In this article, we\u2019ll break down each of these terms and explore their similarities\/differences. We\u2019ll also dispel common misconceptions and answer some frequently asked questions related to these offenses.<\/p>\n

State law governs in this area. So, if you\u2019re facing any of these charges, you\u2019ll want to speak with a DWI\/DUI attorney licensed in your jurisdiction<\/a>. They can help you understand your options and mitigate potential consequences.<\/p>\n

DUI vs. DWI<\/h2>\n

DUI and DWI are often used interchangeably, but the main difference lies in the terminology used by different states.<\/p>\n

What Does DUI Mean?<\/h3>\n

DUI stands for “driving under the influence.” This is the most commonly used term across the United States. It means that a person was caught driving a vehicle while under the influence of alcohol, drugs, or any other substance that affects their ability to drive safely.<\/p>\n

Many states regard a blood alcohol content (BAC) of 0.08% or higher as being under the influence of alcohol.<\/p>\n

But DUI doesn\u2019t only refer to drunk driving. It can also include driving under the influence of drugs <\/a>(legal or illegal) and other substances.<\/p>\n

In most states, the vehicle must be moving for DUI charges. But, there are some situations where it’s possible to get a DUI in a parked car<\/a>.<\/p>\n

What Does DWI Mean?<\/h3>\n

DWI stands for either “driving while intoxicated” or “driving while impaired,” depending on the state. Some states use DWI for driving under the influence, similar to DUI. Others may use both terms, but for different levels of impairment.<\/p>\n

In North Carolina<\/a>, for example, DWI means driving while noticeably impaired or with a BAC of 0.08% or higher. It treats DUI as a charge for lesser offenses like impairment that doesn\u2019t meet the full DWI threshold or underage drinking and driving.<\/p>\n

Texas law uses DWI for adults <\/a>and DUI for minors<\/a> (people under 21) who have any alcohol in their system.<\/p>\n

Some places that use both terms reserve DWI for the more serious charges. In others, it\u2019s the opposite.<\/p>\n

For example, Maryland treats DUI as the more serious charge<\/a>, and DWI is used for people who are slightly impaired (with a blood alcohol concentration between 0.07% and 0.079%).<\/p>\n

Like DUI, a DWI charge usually means the car was moving while the driver was impaired. However, many states are also able to bring DUI\/DWI charges if someone is in \u201cphysical control\u201d of a vehicle, even if they aren\u2019t moving.<\/p>\n

What Does OUI Mean?<\/h2>\n

OUI stands for “operating under the influence.” It\u2019s less common than DUI and DWI, but some states like Massachusetts <\/a>and Maine <\/a>use this term.<\/p>\n

In OUI states, \u201coperating\u201d means someone doesn\u2019t have to be actually driving to be charged. Just sitting in the driver\u2019s seat with the engine running, or even with the keys in the ignition, can count as operating the vehicle.<\/p>\n

Like DUI and DWI, OUI covers both alcohol and drugs.<\/p>\n

What About OWI and Other Terms?<\/h2>\n

States most frequently use DUI and DWI to mean driving while impaired. But you may see references to other less common legal terms. These might include:<\/p>\n