Question:

What's the difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated)?

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Aren't you "under the influence" of alcohol if you're intoxicated, meaning they're the same thing? Or is one charge lighter than the other (in court)?

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  1. lol   there both the same......x


  2. each states define their crimes differently and each also develops customary shorthand for those crimes.  The terms you are using are the shorthand terms.

  3. While driving if your drinking booze, that would be a DWI I'd think.. I'm not sure never had that problem in my life..


  4. In many states it is the same thing.  

    However, DWI means driving while intoxicated which requires proof of driving, proof of intoxication, and proof of alcohol over the legal limit.

    DUI means driving under the influence which requires proof of driving, and proof of impairment by either alcohol or drugs.  No legal limit.  

    In states that have both charges, the DUI is a lessor charge.  In states that have only one, they are the same thing.

  5. nothing

  6. In many jurisdictions one charge has replaced the other ie dui has become dwi.

    The reasoning emerges from a novel defense argument.  If someone who drinks a lot normally can "handle" their liquor then they a good defense attorney can argue that there is reasonable doubt as to their being under the influence.  It is a tolerance argument.  Some people have a higher tolerance and therefore cannot be considered "under the influence."  

    Intoxication is another matter.  it is determined by the blood alcohol (BA) level.  If your jurisdiction has a statute that recognizes .08 as intoxicated, and you have a BA of .08, then you are intoxicated.  There is no "under the influence" argument allowed.  However, there is still the issue of "rising BA levels," which is another more in depth defense, but not being asked about here.  

  7. INTOXICATED means that you have an amount that impaired your ability to drive. Under the influence means you are NOT impaired but over the LEGAL amount. So although you may be DUI......it doesn't mean you were DWI

    INNAPRO......is saying exactly the OPPOSITE saying that "intoxicated"  is  "quantitative" and "DUI" or "under-influence" is "qualitative"........he may have it right......but it just sounds to me that the word INTOXICATED  implies IMPAIRMENT and under the influence implies that you have been shown to have an illegal level of the substance in your system.

  8. some states call it a DUI, some call it a DWI. Other than the letters there's not much difference.  

  9. It is the same thing. Some states call it DUI and others DWI.

  10. nofin

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