Driving while drunk or drugged can be dangerous not only for you but for everyone around you. When people are found driving under the influence of alcohol and drugs, they are either charged with Dui or Dwi or, at times, both.
Dui and Dwi sound like similar terms widely used interchangeably, possibly due to their similarities. Driving under the influence is the full form of Dui, and Dwi is an abbreviation for driving while intoxicated.
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Key Differences
Dui
- It is a criminal offense that stands for driving under the influence. People are charged with Dui when their behavior does not seem sound due to their intoxication.
- A person’s behavior can be irrational even if there is little toxication in the BAC test.
- A person can still be charged with Dui, even if his blood alcohol content is within normal limits.
- In comparison with Dwi, it is considered a less severe charge.
Dwi
- It is a criminal offense that stands for driving while intoxicated. People are charged with Dwi when alcohol and drugs are found in their systems beyond normal limits.
- A person’s behavior can be rational even if a lot of toxication is found in the BAC test.
- A person can not be charged with Dwi if his blood alcohol content is within normal limits.
- In comparison with Dui, it is considered a more severe charge.
Comparison Between Dui And Dwi
| Parameter | Dui | Dwi |
|---|---|---|
| Meaning | It stands for driving under the impression. It is a criminal offense charged when a person under the impression of intoxication presents with irrational driving behavior. | It stands for driving while intoxicated. It is a criminal offense that is charged when a person has a high level of intoxication but has rational behavior. The high levels of intoxication are found through Blood alcohol content (BAC) tests. |
| Concerned with | It is largely concerned with the behavior of a person while driving. | It is primarily concerned with the blood alcohol content of the person. |
| Standard | It uses both BAC and sobriety tests as its standard. But it is the sobriety test that makes the difference. In the case of Dui, a person can have a normal Dui but fail the sobriety test. | Just like Dui, it uses both BAC and sobriety tests as its standard, but in this case, the BAC test makes a difference. A person charged with Dwi could have rational behavior despite high levels of toxication. |
| Severity | Compared with a Dwi, it is considered a less severe offense, and it is largely because there usually is not a high level of intoxication found in a person’s blood. It is his behavior that is irrational. | Compared with a Dui, it is considered a more severe offense because there is always a high level of intoxication in a person’s blood. |
| Punishment | The punishment of a Dui is largely lesser than the punishment of a Dwi. At max, a person can spend ten years in prison and can also be imposed a monetary penalty of $15,000. Along with that, in many cases, the license could be suspended as well.* | The punishment of a Dwi is typically more than that of a Dui. At max, a person can spend ten years in prison, can be fined at most $1,25,000, and can also witness license cancellation.* |
Major Differences Between Dui And Dwi
What exactly is Dui?
Dui is an abbreviation for driving under the influence. The hallmark feature of Dui is that it is always related to the driver’s behavior. It does not matter how much his blood alcohol content is.
This is because some people may act irrationally even if they do not consume much alcohol or drugs. If someone is charged with Dui for the first time, then his punishment is likely to be lesser than those who have been charged with Dui more than once.
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Features of Dui
- It is a criminal offense that deals with people’s behavior while driving rather than their level of intoxication.
- A person can be charged with a Dui even if he clears the BAC test.
- In most states of the United States of America (USA), Dui is considered a lesser severe offense, but it is otherwise in Maryland.
- A person committing a second or third Dui would have more punishment than someone committing the first Dui.
- The punishment of Dui varies from state to state. The severest punishment a person can get for a Dui is a license suspension, at most ten years of imprisonment, and a monetary penalty of at most $15,000. However, it depends on how many times you have committed the crime.
What exactly is Dwi?
Dwi is an abbreviation for driving while intoxicated. The classic feature of Dwi is that it is always concerned with the level of intoxication rather than a driver’s behavior. In Dwi’s case, a person’s behavior does not matter.
What matters is sobriety and blood alcohol content. Therefore, a person could have the proper behavior, still have a high level of intoxication, and be charged with Dwi. First-time Dwi offenders have lesser punishment than those who have committed it more than once.
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Features of Dwi
- It is a criminal offense that deals with people’s level of intoxication while driving.
- A person can possibly be charged with Dwi even if his behavior is rational.
- In most states of the USA, Dwi is considered a more severe offense, except in the state of Maryland.
- A person committing Dwi for the first time will have lesser punishment than those who have committed it more than once.
- The severest punishment a person can get for a Dwi is a license cancellation, at most ten years of imprisonment, and a monetary penalty of at most $1,25,000. It should be noted that punishment varies from state to state and depends on the number of times a person has committed the offense.
The Contrast Between Dui And Dwi
Meaning
- Dui – It stands for driving under the influence. It is a criminal offense charged against people with irrational behavior while driving and under the influence of alcohol and drugs. It is essential to understand that a person need not have high blood alcohol content to be charged with a Dui.
- Dwi – It stands for driving while intoxicated. Just like a Dui, it is a criminal offense charged against highly intoxicated people while driving. However, a person charged with a Dwi could be rational behavior-wise and pass a sobriety test while having a high blood alcohol content.
Quick fact – Can you be charged with Dui and Dwi?
It is possible for someone to be charged with Dui and Dwi. This type of situation occurs when a person fails the BAC and sobriety tests. For example, high amounts of intoxication would lead him to fail the BAC test, which means getting a Dwi charge. Likewise, irrational behavior would lead him to fail the sobriety test, which means getting a Dui charge.
Standard
- Dui uses blood alcohol content (BAC) and Standardized Field Sobriety Test (SFST). A person’s behavior decides if he would be charged with a Dui or Dwi. For example, if he has a normal BAC but fails a sobriety test and has irrational behavior, he would be charged with a Dui.
- Dwi uses blood alcohol content (BAC) and Standardized Field Sobriety Test (SFST) as its standard, but BAC is the only thing that decides everything. It does not matter what a person’s behavior is here. The only thing that matters is his BAC. So if he is under a high amount of alcohol and drugs, then he would get a Dwi. Cause a person might be heavily intoxicated and still pass a sobriety test.
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What exactly are BAC and SFST?
BAC is an abbreviation for Blood Alcohol Content. As the name suggests, this test is known for detecting the amount of alcohol present in a person’s bloodstream. There are different levels of BAC tests, with the minimum being 0.0 percent and the maximum being >0.40 percent. In most states of the USA, 0.08 percent of BAC is considered legal.
SFST is an abbreviation for Standardized Field Sobriety Test. This test determines a driver’s behavior to understand whether he is sober or not. This single test comprises three sub-tests: Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.
The first test is concerned with the eye twitching of a person, the second test is concerned with performing walking and turning tests on a person to check for his sobriety, and the last one is concerned with making a person stand on one leg to check for his sobriety.
Severity
- Dui – In most states of the USA, it is considered a less severe offense than Dwi. It is mainly because a person generally is intoxicated within the normal limits and is not doing anything illegal. But it is his behavior that changes everything. However, it is the opposite in the state of Maryland; they consider it more severe than a Dwi.
- Dwi – In most states of the USA, it is taken as a more severe crime than Dui. The person is intoxicated beyond the normal limits that can be proved scientifically. A person generally owns the usual limits, but despite that, he consumes alcohol or drugs in high amounts. But the state of Maryland considers Dwi less severe than a Dui.
Punishment
- Dui – The punishment of Dui is generally more lenient than the permission of a Dwi (except in the state of Maryland). This is mainly because the accused have normal BAC and pass sobriety tests. The maximum punishment a person can get for a Dui is a license suspension, at most ten years of imprisonment, and a monetary penalty of at most $15,000.*
- Dwi – The punishment of Dwi is generally stricter than the permission of a Dui (except in the state of Maryland). This is because of the high level of alcohol or drugs in the person’s system while driving. The maximum punishment a person can get for a Dwi is a license cancellation, at most ten years of imprisonment, and a monetary penalty of at most $1,25,000.*
CONCLUSION
Dui and Dwi are both criminal offenses that are charged when a person is driving under the impression of alcohol and drugs. Due to similar abbreviations, both terms are often confused with one another.
The significant difference between Dui and Dwi is that the former is charged when a person’s behavior is irrational, while the latter is charged when high amounts of alcohol or drugs are found in his system.
FREQUENTLY ASKED QUESTIONS (FAQs)
Q1. Why is Dwi considered more severe than Dui?
Dwi is typically taken as more severe than a Dui because, in Dwi, there is solid proof that the person was intoxicated. In a Dui, there is no proof that the person was intoxicated. Instead, it is judged on the person’s behavior, which can be irrational due to other reasons as well.
Q2. What are the significant differences between Dui and Dwi?
The significant difference between a Dui and Dwi is that the former is related to the driver’s behavior and is considered less severe. In contrast, the latter is concerned with the level of intoxication a person has and is considered more severe.
Q3. What are the different tests that are used to determine if the person is intoxicated or not?
Different tests that are used to determine whether a person is intoxicated or not are BAC and SFST. The former stands for Blood Alcohol Content, and the latter stands for Standardized Field Sobriety Test.
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