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Is impaired driving a DUI?

Is there a difference between driving while impaired and a DUI? I keep hearing them used interchangeably, but I thought they weren’t the same.

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Tiffany Leung · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
That’s a great question! Whether or not impaired driving is a DUI depends on the state in which you are charged. Driving while impaired (DWI) and driving under the influence (DUI) can be separate charges or used interchangeably.
Here’s how these terms are used differently by different states:
  • Interchangeably: DWI and DUI can be used interchangeably to refer to operating a vehicle while being impaired by alcohol or controlled substances. Some states will refer to drunk driving offenses as DUIs while others say they are DWIs.
  • Differentiate the substance: Some states will use each term to refer to a different substance. DWI is sometimes used to describe drug-impaired driving, whereas DUI is specifically referencing driving with a blood alcohol content (BAC) of 0.08% or more.
  • Refer to different impairment levels: Certain states categorize DUI and DWI charges as separate offenses. While both refer to drunk driving, DUI charges are reserved for those driving with a BAC under 0.08% and DWI refers to a BAC of 0.08% or more—or vice versa.
You can refer to your state government’s or state DMV’s website for specifics about the laws where you live.
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