DUI vs. DWI vs. OWI: what's the difference?

DUI stands for driving under the influence, DWI for driving while intoxicated, and OWI for operating while intoxicated. Other states use OUI (operating under the influence), OVI (operating a vehicle under the influence), DUII (driving under the influence of intoxicants) and DWAI (driving while ability impaired). Which letters apply depends on the state.^{1,2,3,4,5,6,7}

Wisconsin's transportation department says its statutes call the violation Operating While Intoxicated (OWI) and that it may also be called DUI or DWI in other contexts. Texas titles its offense Driving While Intoxicated. Washington defines DUI as operating a vehicle while affected by alcohol, drugs or both. Ohio's code title uses OVI, Massachusetts's registry uses OUI, Oregon's health authority uses DUII, and New York's DMV lists DWAI as a separate, lower charge than DWI.

New York

In New York, DWI and DWAI are different charges. DWI covers a blood alcohol content (BAC) of .08 or higher or other evidence of intoxication, while DWAI (driving while ability impaired) covers lesser impairment and carries lighter penalties.⁷

New York's DMV lists a mandatory fine of $500 to $1,000, up to 1 year in jail and a license revocation of at least six months for a first DWI. For a first DWAI it lists a fine of $300 to $500, up to 15 days in jail and a 90-day suspension. DWAI also has versions for drugs and for a combination of drugs and alcohol, and those are penalized like DWI.

In every state except Utah, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 or higher. Utah's limit is 0.05.^2,8,9

NHTSA calls .08 the legal limit for drivers over age 21 and says it applies in all 50 states, the District of Columbia and Puerto Rico, apart from Utah. A driver can still be charged below the limit if alcohol impairs driving. Texas, for example, defines intoxicated as either not having the normal use of mental or physical faculties because of alcohol or drugs, or having an alcohol concentration of 0.08 or more.

Utah

Utah's limit is .05, not .08. Under Utah Code § 41-6a-502, a driver commits DUI with a blood or breath alcohol concentration of .05 grams or greater.^8,10

The Utah statute applies the .05 figure both at the time of a chemical test and at the time of driving or actual physical control. It also covers anyone under the influence of alcohol, any drug, or both to a degree that makes them incapable of safely operating a vehicle. A first violation is a class B misdemeanor unless an enhancement applies.

Every state has a zero-tolerance law for drivers under 21. NHTSA's research guide says these laws have been in effect in all states since 1998 and set a maximum BAC of less than .02 for drivers under 21. NHTSA also tells teens their BAC should always be .00, not just under .08.^3,7,9,11,12

States write the number differently. California's DMV says 0.01% or higher is illegal for drivers under 21. Washington's Department of Licensing says .02 or higher for minors. New York says a driver under 21 with a .02 to .07 BAC violates its Zero Tolerance Law. NHTSA says violators have their licenses suspended or revoked.

Commercial drivers face a limit of 0.04. Under a federal rule, a driver may not report for or remain on duty doing safety-sensitive work with an alcohol concentration of 0.04 or greater.^3,13,14

The rule is 49 C.F.R. § 382.201. It also bars an employer who knows about a 0.04 or higher alcohol concentration from letting the driver keep doing that work. State DUI pages repeat the 0.04 figure for commercial vehicle drivers, including Texas's license revocation program and Washington's DUI rules.

Drugs count too. NHTSA says driving impaired by any substance, alcohol or other drugs, whether legal or illegal, is against the law in all 50 states and the District of Columbia.^10,15,16

NHTSA says this includes some prescription and over-the-counter medicines, and that driving under the influence of marijuana is still illegal in states where marijuana laws have changed. State laws often reach drugs directly. Utah's DUI law covers any drug, and Wisconsin's covers a detectable amount of a restricted controlled substance in the blood.

A DUI creates two records. The criminal record from the court case generally stays until a court or state law seals or expunges it. The driving record kept by the state motor vehicle agency follows its own retention schedule, which differs by state.^17,18,19

Minnesota's courts say court records remain public unless expunged by law or court order, or destroyed under retention schedules. New York's courts say arrest and conviction records are kept by the state criminal justice agency, the FBI, credit reporting agencies and the court system. Clearing one record does not clear the other: Michigan's law says an order setting aside a traffic conviction must not require its removal from the driving record kept by the secretary of state.

California

California's DMV says all DUI convictions remain on a driver's record for 10 years.¹²

The DMV's driver handbook adds that if a driver gets any other DUIs during that time, the court or DMV may give an additional penalty. This is the driving record. The criminal court record is separate.

New York

New York's DMV shows DWI convictions on a standard driving record abstract for 15 years from the date of conviction, and DWAI convictions for 10 years.²⁰

The DMV says most suspensions and revocations show for 4 years after they end, a suspension for a chemical test refusal for 5 years from the suspension date, and most traffic convictions until the end of the year of the conviction plus 3 more years.

One DUI arrest can start two separate cases. In most states, the motor vehicle agency can suspend your license administratively if you fail or refuse a chemical test, while the court handles the criminal charge on its own. Every state has an implied consent law: by driving, you are treated as having agreed to a breath test if you are suspected of impaired driving.^5,21,22

NHTSA says the arresting officer usually takes the license at the time of a failed or refused test and gives a temporary license so the driver can request an administrative hearing. Its guide reports that, as of July 2020, 48 states and D.C. had some form of administrative suspension or revocation for a first offense, and that all states except Wyoming set separate penalties for refusing a test. Massachusetts's registry says refusing a test there is not a crime but brings an administrative suspension, and a not-guilty result in court does not by itself reinstate the license.

Texas

In Texas, the license suspension under the administrative license revocation program is unrelated to the criminal court case. A driver has 15 days from being served notice to request a hearing, or the suspension starts on the 40th day.^14,23

Texas's Department of Public Safety says the program applies when a driver arrested for DWI refuses or fails a test, or tests at 0.08 or more (0.04 or more in a commercial vehicle). If the driver gave a blood sample, DPS mails the notice after the results arrive, and the driver has 20 days from mailing to request a hearing. Hearings are held by the State Office of Administrative Hearings. DPS also says a driver may get one suspension for a DWI conviction and another for a test refusal or failure from the same arrest.

Washington

Washington says there are two separate license suspensions or revocations for DUI, one from the arrest and one from a conviction. A driver who wants to contest the arrest suspension must request a hearing within 7 days of the arrest.³

The Department of Licensing lists an arrest suspension of 90 days to 2 years and a conviction suspension of 90 days to 4 years. Winning the hearing applies only to the arrest suspension; if the court still convicts, the license is suspended because of the conviction. Time served on the arrest suspension is credited toward the conviction suspension.

An ignition interlock is a breath-test device connected to a vehicle's ignition. The vehicle will not start unless the driver blows into it and registers below a preset limit, usually .02.^8,24

NHTSA says interlocks are typically used as a condition of probation for people convicted of DWI, after their licenses are reinstated. A retest while driving is meant to stop someone else from starting the car or the driver from drinking while driving. NHTSA also notes that many states require people to install interlocks at their own expense.

All 50 states and D.C. allow interlocks for some people convicted of DWI. NHTSA's guide says 34 states and D.C. require them for everyone convicted, including first-time convictions, and 14 more require them for certain people, such as repeat or high-BAC cases.²⁴

The guide cites 2022 research for those counts and says interlocks are discretionary in North Dakota and South Dakota. A review of 15 studies found that people with an interlock installed were arrested again at rates 75% lower than drivers without one. A 2019 provider survey found interlocks installed for 15% of people arrested for DWI and 42% of those convicted.

A DUI conviction can keep you out of Canada. Canada's immigration department says a conviction for driving while impaired by alcohol or drugs, including cannabis, may make you inadmissible for serious criminality, whether the crime happened in Canada or outside Canada.²⁵

For a conviction outside Canada, the department says you can apply for rehabilitation once at least 5 years have passed since the end of your sentence, including probation, or since the day you committed the offense. You can also apply for a temporary resident permit, which is issued only for compelling reasons at an officer's discretion. Border officers can refuse entry even with a valid permit. Different rules apply to offenses committed before Dec. 18, 2018.

Whether a DUI can be expunged depends on the state. Some states bar it and others allow sealing or a set-aside with limits. Our DUI record-clearing guide at /record-clearing/dui covers your state.^4,19,26,27

Ohio's code excludes convictions under Chapter 4511, which includes OVI, from sealing and expungement. Michigan lets a person set aside a first operating-while-intoxicated conviction once, by application, but the order must not require removing it from the driving record. In Texas, a person with no earlier convictions other than fine-only traffic offenses who completed community supervision for a DWI (not one at an alcohol concentration of 0.15 or more) may petition for an order of nondisclosure, which bars criminal justice agencies from disclosing the record to the public, unless prosecutors show the offense resulted in a collision involving another person.