Thanks for clarifying that for us, dobry4u. I never thought there was much, if any, difference between the two.

My understanding of it was that DWI simply involved alcohol. While DUI also includes drugs. Influence does not simply say "intoxicated". It could be the influence of any kind, even perscription medication. As far as I knew, it was a much broader term.

Googled........
Both DUI and DWI refer to operating a motor vehicle while impaired by either illegal drugs or alcohol. The biggest difference between the two terms is what the letters stand for.


DWI is an acronym for driving while intoxicated or impaired, while DUI stands for driving under the influence. Throughout the US, the laws vary regarding how a DUI’s and/or DWI’s are dealt with.

For some states, like Virginia and New Jersey, there is no difference between a DUI and DWI. In Minnesota, on the other hand, there is technically no such thing as a DUI because they only use the term DWI. The distinction for the federal government is drawn based on severity. A DWI is issued when the blood alcohol content (BAC) is over the 0.08 limit, whereas a DUI is a less severe term, given when a person’s BAC is under 0.08.

So, dobry4u, you are saying that the states don't necessarily make a distinction but the feds do?

Some states don't separate it by severity, so it seems. So the over the limited in those states is over the limit period. Michigan, for example, does distinguish by "how much" my having different charges. The Feds do as well.

Something that does make me wonder...

You get to see so many 4-wheelers getting pulled over, and the vehicle being searched (most likely for drugs), but are they given a test to see if they have been operating that vehicle while using illegal drugs??? Seems the cops want to bust them for having drugs, not for using them and driving. I'll bet that down here, more than a quarter of the people, at any given time, are driving and using pot, pills, or worse. But, I never hear of anyone getting busted for it. Alcohol, on the other hand... There is always someone getting busted for that. Wonder why..... Or, WHY NOT....

My guess is that it is easier to detect alcohol since you can usually smell it when someone is drinking. I suppose you could smell pot if someone were smoking. Other drugs I have no idea. If they can find drugs in these vehicles then the charges would be much greater than if they were only using drugs.

I have no basis for this except for thought, perhaps it is harder to test for drug impairment because some drugs stay in the system for a long period of time and the defense for the DUI charge could be that the drug was used several weeks ago and the effects would no longer cause an impairment. I would also think that there would have to be a consensus for each drug as to what level in the blood would constitute impairment in the average person if they can even test drug levels.

Interesting scenario WW. I hope it has further discussion :thumbsup:

Here, a DWI is driving drunk. DUI has a lot more to do with being involved with drugs.
Texas is so strict on drunk driving, they very seldom use DUI on drunk driving. If you hear anyone getting a DUI, it's probably due to having drugs.

it is a lot more difficult to prove a driver was DUI while on drugs. A drug test can detect if a person was using drugs but it can't test if they where under the influence of that drug at the time. officers will use HGN (Horizontal gaze nystagmus test) and their observations to try to get a conviction but most times this will get plead down to reckless operation and a possession charge as it is difficult to prove.