DUI vs. DWI vs. DWAI: What’s the Difference?
You’ve probably heard the terms DUI, DWI, and DWAI thrown around before in one form or another, and it’s easy to assume they all mean the same thing. In some states, they do actually overlap quite a bit. However, depending on where you are, these terms can carry very different legal meanings.
If you live in Arizona, the distinction is worth learning about because the state takes a relatively strict approach to impaired driving that doesn’t always line up with what other states do. Read on for a breakdown of how each term works and what Arizona law actually says.
What Is a DUI?
DUI stands for Driving Under the Influence and is the term Arizona uses in its statutes to describe all forms of impaired driving. Per A.R.S. §28-1381, it’s illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, toxic substances, or any combination of these.
What makes Arizona’s DUI law more strict than others is the “impaired to the slightest degree” standard. This means you can be charged with a DUI even if your blood alcohol concentration (BAC) is below 0.08, as long as there is evidence that your ability to drive was affected in any way. Arizona does not take a lenient approach here.
What Are the Different Types of DUI Charges in Arizona?
Arizona divides DUI offenses into different categories based largely on BAC level. The penalties become much more serious as BAC increases.
The state breaks DUI charges into tiers based on BAC level:
- Standard DUI: BAC between 0.08 and 0.149
- Extreme DUI: BAC between 0.15 and 0.199
- Super Extreme DUI: BAC of 0.20 or higher
The penalties become significantly harsher as you move up through these tiers. For instance, a first-time standard DUI carries a minimum of 10 days in jail, and the fines can add up quickly from there.
What Is a DWI?
DWI stands for Driving While Intoxicated. Some states use this term separately from DUI to refer specifically to alcohol-related driving offenses. In those states, a DWI charge typically requires the driver to have a BAC at or above the legal limit of 0.08.
Arizona does not use DWI as an official legal term in its statutes; all impaired driving offenses fall under the DUI umbrella in the state. That said, some personal injury lawyers and members of the public still use DWI informally when referring to alcohol-specific charges. If you see the term used in an Arizona context, just know that it’s being treated the same as a DUI under the law.
What Is a DWAI?
DWAI stands for Driving While Ability Impaired. This term is used in states like New York and Colorado to describe a lesser offense where the driver is impaired but has a BAC below the legal limit of 0.08.
Arizona does not have a separate DWAI charge either. However, because of the state’s “slightest degree” rule, the concept behind DWAI is essentially built into Arizona’s DUI law already. A driver can be charged and convicted even with a BAC under 0.08 if there is evidence of impairment. So while the label doesn’t exist here, the legal exposure is arguably broader instead.
Contact the Phoenix DUI Accident Lawyers at AJ Law, PLC for a Free Consultation
Knowing the difference between DUI, DWI, and DWAI can help you make sense of where things stand after an impaired driving accident. If you or a loved one were injured by a drunk or drugged driver in Arizona, AJ Law, PLC can help you determine your legal options for recovering compensation.
Contact us today to schedule a free consultation with a Phoenix DUI accident attorney today to learn more. You’ll be able to have all your questions answered and receive some preliminary legal advice at that time as well.
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