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DUI

DUI, DWI, OWI, OVI: the same night, six different names

Almost everyone who lands here is reading a citation, a court notice or a text message and trying to work out what the letters on it mean. They are not interchangeable. Some states use one label for one offense; others run two charges side by side, with different limits and different consequences. Below is what each one means and where it applies, taken from the states’ own statutes and licensing agencies rather than from each other.

The label is local

Same conduct, different letters, sometimes a different charge.

Two clocks start

The licensing case runs separately from the court case.

Numbers are checkable

Every limit on this page links to the agency that published it.

Speak to a DUI attorney

Tell us which state the charge is in and we will connect you with an attorney licensed there. No cost to ask, and no obligation.

What the letters mean

Six abbreviations, and what sits behind each

The differences below are not stylistic. Where a state runs two charges, the lesser one has its own limit, its own penalty and its own effect on your license.

The short version, before the detail. DUI meaning: driving under the influence. DWI meaning: driving while intoxicated. OWI meaning: operating while intoxicated. OVI meaning: operating a vehicle under the influence. OUI meaning: operating under the influence. DWAI meaning: driving while ability impaired. That is what the letters stand for; what follows is where the choice of letters changes the case.

Most states, and the term the federal government uses in national statistics

DUI driving under the influence

The broadest of the labels. It covers alcohol, illegal drugs, prescription medication and any combination of them, and it does not require proof of a particular blood alcohol number — impairment alone is enough.

Source: NHTSA, Drunk Driving, checked 2026-08-30

Texas, New York, New Jersey and other states that split the charge by degree

DWI driving while intoxicated

In several states DWI is not a synonym for DUI but a separate charge. Texas runs both: DWI turns on intoxication and the 0.08% limit at any age, while a driver under 21 can be charged with Driving Under the Influence of Alcohol by a Minor over any detectable amount at all, where the 0.08% figure simply does not apply.

Source: Texas Department of Public Safety, Alcohol Related Laws for Minors (DL-20), checked 2026-08-30

Wisconsin, Michigan, Iowa

OWI operating while intoxicated

The word that matters is “operating”, not “driving”. Wisconsin states plainly that a driver counts as operating while intoxicated even if the vehicle is not in motion at the time of the stop.

Source: Wisconsin DMV, Impaired driving (OWI) in Wisconsin, checked 2026-08-30

Ohio

OVI operating a vehicle under the influence

Ohio widened what counts as the thing you were operating. The statute reads “any vehicle, streetcar, or trackless trolley” — not “motor vehicle” — which is why an OVI does not require an engine.

Source: Ohio Revised Code 4511.19, checked 2026-08-30

Maine, Massachusetts

OUI operating under the influence

The Maine Bureau of Motor Vehicles runs the whole licensing consequence — suspension, the education program, the interlock — under the label OUI. Searching Maine records for “DUI” finds the wrong paperwork.

Source: Maine Bureau of Motor Vehicles, Operating Under the Influence Information, checked 2026-08-30

Colorado and New York, as a lesser charge alongside DUI or DWI

DWAI driving while ability impaired

A lower rung, not a synonym. Colorado sets DWAI at 0.05% against 0.08% for DUI, and defines it as being affected to the slightest degree — less able to drive than you ordinarily would be. New York places DWAI between 0.05% and 0.07%, and treats a first one as a traffic infraction rather than a misdemeanor.

Source: Colorado State Patrol, DUI — Don’t Underestimate Impairment, checked 2026-08-30

DWI vs DUI, OWI vs DUI: what the difference is

What does DUI stand for, what does DWI stand for, and is one of them worse? In most states the comparison has no answer, because there is only one offense and the state simply chose one set of letters for it. The comparison only becomes real where a state runs both, and even then “worse” depends on which pair you are comparing.

Where the two coexist, the split is usually by degree or by age rather than by severity of driving. New York places driving while ability impaired below driving while intoxicated and treats a first one as a traffic infraction with a 90-day suspension, against a minimum six-month revocation for DWI. Colorado sets the lesser charge at 0.05% and defines it as being affected to the slightest degree. Texas divides by age instead.

The practical consequence is dull but expensive: an article about “DWI penalties” written for one state can describe a charge that does not exist in yours. Check the term your own state uses before you take any number seriously.

States that do not say “DUI”

If your paperwork uses different letters, this is why.

  • DWITexas, New York, New Jersey, Minnesota, Missouri, North Carolina, Louisiana, Arkansas, New Hampshire
  • OWIMichigan, Wisconsin, Iowa, Indiana
  • OUIMaine, Massachusetts
  • OVIOhio
  • DUIIOregon

Each state page gives the local term, the limit and the interlock rule with its source.

The numbers

What counts as over the limit

A per se limit means the reading alone proves the offense — how you were driving stops mattering. Below the limit you can still be charged on observed impairment, which is the part most people miss.

WhoLimitWhat it means
Every state except Utah0.08%The per se limit for drivers 21 and over: at or above it the number alone proves the offense, with no argument about how you were driving. source
Utah0.05%Utah lowered its per se limit from 0.08% to 0.05% under House Bill 155, in force since 30 December 2018, and remains the only state at that level. source
Colorado, lesser charge0.05%Colorado keeps DUI at 0.08% but charges DWAI from 0.05%, so the range between the two is not a safe zone — it is its own offense. source
New York, lesser chargeover 0.05% to 0.07%DWAI sits below the 0.08% DWI line. A first DWAI is a traffic infraction with a 90-day suspension, against a minimum six-month revocation for DWI. source
Commercial drivers0.04%Half the ordinary limit, and it applies while operating a commercial vehicle regardless of what the personal license allows. source
Drivers under 21any detectable amount, in most statesZero-tolerance rules run alongside the adult limit. Wisconsin requires absolute sobriety under 21; New York and Colorado set the line at 0.02%. source
The question everyone asks

A bike, a horse, a lawn mower

Tens of thousands of people a month ask whether this charge reaches things that are not cars. The honest answer is not a story about a man on a horse in Texas — it is one word in your state’s statute.

Ohio

Statutes that say “vehicle”

Ohio prohibits operating “any vehicle, streetcar, or trackless trolley” under the influence. Nothing in that phrase requires an engine, which is what opens the door to charges on things that are not cars.

Source: Ohio Revised Code 4511.19, checked 2026-08-30

Wisconsin

Statutes that say “motor vehicle”

Wisconsin frames the same offense around operating a motor vehicle. Where the statute is written that way, the answer to the bicycle question is different — and it is the wording, not local folklore, that decides it.

Source: Wisconsin DMV, Impaired driving (OWI) in Wisconsin, checked 2026-08-30

The same logic decides the other versions of the question — golf carts, mobility scooters, farm equipment. Look for whether the statute says vehicle or motor vehicle, then read what your state defines that term to include.

The sequence

What happens when you get a DUI

Two processes start on the night of the arrest and run on separate calendars. Almost everyone notices the court case and misses the other one, which is the expensive mistake — the licensing deadline can pass while you are still waiting for a court date.

Usually 7 to 30 days

The administrative clock starts immediately

Separate from any criminal charge, the licensing agency in most states starts its own process to suspend your license. You normally have a short window — in some states as little as seven days — to request a hearing. Miss it and the suspension proceeds regardless of what happens in court. This deadline is the single most common thing people lose by waiting.

Days to weeks after arrest

Your first court appearance

The arraignment is where the charge is read and a plea is entered. It is usually short. What matters is what has been prepared before it — whether the stop, the testing procedure and the calibration records have been examined.

Weeks to months

Evidence and negotiation

Breath and blood testing depends on equipment being maintained and procedures being followed. Records of both are obtainable. Most cases resolve at this stage rather than at trial.

Varies widely

Resolution and what follows

Beyond any fine or jail exposure, a conviction usually brings an interlock requirement, higher insurance through an SR-22 filing, and a record that follows you. The license side and the criminal side are resolved separately, and finishing one does not finish the other.

Whether a DUI is a criminal offense depends on the state and on the degree: a first offense is a misdemeanor in most places, a lesser charge such as DWAI can be a traffic infraction, and repeat offenses or an injury turn it into a felony. Whichever it is, the licensing consequence arrives first and moves faster than the court.

Nationally · 2020–2022

Why the rules are written this tightly

Fatal crashes involving a drinking driver
30,362
of 115,142 fatal crashes recorded
Share of fatal crashes
26%
across the whole country
People killed in those crashes
33,735
2020–2022

Source: NHTSA Fatality Analysis Reporting System. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 BAC measure and therefore understates the real figure.

Where to go next

What you probably came here to do

Your state, specifically

What the offense is called there, the reading that triggers the device, when it becomes a felony and how the state compares on crash records.

Example: Texas →

Find out what your state requires

Local term, the reading that triggers an interlock, how long it runs and which agency enforces it — with the state’s own source on every figure.

All 51 states →

Work out the cost

Installation, the monthly fee, calibration and removal, using published state caps where they exist rather than a vendor’s quote.

What an interlock costs →

See what it carries

When a charge becomes a felony, what aggravates it, and which jail terms a judge is not allowed to suspend.

Penalties →

Read the numbers

What BAC stands for, what each level does behind the wheel, and the one level at which safe driving is actually guaranteed.

BAC levels →

Understand the test

What a breathalyzer measures, why nothing sobers you up faster than time, and what refusing the test costs in your state.

Testing and arrest →

Add up the bill

Every line that appears after a conviction, and why the fine is the smallest of them.

What it costs →

The required classes

Which programs a court accepts, why a cheap online course may not count, and what a victim impact panel actually is.

DUI classes →

Travel and work

Whether Canada will let you in, what it means for a commercial license, and what an employer sees.

Consequences →

Check your license

The official way to see whether it is suspended, what a restricted license allows, and the hearing deadline that runs on its own.

Your license →

Check your record

How long it stays on the driving record, on the criminal one, and what an employer actually sees.

Your record →

Get insured again

What an SR-22 actually is, how long your state makes you carry it, and why Florida asks for a different form entirely.

SR-22 and FR-44 →

Talk to a lawyer

What an attorney does, what drives the fee, and the licensing deadline that runs whether or not you have hired one.

DUI lawyers →

Asked constantly

Questions people actually type

What’s a DUI, in one sentence?

A criminal charge for operating a vehicle while alcohol or drugs have impaired your ability to do it safely, or while your blood alcohol concentration is at or above the state limit — 0.08% everywhere except Utah, where it is 0.05%. The letters change from state to state; the underlying conduct does not.

What’s a DWI?

Driving while intoxicated. In most states it is simply the local name for the same offense others call a DUI. In a few — Texas and New York among them — it is a distinct charge that sits alongside a lesser or age-based one, with its own limit and its own penalties.

What is the difference between a DUI and a DWI?

It depends entirely on the state. In most of them the two are different names for one offense, and which one appears on your paperwork is a matter of local drafting. In a handful they are separate charges: Texas prosecutes DWI on intoxication at any age, while a driver under 21 faces Driving Under the Influence of Alcohol by a Minor over any detectable amount. Reading a national article and assuming it describes your case is the mistake that costs people money.

What does OWI mean?

Operating while intoxicated. Wisconsin, Michigan and Iowa use it, and the important word is “operating” rather than “driving”: Wisconsin states outright that the offense applies even if the vehicle was not moving when you were stopped. Sitting in a parked car is not automatically a defense.

What does OVI mean?

Operating a vehicle under the influence, the term Ohio uses. Ohio Revised Code 4511.19 prohibits operating “any vehicle, streetcar, or trackless trolley” — the statute never says “motor vehicle”, which is why the Ohio version reaches further than most.

Can you get a DUI on a bicycle or a horse?

The answer is in one word of your state’s statute. Where the law says “vehicle”, as Ohio’s does, it does not require an engine. Where it says “motor vehicle”, as Wisconsin’s does, the analysis is different. Any answer that starts with “in America…” is guessing, because there is no national rule to apply.

What is the legal alcohol limit for driving?

0.08% in every state except Utah, which lowered its limit to 0.05% at the end of 2018 and remains the only one there. Below the limit you can still be charged if an officer documents impairment, and Colorado and New York both run a lesser charge that starts at 0.05%.

Does a DUI always mean an ignition interlock?

No, but it is the most common condition attached to getting your license back, and in many states a first offense above a certain reading triggers it automatically. The threshold, the length and who runs the program are all set state by state.

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.