DUI vs DWI: What’s the difference, and why does it matter?

November 05, 2020 by G.W. Schulz

You may have a habit of using DUI and DWI interchangeably in everyday conversations. You’re not alone -- it’s common for people to be unfamiliar with the difference.

Under Oklahoma law, however, a charge of “driving under the influence,” as opposed to “driving while impaired,” are completely different and can lead to dramatically different outcomes. Here’s a breakdown of the differences:

Driving under the influence (DUI)	Driving while impaired (DWI)
Breath .08 or above, roughly 2-3 drinks	Breath above .05, but below .08, roughly 2-3 drinks
No proof of unsafe driving required in court	Proof of unsafe driving required in court
Driver’s license revoked at time of arrest	Driver’s license not revoked until conviction
First offense 1 year behind bars $1,000 in fines License revoked for 6 months	First offense 6 months behind bars $500 in fines License revoked for 30 days
Second offense 1-5 years behind bars $2,500 in fines License revoked for 1 year	Second offense 6 months behind bars $500 in fines License revoked for 6 months
Third offense 1-10 years behind bars $2,500 in fines License revoked for 1 year	Third offense 6 months behind bars $500 in fines License revoked for 1 year
Arrest for any alcohol amount when under 21	Arrest for any alcohol amount when under 21

Have You Or A Loved One Been Arrested For DUI?

We know bad things happen to good people. You need to remember that a DUI arrest does not mean an automatic conviction, license revocation, or punishment. But, if you do find yourself accused of crime, you’ll want the best advocacy available to ensure your rights are protected. If you hire us, we will work with you to analyze every detail of your DUI case to minimize the impact it will have on you and your life. Contact us for a free consultation.