DUI (driving under the influence), DWI (driving while intoxicated), and OWI (operating while intoxicated) are similar criminal offenses that involve the operation of a motor vehicle, electric vehicle, or sometimes an otherwise-powered vehicle—including boats, aircraft, and bicycles—by an operator who is under the influence of or intoxicated by alcohol or drugs. Per se (pronounced purr-say) intoxication is intoxication by definition—as defined in the state’s statutes by blood alcohol concentration (BAC) of .08 or more (.05 in Utah). And even if a person is not per se intoxicated, they may be intoxicated by not having the normal use of their mental or physical faculties (abilities), for example, and may be charged with a criminal offense.

In some contexts the terms DUI and DWI are used interchangeably, with some states using one term and other states using the other term to define what is essentially the same criminal offense. But in some states both criminal charges are available and there is a legal distinction between them.

For example, in some states with both criminal offenses, DUI is the criminal offense of operating a vehicle under the influence of prescription or recreational drugs, and DWI is the offense of operating a vehicle while intoxicated by alcohol. In some states DWI refers to per se intoxication when the driver’s BAC is above the threshold defined by statute—.08 (.05 in Utah)—and DUI is a criminal offense charged when the police officer believes the driver is under the influence of alcohol, despite the driver’s BAC being below the statutory threshold of .08. And in some states DUI is a separate offense for drivers under the legal age of drinking (21) who have some alcohol in their system, but less than a .08 BAC.

These and other similar alcohol-related operating offenses—including aggravated or enhanced forms of these offenses—vary from state to state in their definitions and potential punishments and are generally located in a state’s statutes—often in the penal code or criminal code.

In Virginia, DUI (driving under the influence) and DWI (driving while intoxicated) are terms that are used interchangeably to refer to the offense of operating a motor vehicle while impaired by alcohol or drugs. Virginia law defines the per se intoxication level as a blood alcohol concentration (BAC) of 0.08 or more, aligning with the standard for most states. A driver can be charged with DUI/DWI if they are found to be driving with a BAC at or above this level. However, a driver can also be charged with DUI/DWI if they are found to be impaired due to alcohol or drugs regardless of their BAC level, based on the observation of their mental or physical faculties. For drivers under the age of 21, Virginia has a zero-tolerance policy, and any detectable amount of alcohol can lead to a DUI charge, with a lower BAC threshold of 0.02. The penalties for DUI/DWI in Virginia can include fines, license suspension, and even jail time, depending on the circumstances and whether it is a first or subsequent offense. Enhanced penalties may apply for higher BAC levels or if aggravating factors are present.