What is the Difference Between DUI and DWI?

Facing a drunk driving charge? You may hear it referred to as a DUI or a DWI. This raises an important question: What is the difference between the two? In South Carolina, there is no legal distinction. The official term is a “DUI.” A DWI is simply a colloquial term in other states. It is not a separate criminal offense. Here, our Columbia drunk driving defense lawyer explains the legal difference between DUI and DWI in South Carolina.

Defining the Terms: DUI and DWI

DUI stands for “Driving Under the Influence,” while DWI typically stands for “Driving While Intoxicated” or “Driving While Impaired.” Both terms refer to operating a motor vehicle while impaired by alcohol, drugs, or a combination of substances. The difference, if one exists at all, will be found in the specific state law.

Some States Draw a Distinction Between the Charges (South Carolina Does Not)

In states like Texas or New York, DUI and DWI may represent distinct charges with different elements or penalties. For example, DWI could refer to a higher blood alcohol concentration (BAC), while DUI might be charged for impairment below the legal limit. South Carolina, however, does not follow this model. Under South Carolina law (SC Code § 56-5-2930), the charge is only called a DUI.

A DUI is the Official Term for a Drunk Driving Charge in South Carolina

In South Carolina, law enforcement, prosecutors, and courts use the term “DUI” to refer to all criminal charges related to impaired driving. You will not be formally charged with a “DWI” in any court in the state. Even if someone casually uses the term “DWI,” they are almost certainly referring to the same offense as a DUI. Knowing the terminology is important when reviewing legal documents, communicating with your lawyer, and researching your rights under South Carolina law.

You Have the Right to Defend Yourself Against a DUI

A DUI charge is not the same as a DUI conviction. You have the right to challenge the evidence, question the validity of the traffic stop, contest the chemical test results, and present a full defense. An experienced DUI defense lawyer can evaluate the case, protect your rights, and work to reduce or even dismiss the charges. You do not have to take on the criminal justice process alone. The right Columbia, SC DUI defense lawyer will help you determine the best course of action. Do not plead guilty to a DUI offense without first speaking to an attorney. Prosecutors are not on your side.

Contact Our Columbia, SC Drunk Driving Defense Lawyer Today

At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense lawyer has the professional expertise that you can trust. If you or your loved one was arrested for intoxicated driving, we can help. Contact us today for a completely confidential, no-obligation case review. From our office in Columbia, we defend DUI charges all across the wider region in South Carolina.