What defining factor differentiates a DUI from a DWI?

The distinction between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Driving While Impaired) primarily hinges on the type of substance involved. In many jurisdictions, including New York, DUI is often understood to encompass driving under the influence of drugs, whereas DWI specifically pertains to alcohol impairment. This means that if an individual is arrested for DWI, it generally indicates that their impairment is specifically due to alcohol consumption, while DUI could refer to either alcohol or drugs.

Understanding this differentiation is important because charges can carry different legal implications and consequences based on the specific substance involved. Jurisdictions may have varying definitions, which can add to the complexity of these terms, but the fundamental concept remains the same—DUI broadly covers a range of substances, whereas DWI is more narrowly focused on alcohol-related impairment. This distinction is essential for anyone studying DWI/DUI procedures, as it can affect legal outcomes, penalties, and enforcement practices.