If you’re pulled over and suspected of impaired driving, the specific charge you face (DUI, DWI, or DWAI) can depend on where you are and how impaired the officer believes you are. These acronyms are often used interchangeably; however, they have distinct legal meanings depending on the state. Here’s what you should know about how these charges differ and what they might mean for you.
What Is a DUI?
A DUI car accident can have devastating consequences. DUI stands for Driving Under the Influence. In most states, this means operating a vehicle while under the influence of alcohol, drugs, or a combination of both. You don’t have to be over the legal limit to be charged with a DUI. If a police officer believes your ability to drive is impaired by any substance, even prescription or over-the-counter drugs, you could be arrested and charged.
Many states use DUI as the general term for all types of impaired driving, including alcohol or drug use.
What Is a DWI?
DWI stands for Driving While Intoxicated (or sometimes Driving While Impaired). In some jurisdictions, DWI is a more serious offense than DUI. For example, DWI might apply when your blood alcohol concentration (BAC) is over a certain threshold, typically 0.08% or higher.
Other states flip the definitions and use DWI for lesser offenses. That’s why it’s important to understand how your state defines these terms. In Minnesota, the law typically refers to DWI as the standard charge for driving while intoxicated, including alcohol and drugs.
What Is a DWAI?
DWAI means Driving While Ability Impaired. It’s a lesser charge used in some states, most notably New York and Colorado. A DWAI may apply when your BAC is below the legal limit, but there is still evidence that alcohol or drugs affected your driving.
DWAI charges are not used in Minnesota, but understanding the term is helpful if you’re traveling out of state or comparing legal standards.
Are These Charges Treated Differently?
Yes – each charge can carry different penalties based on:
- The state where the offense occurs
- The driver’s BAC level
- Whether drugs were involved
- Whether the driver has any prior offenses
Some states distinguish between DUI and DWI based on the substance involved. Others may use the terms interchangeably, but escalate penalties depending on how impaired the driver was.
Even within a state, the severity of the offense can increase dramatically if:
- There was a minor in the vehicle
- The driver caused an accident
- The BAC was significantly over the legal limit
When one or more of these factors apply, prosecutors may pursue enhanced charges or additional penalties, increasing the long-term consequences of a conviction.
Holding Someone Responsible Civilly After a DUI
If you were injured in a crash caused by a drunk or impaired driver, that driver may face both criminal and civil consequences. The criminal case focuses on punishment—such as fines, jail time, or license suspension—but it does not compensate you for your losses.
A civil claim is separate and allows you to recover financial damages for what you’ve suffered. In a personal injury lawsuit, your attorney can use evidence from the criminal DUI case—like police reports, test results, and a conviction—to help prove negligence.
You may be entitled to recover compensation for:
- Medical expenses and rehabilitation costs
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages, in cases of extreme recklessness
In some cases, other parties may share liability, such as a bar or restaurant that overserved the driver (under Minnesota’s dram shop law) or a vehicle owner who negligently allowed an intoxicated person to drive. An experienced attorney can identify all responsible parties to help you recover the maximum compensation available.
Contact the Minneapolis DUI Accident Lawyers at Hall Law Personal Injury Attorneys for Help Today
If you or a loved one has been injured by a drunk or impaired driver in Minnesota, you don’t have to face the aftermath alone. The Minneapolis DUI accident lawyers at Hall Law Personal Injury Attorneys are here to protect your rights and fight for the justice you deserve.
We’ve helped countless clients recover compensation after serious crashes caused by impaired drivers. Contact our Minneapolis office today to schedule a free consultation and learn more about your legal options.
For more information, please contact an experienced car accident lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198
