Have you heard people use the terms DUI and DWI and wondered what the difference between them was?

DWI stands for Driving While Impaired and DUI means Driving Under the Influence. Although you often hear both terms used, the state of North Carolina does not make a distinction between them. Prior to 1983 there was a separate charge of DUI that was considered a lower crime than DWI, but the North Carolina’s Safe Roads Act of 1983 change that and put everything under a single offense–DWI.

Below are some other terms that you may have heard.

  • Driving under the Influence (DUI)
  • Driving while Intoxicated
  • Operating Under the Influence (OUI)
  • Operating While Impaired (OWI)
  • Operating a Vehicle Impaired (OVI)
  • Operating a Motor Vehicle Impaired (OMVI)
  • Drunk or Drugged Driving

In North Carolina, there is no practical difference between Driving While Impaired (DWI) or these terms above.

Regardless of what term is used, being convicted of DWI indicates that you drove a motor vehicle while impaired by some substance. It is not necessary for the impairing substance to be alcohol as some of the terms above would indicate (i.e. Driving While Intoxicated, Operating While Intoxicated, or Drunk Driving). It is possible to be convicted of DWI when you are impaired by a substance other than alcohol, including, but not limited to, marijuana, cocaine, and prescription medications. The term Driving While Impaired, or DWI for short, was created to include all substances that a person may consume that might impair their ability to drive.

North Carolina also recognizes the charge of aiding and abetting a DWI. If you hand the keys to your car to someone who you know is impaired (and they drive) you could be charged and convicted of a DWI under the legal theory of aiding and abetting. While this is always punished as the lowest level (Level 5), it is a conviction of DWI, and carries all the punishment of a Level 5 DWI. We fight these cases.

You can also be convicted of a DWI if you have any amount of a schedule I controlled substance in your blood. This is called a “per se” violation and the State does not even have to prove actual impairment. Schedule I drugs under North Carolina law include: opiates, Codeine methylbromide, Heroin, Morphine, and many hallucinogenic substances including MDA, MDE, and MDEA. These are just a few of the better-known drugs, there are hundreds of compounds listed in Schedule I. If any amount of these substances is found in your blood then the State may be able to convict even without a showing of impairment. This is like the State proving that you have .08 of alcohol without proving actual impairment.

North Carolina is a Zero tolerance state and has harsh punishments for DWI convictions, if you or someone you know has been charged with a DWI then your next step is to contact an experienced DWI attorney at Dummit Fradin Attorneys at Law : Contact us today

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