Fatalities resulting from alcohol-related accidents is something that states all over the US are grappling with. There has also been an increase in the number of people driving while under the influence of drugs. Both of these issues have been the focus of new laws imposed by the state of Virginia in 2020. However, when dealing with drink-driving laws, is DUI the same as DWI, or are they different?
What Do DWI and DUI Mean?
Because there are two definitions of laws relating to drinking and driving, there can sometimes be confusion between the two. DWI stands for Driving While Intoxicated, and DUI stands for Driving Under the Influence. However, different states will use the terms differently. In Virginia, they use the term DWI, however, in some states, the “I” stands for Impaired rather than Intoxicated.
Another confusion is that some states will use both DWI and DUI, but for slightly different laws. Whichever ones the state uses, the penalties can be just as severe. To make matters worse, you may also encounter OUI (Operating Under the Influence or DWAI (Driving While Ability Impaired) depending on the wording used by each state.
What The Laws Mean
The laws that govern DWI in Virginia make it illegal to drive while:
- Under the influence of drugs or alcohol
- With a blood alcohol concentration (BAC) of .08% or higher
- With more than .1 milligrams of methamphetamine in the blood
- With more than .02 milligrams of cocaine or PCP (phencyclidine) in the blood
As well as the .08% BAC for adults, those under the age of 21 must not drive with a BAC of .02% or more. Virginia also stipulates that a person doesn’t have to be driving the vehicle to get a DWI. Simply being “in actual physical control” or sitting in the driving seat with the key in the ignition, can still be classed as DWI.
What Are The Penalties?
Penalties for DWI in Virginia vary depending on the circumstances of the case and the severity of the injuries caused. In most cases, the penalty is based on the injuries inflicted on the victims and any prior convictions. Under Virginia law, any convictions for DWI will stay on your record as a previous offence for ten years. The penalties for DWI increase with each subsequent conviction:
- 1st Offense
You can receive up to 12 months in jail along with a fine ranging from $250 to $2,500. You will also have your license suspended for one year, and need an ignition interlock device (IID) fitted to your car before you can drive again. - 2nd Offense
A second offense will lead to between 10 days and 12 months in jail along with a fine ranging from $500 to $2,500. Your license will be suspended for 3 years, and you will need an IID fitted. - 3rd Offense
For the third offense, there is a jail time from 90 days up to 5 years. The fine ranges from $1,000 to $2,500, and you can have your license suspended indefinitely.
All three of these levels demand that the IID device is fitted for a period of six months, with no alcohol-related driving offences during that time.
Is a DUI the Same as a DWI?
In general terms, both a DWI and a DUI can mean the same things, and some people may use one or the other term to mean the same offense. However, under Virginia law, DWI is the official name of the offense. With alcohol and drug-related offences on the increase in many states, there will likely continue to be amendments made to the laws to try and deter people from driving while under the influence.