You may have heard the terms DUI, DWI, and DWAI used when discussing impaired driving offenses. Conversations about drunk driving often use these acronyms without much explanation. As a result, people may assume they all mean the same thing.
The reality is more complicated. Different states use different terminology to describe alcohol and drug-related driving offenses. In some states, DUI and DWI are separate crimes. Some states also recognize offenses known as DWAI, which generally involve a lower level of impairment.
If you have been injured by an impaired driver in Oklahoma, understanding these distinctions can be important.
What Is a DUI?
DUI stands for driving under the influence. Generally, a DUI offense involves operating a motor vehicle while impaired by alcohol, drugs, or a combination of substances.
In many states, DUI is the primary term used to describe impaired driving offenses. The specific legal definition varies from state to state. The key concept behind a DUI charge is impairment. A driver may be considered under the influence when alcohol or drugs affect their ability to operate a vehicle safely.
What Is a DWI?
DWI typically stands for driving while intoxicated or driving while impaired. Some states distinguish between DUI and DWI by treating one offense as more serious than the other. Other states use only the term DWI and do not recognize DUI as a separate offense.
The terminology often depends entirely on the laws of the state where the arrest occurred. Both DUI and DWI generally involve allegations that a driver’s physical or mental abilities were impaired by alcohol or drugs.
What Is a DWAI?
DWAI usually stands for Driving While Ability Impaired. States that recognize DWAI offenses use the term to describe situations where a driver is impaired to a lesser degree than would be required for DUI or DWI.
In these jurisdictions, prosecutors may charge DWAI when evidence suggests that alcohol or drugs affected the driver’s abilities. This is true even if the level of impairment does not rise to the threshold required for a more serious offense.
Which Term Does Oklahoma Use?
Oklahoma primarily uses the term DUI to describe alcohol and drug-related impaired driving offenses. Under Oklahoma law, drivers may face DUI charges when operating a motor vehicle while impaired by alcohol, drugs, medications, or other intoxicating substances.
What Are the Penalties for DUI in Oklahoma?
The penalties associated with a DUI conviction can be severe. The exact consequences depend on factors such as:
- Prior offenses
- Blood alcohol concentration (BAC)
- Whether drugs were involved
- Whether injuries occurred
- Whether children were present in the vehicle
Potential consequences can include jail time, fines, license suspension, mandatory alcohol treatment, and a criminal record.
What Damages Can Victims Recover in a Lawsuit?
When an impaired driver causes an accident, victims may be entitled to pursue compensation for several categories of losses, including economic and non-economic damages. Common damages include:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
Families who lose loved ones in DUI crashes may have legal rights to pursue wrongful death damages.
How Can a Personal Injury Lawyer Help After a DUI Accident?
A personal injury lawyer can assist victims and families in complicated legal battles. A lawyer can help by:
- Conducting an independent investigation
- Obtaining criminal case records
- Preserving evidence
- Identifying all sources of compensation and liability
- Calculating full damages
- Negotiating with insurance companies
If necessary, a lawyer can also present your case before a judge or jury.
Contact McIntyre Law To Schedule a Free Consultation With an Oklahoma City DUI Accident Attorney
Although DUI, DWI, and DWAI are sometimes used interchangeably, they have different meanings depending on the state. Oklahoma primarily uses the term DUI for impaired driving offenses. Regardless of the terminology, impaired driving can lead to serious motor vehicle accidents.
If you or a loved one has been injured by an impaired driver in Oklahoma, don’t wait to get help. Contact McIntyre Law for a free consultation with an Oklahoma City DUI accident lawyer to discuss your options. We can help protect your rights and pursue the financial recovery you deserve.
Reach out to McIntyre Law for help today. We proudly serve injured clients throughout Oklahoma City, Oklahoma County, and surrounding communities across Oklahoma.
McIntyre Law P.C. – Oklahoma City
8601 S Western Ave,
Oklahoma City, OK 73139
Monday–Friday: 8:30 AM–5:30 PM
(405) 917-5200