What is the difference between DUI and DWI? A lot of people think that there is no difference between a DUI and a DWI. However, driving while under the influence, or a DUI, is deemed to be a lesser charge because you are just under the influence of alcohol. On the other hand, driving while intoxicated, or DWI, means you are now intoxicated, which is a higher level of impairment. And that is determined by whatever the alcohol level is. In California, we don’t have DWI, just a DUI, which is called a Zero Tolerance State. It basically means that if you have a level of .08 or more, then you are going to be charged with a DUI.
