You’ve probably heard people say “DUI” and “DWI” and wondered what the difference was. I get it. It’s like being in the middle of a corn maze with no idea which path to take next. Sure, there are probably a few ways to get out, but some are harder than others.
The truth is a lot of states use DUI and DWI interchangeably. But, the two terms have very different meanings and consequences in the ones that don’t.
To sow a solid understanding of the difference between a DUI and DWI, we’ll first go over how each is defined and how they differ, review Missouri DWI laws, and plant a few tips for finding a DWI lawyer when you want one.
What’s the Difference Between DUI and DWI?
Again, whenever a state has different laws for DUI and DWI, they’re usually based on the amount of a substance that’s in your system.
What is a DUI?
DUI stands for “driving under the influence.” When states differentiate this from “driving while intoxicated” (DWI), they usually describe DUI as simply driving after ingesting any kind or amount of alcohol, drugs, etc. So, even if you just have a single beer, you can be charged with a DUI if you’re pulled over.
Because of this, DUIs usually come with less severe penalties in these states since committing the act is a lot more common. Regardless, each state has its own set of consequences, so depending on where you’re driving, a DUI can end with very different punishments.
What is a DWI?
If a DUI is like trying to finish a corn maze with no compass, then a DWI is like trying to do the same thing but blindfolded. DWIs are used only when a driver has drunk so much that their ability to operate the vehicle has been impaired.
Since this is a little trickier to gauge, every state (including Missouri) uses a legal limit based on your blood alcohol content (BAC) to determine if you’re driving while intoxicated. For 49 of the 50 United States, that BAC limit is 0.08%. Utah is the only state with a different legal limit (0.05%).
Difference Between DUI and DWI in Missouri
Here’s an interesting legal fact about Missouri — we don’t have any DUI laws. No, seriously. The Show-Me state only has DWI laws, and this is because it uses the phrase “driving under the influence” in the definition of “intoxicated.” Specifically, the Revised Statutes of Missouri (RSMo) §577.010 defines a DWI as simply operating a vehicle while in an intoxicated condition. So, while the state labels the offense as a DWI, you can still risk getting charged with it even if you’re driving under the legal limit.
Other Missouri DWI Laws
What some states would call a DWI, Missouri calls “Driving with Excessive Blood Alcohol Content.” RSMo §577.012 describes the punishments you get if you’re caught driving with a BAC over the 0.08% limit. But, similar to other states, Missouri uses more severe penalties for this charge than the one described above.
Additionally, Missouri has a zero-tolerance policy for underage drinking and driving. So, if you’re under 21 and caught with a BAC over 0.02%, you automatically get a DWI, no questions asked.
What’s the Punishment for a DWI in Missouri?
As with a lot of laws across the country, the answer to this question is, “It depends.” In Missouri, there’s a range of punishments you can receive for getting a DWI, but they center around the details of your case (e.g., injuries to others, property damage, etc.)
Most of the following charges have both jail time and a hefty fine, but a DWI can also cost you your license, raise your insurance rates, or require you to use an interlock device on your car.
| Classification | Level | Details | Punishments |
| Felonies | A | Have a prior class B felony for DWI | 20 years to life in prison or the death penalty |
| B | Have at least 5 prior DWIs (or a combination of multiple DWIs where someone was hurt or killed), or the current case killed another person (especially if the driver’s BAC was over 0.18%) | 10 to 20 years in prison | |
| C | Have at least 4 prior DWIs (or a combination of multiple DWIs where someone was hurt or killed), or the current case either killed someone or seriously injured a law enforcement officer/emergency personnel. | 10 years in prison and up to a $10,000 fine | |
| D | Have at least 3 prior DWIs (or a combination of multiple DWIs where someone was hurt or killed), or the current case either seriously hurt someone or hurt a law enforcement officer/emergency personnel. | 4 to 10 years in prison and up to a $10,000 fine | |
| E | Have at least 2 prior DWIs (or a prior DWI where someone was hurt or killed), or the current case hurt someone | 4 years or less in prison and up to a $10,000 fine | |
| Misdemeanors | A | Have a prior DWI, or there was someone under 17 in the car. | 6 months or more in prison and up to a $2,000 fine |
| B | Charged with a DWI | 30 days to 6 months in prison and up to a $1,000 fine |
Hiring a DWI Attorney
If you decide to hire a DWI lawyer to help you with your case, you should do so quickly so they can have as much time to prepare as possible. However, you also shouldn’t just search for “DWI Lawyer Near Me” and randomly pick one. DWI charges are very serious matters, so if you’re hiring a DWI attorney, you want to make sure you’re picking a good one. But what are you supposed to look for?
First, make sure the attorney has a clean ethical record with the Missouri Bar and any professional organizations they’re a part of. In other words, avoid any lawyer with any disciplinary issues or a history of unethical practices.
Second, look for attorneys who have a lot of experience with DWI cases and specialize in DWI laws. A great thing to look for here is if they have experience prosecuting DWI cases in your area as well as defending them. They’ll have the most comprehensive, thorough understanding of local DWI laws and the officers (i.e., judges, police, prosecutors, etc.) most likely to be involved in your case.
Finally, before hiring any legal professional, always set up a consultation with them first to discuss their qualifications, business practices, and approach to your case. Never hire any attorney that leaves you feeling uncomfortable or pressured.
Conclusion
Getting through Missouri’s maze of drunk driving laws is difficult at the best of times. It’s a legal labyrinth that can easily confuse even people who (like yourself) understand the difference between a DUI and a DWI. Luckily, you don’t have to go it alone (unless you really want to).
An experienced DWI lawyer is like a maze-solving app, complete with GPS devices, maps, and a guide on speed dial. They’ll be able to confidently explain the issues with your case, what your best options are for building a defense, and any chances you have for getting a reduced sentence.