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What is the difference between driving under the influence and driving while intoxicated?
I always hear about people getting arrested for DUI’s and DWI’s…what’s the difference?
under the influence can mean drugs too, intoxicated is alcohol. some states only have DUI but New York has both
NOTHING! Both times you are drunk!
Influence = drugs, alchol, even prescription drugs (some have adverse affects to driving).
Intoxicated – mostly being drunk
under the influence – drugs etc.
intoxicated – alcohol
DUI and DWIs are new ways of saying, if your caught, your screwed.
They are the same….it depends on the State or the department. We have three classifications: 1) DUI – alcohol 2) DUI – Drugs 3) DUI – alcohol / drugs.
Most excellent question. Both of these terms are somewhat dated. Driving While Intoxicated was last used by the state of FL in the 70’s. This was because it was much easier to prove that a driver was under the influence of alcohol or drugs. It is not necessary for the state to demonstrate that the driver was intoxicated. Most would agree that a driver’s ability to operate a motor vehicle would be impaired before the individual would become intoxicated. Did you know that the BAC for DWI used to be .15 in the early 70’s? It was then dropped to .10 and then finally to .08 which, of course, is nearly half of what was originally allowed by most states.
Having said that, impairment is all the state has to prove for a DUI case. This is from chapter 316.194 on presumption of impairment:
It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.
Hope that helps.
Mostly it is how the state terms it. But technically, “under the influence” includes drugs as well as alcohol, while “while intoxicated” indicates alcohol only.