DWI vs. DUI: Is there a difference?

( NewsNation ) — Singer Justin Timberlake was released without bail Tuesday after being charged with driving while intoxicated the previous night in Sag Harbor, New York.

Timberlake’s lawyer, Ed Burke, told Us Weekly that the charge was a single count because the singer refused a Breathalyzer test. Burke said that in addition to driving while intoxicated, Timberlake was also charged with two other court citations: running a stop sign and not traveling in the correct traffic lane.

Other celebrities have faced scandals over suspected impaired driving, though the public may be more familiar with the other charge connected to it: driving under the influence.

What’s the difference between DUI and DWI?

Both “driving while under the influence” and “driving while intoxicated” are criminal offenses in all 50 states, and some may use the terms interchangeably, according to the Cornell Legal Information Institute . For states that charge both offenses, DUI charges can mean the suspect was using alcohol, while a DWI could mean recreational or prescription drugs, the institute notes.

“Whether the charge is a DWI vs DUI is ultimately determined by the state in which the incident occurred and (blood alcohol content, or BAC) limits set,” according to Bankrate . “In fact, some states use different terminology entirely to charge an individual who has operated a motor vehicle while intoxicated.”

The federal BAC is 0.08%, though Utah implemented a lower limit, 0.05%, in 2018.

When a driver is suspected of impaired driving, usually after an officer witnesses dangerous or “erratic driving, and the driver might be asked to do a breath, blood or urine test. However, states typically require drivers to implicitly consent to chemical testing in order to get a driver’s license, meaning they could lose it if they don’t comply, Cornell said.

New York Laws

“Legally speaking,” New York, where Timberlake was arrested, does not use DUI, the Brill Legal Group said on its website. Rather, the state uses DWI, or “Driving While Ability Impaired,” which Brill said is “specific to the substance impairing the driver.”

A DWI charge is one where someone has a blood alcohol content of .08% or higher or “other evidence of intoxication,” per the New York DMV , while someone suspected of an Aggravated DWI would have a BAC of .18% or higher. While Timberlake’s BAC wasn’t tested, police said in court documents that he had “bloodshot and glassy eyes” and that officers smelled alcohol on his breath.

Someone with more than a .05 BAC but less than a 0.7 in New York would be hit with a Driving While Ability Impaired by Alcohol, or DWAI/Alcohol charge. There are also options to charge a suspect with Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug), or Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).

For a first DWI charge, as Timberlake has, the maximum fine is $500 to $1,000, and the longest sentence is a year. The driver’s license is also revoked for a mandatory six-month period.

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