DUI vs DWI in North Carolina (2025) | What's the Difference?
Learn the difference between DUI and DWI terminology in North Carolina. Understand how these terms are used in legal proceedings and their impact on your case.
Many people wonder about the difference between DUI and DWI in North Carolina. The truth is, they refer to the same charge with identical legal consequences and penalties.
In North Carolina, DUI and DWI are the same offense with identical legal treatment, penalties, and procedures. The state officially uses "DWI" (Driving While Impaired) under N.C.G.S. § 20-138.1, but you may hear both terms used interchangeably in legal proceedings and public discourse.
This guide explains the terminology, legal implications, and why both terms are used in North Carolina's legal system.
Table of Contents
- Official Legal Terminology
- Why Both Terms Are Used
- Legal Treatment and Penalties
- BAC Thresholds and Testing
- Common Misconceptions
- Impact on Your Case
- Frequently Asked Questions
Official Legal Terminology
North Carolina's Official Term: DWI
North Carolina officially uses "DWI" (Driving While Impaired) in all legal documents, statutes, and court proceedings under N.C.G.S. § 20-138.1.
Legal Definition:
"A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State: (1) While under the influence of an impairing substance; or (2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more."
DUI: Colloquial Term
"DUI" (Driving Under the Influence) is a colloquial term commonly used in:
- Public discourse and media
- Informal conversations
- Some law enforcement communications
- General public understanding
Why Both Terms Are Used
Historical Context
- DUI was commonly used in many states historically
- DWI became North Carolina's official legal term
- Both terms are widely recognized by the public
- Legal professionals may use either term for clarity
Practical Usage
| Context | Term Used | Reason |
|---|---|---|
| Legal Documents | DWI | Official statute language |
| Court Proceedings | DWI | Formal legal terminology |
| Law Enforcement | Both | Clarity with public |
| Public Education | Both | Broader understanding |
| Media Coverage | Both | Familiar terminology |
Legal Treatment and Penalties
Identical Legal Consequences
Whether called DUI or DWI, the offense carries identical penalties:
| Penalty Category | DWI | DUI |
|---|---|---|
| Jail Time | Same | Same |
| Fines | Same | Same |
| License Suspension | Same | Same |
| Sentencing Levels | Same | Same |
| Expungement Eligibility | Same | Same |
Sentencing Levels (Both DUI and DWI)
DWI offenses in North Carolina are classified into six levels based on aggravating and mitigating factors. The DWI levels range from Aggravated Level 1 to Level 5, with penalties as follows:
- Aggravated Level 1: 12-36 months jail, up to $10,000 fine
- Level 1: 30 days-2 years jail, up to $4,000 fine
- Level 2: 7 days-12 months jail, up to $2,000 fine
- Level 3: 72 hours-6 months jail, up to $1,000 fine
- Level 4: 48 hours-120 days jail, up to $500 fine
- Level 5: 24 hours-60 days jail, up to $200 fine
➜ Calculate your DWI/DUI penalties based on your specific case factors.
BAC Thresholds and Testing
Legal BAC Limits (Same for DUI and DWI)
| Driver Type | BAC Limit | Legal Term |
|---|---|---|
| 21 and over | 0.08% | DWI |
| Commercial drivers | 0.04% | DWI |
| Under 21 | 0.00% | DWI |
Testing Procedures
Both DUI and DWI cases use identical testing procedures:
- Breathalyzer testing at roadside
- Blood alcohol testing at medical facilities
- Implied consent laws apply to both
- Refusal penalties are the same
- Chain of custody requirements identical
Common Misconceptions
Myth 1: "DUI is less serious than DWI"
Reality: They are the same offense with identical penalties.
Myth 2: "DUI is a traffic violation, DWI is criminal"
Reality: Both are criminal misdemeanors (or felonies for habitual offenders).
Myth 3: "DUI has different expungement rules"
Reality: Expungement eligibility is identical under G.S. § 15A-145.5.
Myth 4: "DUI doesn't affect insurance the same way"
Reality: Insurance companies treat both identically for rate increases and coverage.
Impact on Your Case
Legal Proceedings
No difference in how your case is handled:
- Arrest procedures are identical
- Court proceedings use DWI terminology
- Sentencing guidelines are the same
- Appeal processes are identical
- Expungement procedures are the same
Documentation
- Police reports may use either term
- Court documents will use DWI
- Legal filings will use DWI
- DMV records will show DWI
Public Records
- Criminal background checks show DWI
- Driving records show DWI
- Employment background checks show DWI
- Professional licensing shows DWI
Frequently Asked Questions
What's the difference between DUI and DWI in North Carolina?
There is no legal difference. DUI and DWI refer to the same offense with identical penalties, procedures, and legal consequences. North Carolina officially uses "DWI" in legal documents.
Is DUI less serious than DWI?
No, they are the same offense. Both carry identical penalties, jail time, fines, and license suspension periods.
Which term should I use in court?
Use "DWI" when speaking in court or with legal professionals, as this is the official legal terminology in North Carolina.
Do DUI and DWI have different expungement rules?
No, expungement eligibility is identical for both DUI and DWI convictions under G.S. § 15A-145.5.
Will my insurance treat DUI and DWI differently?
No, insurance companies treat both offenses identically for rate increases, coverage changes, and policy renewals.
Can I get a DUI reduced to a traffic violation?
Yes, through plea negotiations, a DWI/DUI may be reduced to reckless driving or other traffic violations, but this requires legal representation and favorable case circumstances. For more information about first-time DWI offenses and potential outcomes, see our First-Time DWI in North Carolina guide.
What should I call it when talking to a lawyer?
Use "DWI" when consulting with attorneys, as this is the official legal terminology they will use in your case.
Do both terms appear on my record?
Your official criminal and driving records will show "DWI" as the offense type, regardless of which term was used during your arrest or in initial reports.
This article is for educational purposes only and does not constitute legal advice. Always consult with a qualified North Carolina attorney for legal guidance regarding your specific situation.