If you’ve been arrested for drunk driving in Tennessee or you want to understand the law, you have probably seen the words DUI and DWI. People use them interchangeably, but do they mean the same thing?
These phrases are not the same, and one doesn’t even apply in the state. Let’s look at the difference between DUI vs. DWI in Tennessee. This information may be helpful if you or someone you care about is facing charges.
What Is It Called Under Tennessee Law?
In Tennessee, the official charge is DUI (driving under the influence). This is the term used in statutes, police reports, court filings, and criminal charges. For drivers 21 and under, there is an offense called underage driving while impaired (UDWI) under Tenn. Code Ann. § 55-10-415. These younger drivers have a lower BAC that applies at 0.02% BAC, not 0.08%
But if you are accused of impaired driving in Tennessee as an adult, the charge will be a DUI. This does not matter whether alcohol, drugs, or a combination of substances is involved.
Why Do You Still Hear DWI?
The term DWI is used in other states, like Texas and New York. Since people have access to out-of-state legal information online, the term has made its way into everyday conversation. And to add to the confusion, the underage charge is often called a UDWI.
However, Tennessee law technically only recognizes DUI for adults. If someone says they were charged with a DWI in Tennessee, they almost always mean a DUI.
What Counts as DUI in Tennessee?
A DUI charge in Tennessee does not require you to be visibly drunk or completely impaired. The law focuses on whether alcohol, drugs, or other substances affected your ability to safely operate a vehicle.
You can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You are impaired by alcohol, drugs, or both
- You’re impaired by prescription medication or illegal drugs
A DUI covers a wide range of situations. This is not about alcohol or hitting a specific number on a breath test. It is about your ability to operate a vehicle.
No matter what you call it, the charge is still the same. The case and penalties will proceed through the Tennessee courts as normal.
What does matter is the evidence in your case, such as:
- How the stop happened
- What the officer observed
- How tests were administered
- Whether your rights were respected throughout the process
If there were any questions about how these factors were handled, your Tennessee DUI lawyer may be able to challenge them.
What Are the DUI Penalties in Tennessee?
Whether someone calls it DUI or DWI, the consequences are serious. These penalties depend on:
- Prior offenses
- BAC level
- Whether anyone was injured
Even a first offense can involve:
- Jail time
- Fines and court costs
- Driver’s license suspension
- Mandatory alcohol education or treatment
- Installation of an ignition interlock device
For repeat offenses, penalties increase quickly. They can include longer jail sentences, extended license revocation, and felony charges in some situations.
What About Alcohol vs. Drug-Related DUI?
Many people believe that a DUI only applies to alcohol, but that is not the case in the state. A DUI charge can be based on:
- Alcohol
- Illegal drugs
- Prescription medications
- A combination of substances
This means someone can be charged even without a breath test result. These charges are based on officer observations, field sobriety tests, blood tests, or other evidence.
You Need Legal Help for DUI Cases
What is the difference between DUI vs. DWI in Tennessee? The state only recognizes a DUI charge for adults. However, for those under the age of 21, they could face an underage driving while impaired charge.
If you or someone you love has been charged, you want to focus on the details of the case, not the terminology. These cases move quickly. Many of these decisions you make now will have an impact on your license, your record, and your future.
At Erik Herbert Law, we are ready to help with your DUI case. We will look at the facts of the case and provide you with a few options. Schedule a consultation today.
