What is a DWI? The difference between DUI, DWI explained

Justin Timberlake arrested for DWI

Pop star Justin Timberlake was arrested on Long Island, Sag Harbor Village Police have confirmed.

Pop star Justin Timberlake was arrested on Long Island and charged with driving while intoxicated (DWI), according to sources and police records. This incident has raised questions about the difference between DWI and DUI, which can vary significantly depending on the state.

Timberlake, who was pulled over shortly after midnight on Tuesday for blowing a stop sign and failing to keep right, admitted to having one martini before driving to follow friends back to their Hamptons lodging after partying at Sag Harbor's American Hotel. Officers reported that Timberlake had bloodshot eyes, smelled strongly of alcohol and performed poorly on field sobriety tests. He refused to take a chemical test. Timberlake's friends allegedly asked officers to let him go, but the officers refused. He was released from custody shortly after being arraigned and is due back in court on July 26.

Keep reading to learn more about the difference between DUI and DWI, and how their meanings can differ in the U.S.

DUI vs. DWI: What's the difference?

The terms "DUI" (Driving Under the Influence) and "DWI" (Driving While Intoxicated or Driving While Impaired) are often used interchangeably, but their meanings and penalties can differ based on state laws.

Washington state

In Washington state, DUI and DWI are considered the same offense under the Revised Code of Washington (RCW) Section 46.61.502.
It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, a THC concentration of 5.00 ng/mL or higher or while under the influence of any intoxicating liquor, cannabis or drug.
Violations can result in gross misdemeanor charges, with more severe penalties if aggravating factors are present, such as prior offenses.

State-specific differences:

Texas: DWI refers to driving with a BAC of 0.08% or higher, while DUI applies to minors (under 21) driving with any detectable amount of alcohol.
New York: DWI is for drivers with a BAC of 0.08% or higher. DWAI stands for "Driving While Ability Impaired" and New York, it is considered a legal offense for any individual to operate a motor vehicle while impaired by alcohol consumption. "The degree of impairment can vary, and it is not solely based on a specific blood alcohol concentration (BAC) level. Even if a driver’s BAC is below the legal limit of 0.08%, they can still face DWAI charges if they show signs of impairment, such as slurred speech, slowed reaction time or poor coordination," according to New York law.
California: DUI covers both alcohol and drugs, and the penalties vary based on the severity of the offense and prior convictions.
Oregon: DUII refers to driving under the influence of intoxicants. If your blood alcholol is 0.08% or higher, you can be charged with DUII regardless of whether your driving was impaired. By operating a vehicle in Oregon, you automatically consent to a chemical test to determine the amount of drugs or alcohol in your blood stream.

The legal consequences of DUI or DWI

Driving under the influence, whether termed DUI, DWI or DUII, is a serious offense with significant legal consequences. Penalties can include fines, license suspension, mandatory alcohol education programs and even jail time. The severity of the penalty often depends on the driver’s BAC level, prior offenses and whether any aggravating factors were involved, such as causing an accident.

Timberlake’s DWI case

Timberlake's arrest is a reminder of the serious implications of driving under the influence. Despite his celebrity status, the legal system treated his offense with the gravity it deserves, highlighting that no one is above the law when it comes to driving under the influence.

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