DUI vs. DWI vs. DWAI: What’s the Difference? 

September 18, 2025 | Pennsylvania Law

DUI vs. DWI vs. DWAI: What’s the Difference?

In Pennsylvania, including Lancaster, the legal term for impaired driving is DUI (Driving Under the Influence). The state does not differentiate between DUI and DWI, although other states may use the terms differently. 

Pennsylvania’s DUI law covers operating a vehicle under the influence of alcohol or drugs. Driving under the influence can lead to criminal charges, but it can also lead to a civil lawsuit if a drunk driver causes a DUI accident.

This blog explores the distinctions between drunk driving terminology and Pennsylvania’s DUI laws. It also discusses a victim’s rights after a DUI accident in Lancaster, PA.

What’s the Difference Between DUI, DWI, and DWAI in Pennsylvania?

Drunk driving is illegal in all states. However, states use different terms to define the act of driving while under the influence of alcohol and/or drugs.

Driving Under the Influence (DUI)

Pennsylvania uses DUI as the official legal charge for driving while impaired by alcohol and/or drugs. A driver may be charged if their BAC (blood alcohol content) is above the legal limit. A driver may also be charged with DUI if the alcohol in their system impairs their driving ability, regardless of whether the BAC is above the legal limit.

Driving While Intoxicated (DWI)

Some states use DWI as the legal charge for driving under the influence of alcohol. Pennsylvania does not have a specific legal charge for DWI. Instead, Pennsylvania’s DUI statute applies to all substances that can cause impaired driving, including alcohol and controlled substances.

Driving While Ability Impaired (DWAI)

DWAI is not as common as DUI and DWI. However, some states use DWAI as a separate charge for drunk driving offenses. Pennsylvania does not have a DWAI classification for any impaired driving offenses.

Pennsylvania’s DUI Laws and BAC Levels

Pennsylvania’s DUI laws set the legal limit for DUI at .08% BAC. However, the state has a lower BAC for underage drivers and commercial drivers.

The legal limit for commercial drivers is .04% BAC. A zero-tolerance policy is in effect for drivers under 21 years old. It is illegal to drive with any amount of alcohol in your system if you are under 21.

There are three levels of DUI based on a person’s blood alcohol content:

  • General Impairment: The driver’s BAC is between .08% and .099%.
  • High BAC: The driver’s BAC is between .10% and .159%.
  • Highest BAC: The driver’s BAC is .16% or higher.

Understanding these limits is essential for protecting your rights and making informed decisions behind the wheel.

DUI Penalties

The penalties for a DUI depend on the driver’s BAC and other factors, such as prior drunk driving convictions. Offenders who refuse to take a chemical test may be subject to the penalties for the Highest BAC charge.

First-time DUI offenders are often sentenced to fines, probation, and alcohol safety programs. Repeat offenders face increased fines, mandatory jail time, extended license suspension, and installation of an ignition interlock device (IID).

How Does a DUI Charge Impact a Car Accident Claim in Lancaster, PA?

Impaired driving continues to be a common factor in many car accidents in Pennsylvania. In 2024, there were 7,745 recorded DUI accidents, including 244 fatalities. If a drunk driver causes an accident, they can be held liable for economic and non-economic damages under Pennsylvania’s tort laws.

Pennsylvania follows a “choice no-fault” system. After most crashes, victims first turn to their PIP coverage for medical bills, regardless of fault. To recover non-economic damages like pain and suffering, your right to sue depends on your insurance election:

  • Full tort lets you pursue both economic and non-economic damages.
  • Limited tort usually restricts you to economic losses unless an exception applies.

One key exception involves drunk driving. If the at-fault driver is convicted of DUI or enters an Accelerated Rehabilitative Disposition (ARD) program, even limited tort policyholders can seek full tort damages. If charges are dismissed or resolved without a conviction or ARD, you remain bound by your policy choice.

Filing a Personal Injury Claim for a DUI Accident in Lancaster, PA

DUI accident claims involve complicated insurance and liability issues. Prompt legal counsel is essential to protect your rights. If you need help with an accident claim, contact Marzzacco Niven & Associates for a free consultation with a Lancaster DUI accident lawyer. 

If you’ve been injured or need a lawyer to help you with your case, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963