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

October 3, 2025 | The King Firm Car Accident and Personal Injury Lawyers

Someone dies in the United States in a drunk driving crash approximately every 42 minutes. Unfortunately, many people still decide to get behind the wheel of a vehicle after drinking. Drivers who are caught operating a vehicle under the influence of alcohol or drugs can face severe legal consequences, including stiff fines and even jail time.

In some states, the impaired driving law that applies to your situation depends on your level of impairment and the specific substance in your system. However, Georgia’s DUI laws do not differentiate this level of detail, even though drunk driving frequently leads to serious car crashes. Continue reading below to learn more about the differences between a DUI, DWI, and DWAI.

What Is a DUI?

A DUI means that someone is “Driving Under the Influence.” In Georgia, this may apply to situations involving the influence of drugs, alcohol, or other substances.

According to Georgia law, it is unlawful for anyone to operate or control a vehicle while:

Having a blood alcohol content (BAC) of 0.08 or higher
Under the influence of alcohol, such that it is unsafe to drive
Under the influence of drugs to the extent that it is unsafe to drive
Under the influence of glue, aerosol, or any toxic vapor to the extent that it is unsafe to drive
Under the influence of any combination of two or more of these substances

Notice that Georgia’s DUI law does not just apply to situations involving alcohol. The law is wide enough to account for situations involving many types of substances. It is also worth noting that the legal limits for those under 21 and those who possess a commercial driver’s license (CDL) are even more strict.

What Is a DWI?

DWI typically stands for “Driving While Intoxicated.” Georgia does not have a separate and distinct DWI charge. However, some states have separate DWI charges that apply specifically to alcohol-impaired driving situations.

Some of the states that have DWI laws on the books include:

Alaska
Arkansas
Louisiana
Minnesota
Missouri
New Jersey
New Mexico
New York
North Carolina
Texas

In most of these states, a BAC of 0.08 or higher is enough to receive a DWI charge. Even in these states, DWI charges may also be appropriate when a driver’s BAC is lower than the legal limit if their ability to operate a vehicle is impaired. Again, drivers under 21 and those with a CDL may face DWI charges with even lower amounts of alcohol in their system.

What Is a DWAI?

DWAI is a less common charge, and it stands for “Driving While Ability Impaired.” Only a few states have specific DWAI laws on the books. Typically, DWAI charges can involve either drugs or alcohol, although these charges are usually less serious than DUI or DWI charges.

For instance, drivers in some states may face DWAI charges for a BAC of 0.05 or more. Georgia is not one of the states that have separate DWAI charges. All cases involving impaired driving due to either drugs or alcohol are included in the state’s DUI laws.

What Are the Penalties For DUI in Georgia?

Even though Georgia lumps all its impaired driving charges under the DUI law, the penalties for violating this law can be severe. Georgia takes impaired driving very seriously, and these harsh penalties are designed to prevent instances of impaired driving.

If convicted on DUI charges, you could face:

First offense: Fines up to $1,000, jail time up to 12 months, probation, license suspension of up to 12 months, 40 hours of community service, and a substance abuse course
Repeat offenses within 10 years: Higher fines, longer jail sentences, longer license suspension, 30 days of community service, a DUI course, and habitual offender status

Offenders who cause a car accident and hurt someone else can face even more serious penalties. These offenders may face serious felony charges with fines of up to $10,000 and prison sentences of 10 years or more.

Additional Consequences

In addition to criminal penalties, those convicted of a DUI in Georgia may also face other consequences.

These consequences may affect their life in many ways, including:

Difficulty finding employment: A DUI conviction may limit your ability to find a job, and it could result in the suspension of professional licenses, such as a law or medical license.
Higher insurance premiums: Insurance companies consider drivers with a DUI on their record a higher risk, so their auto insurance premiums may increase significantly.
Transportation challenges: If you lose your license due to a DUI, you may be forced to find alternative means of transportation to work or perform your normal activities.
Civil lawsuits: If you injure someone else while intoxicated, you may find yourself facing civil liability for any damages that you caused to another party.

The effects of a DUI go well beyond just the criminal charges you will be facing. They can affect every aspect of your life, and this is why you should never get behind the wheel of a vehicle after drinking or using any type of substance that impairs your physical or cognitive abilities.

What to Do After a DUI Accident

If you are injured in a DUI accident in Tifton, knowing how to handle the situation can help protect yourself and your legal rights.

After the accident, follow the steps outlined below:

Call 911 and get immediate medical treatment for your injuries. This also notifies the police of the situation so that they can assess any potential criminal charges that need to be filed.
If you are able, gather evidence from the scene. Take photos of all the vehicles involved as well as the scene itself. Additionally, obtain names and contact information of any witnesses who saw the accident.
Notify your insurance company of the accident, but never give a statement to the other driver’s insurance without talking to a lawyer. Their insurance company will look for every way they can to deny your claim, and they will use the things you say against you.
Talk to an experienced personal injury lawyer for help. Your lawyer can help you explore all available insurance coverage to help you maximize your financial recovery.

Taking these steps right after the accident can make a big difference in your safety, your recovery, and your ability to handle the challenges that follow.

Contact the Tifton DUI Accident Lawyers at The King Firm Car Accident and Personal Injury Lawyers for Help Today

If you are hurt in a DUI accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. You may even have a right to recover punitive damages in some of these cases.

The experienced team at The King Firm Car Accident and Personal Injury Lawyers can help you pursue maximum compensation for your injuries. Contact us today for a free consultation with a Tifton DUI accident attorney.

We have three convenient locations throughout Georgia:

The King Firm Car Accident and Personal Injury Lawyers – Tifton Office
1603 US Hwy 41, Tifton, GA 31794
(229) 386-1376

The King Firm Car Accident and Personal Injury Lawyers – Griffin Office
3317 Fayetteville Rd, Griffin, GA 30223
(404) 567-4546

The King Firm Car Accident and Personal Injury Lawyers – Macon Office
886 Mulberry St, Macon, GA 31201
(478) 292-7272

Or if you would prefer to reach out to us online, please visit our contact us page.