Is There a Difference Between DUI and DWI in Idaho?

When it comes to impaired driving charges, many people hear acronyms like DUI and DWI and wonder if they're different offenses or just two terms for the same thing. The answer depends largely on where you live. Some states draw a legal distinction between the two, while others use the terms interchangeably. So what's the case in Idaho?

In this blog post, we'll explore the difference—or lack thereof—between DUI and DWI under Idaho law, clarify how Idaho treats various types of impaired driving, and explain what residents of Boise and beyond should know about how these terms affect real-world legal situations.

Understanding the Terminology

DUI stands for Driving Under the Influence, while DWI typically stands for Driving While Intoxicated or Driving While Impaired. In some states, these terms refer to separate charges based on the type or degree of impairment:

• DUI might apply to alcohol or drug impairment.

• DWI could refer specifically to alcohol, or in some jurisdictions, to a more serious level of impairment.

However, Idaho does not use DWI as a separate legal term or charge. In Idaho, DUI is the only formal designation used for impaired driving offenses.

Idaho's Official DUI Definition

Idaho Code § 18-8004 governs impaired driving in the state. It defines DUI as operating or being in actual physical control of a motor vehicle:

• With a blood alcohol concentration (BAC) of 0.08% or higher for regular drivers,

• With a BAC of 0.04% or higher for commercial drivers (CDL holders),

• With a BAC of 0.02% or higher for drivers under the age of 21,

• Or while under the influence of alcohol, drugs, or any other intoxicating substance, regardless of BAC.

This means Idaho law casts a wide net: you can be charged with DUI based on alcohol, illicit drugs, or even legal prescription medications if they impair your ability to drive safely.

What About DWI in Idaho?

The term DWI has no legal standing in Idaho courts. You won't see it on citations, charging documents, or in the Idaho statutes. If you hear someone in Boise mention a “DWI,” they're likely using a general or informal term for what Idaho legally recognizes only as DUI.

This distinction is important because Idaho courts, law enforcement, and DMV processes are all standardized around the DUI terminology. Using the wrong term in a legal setting could cause confusion or miscommunication.

How Other States Handle DUI vs. DWI

While Idaho uses only DUI, it's helpful to understand how the distinction plays out elsewhere, especially if you have moved to Idaho from another state or face charges across state lines.

• Texas: Differentiates between DUI (for minors) and DWI (for adults).

• New York: Uses both terms, with DWI representing a higher BAC than DUI.

• California: Only uses DUI.

• Arizona: Also uses DUI exclusively, like Idaho.

If you're from a state that recognizes both, it's natural to assume they're different charges in every state—but that's not the case here in Idaho.

DUI Charges in Idaho: Variations and Enhancements

Although Idaho doesn't use DWI, it does have several categories and enhancements under the umbrella of DUI, including:

• Standard DUI: BAC of 0.08% or evidence of impairment.

• Underage DUI: BAC of 0.02% or more for drivers under 21.

• Commercial DUI: BAC of 0.04% or more for CDL holders.

• Excessive DUI: BAC of 0.20% or higher; comes with enhanced penalties.

• Aggravated DUI: Involves injury and may be charged as a felony.

So while Idaho doesn't label these offenses as DWI or DUI, it does distinguish between the severity and circumstances of DUI-related conduct, often with sharply escalating consequences.

Consequences of a DUI in Idaho

Whether it's your first offense or a repeat, a DUI in Idaho can carry serious legal, financial, and personal consequences:

• First offense: Up to 6 months in jail, up to $1,000 in fines, 90 to 180 days license suspension, mandatory alcohol evaluation, and ignition interlock installation.

• Second offense (within 10 years): Mandatory jail time, longer license suspension, and higher fines.

• Third offense (within 10 years): Felony DUI with potential prison time and loss of civil rights.

Idaho takes DUI offenses seriously, and the lack of distinction between DUI and DWI means that all impaired driving offenses fall under the same strict framework.

Why the Terminology Still Matters

Even though Idaho uses only DUI, people commonly use DWI in conversation, especially if they've lived in or heard about laws from other states. In practice, the two terms are often used interchangeably by the public, but only DUI has legal significance in Idaho.

If you're cited or arrested in Boise or anywhere else in the state, your paperwork will reflect a DUI—not a DWI. When researching Idaho law, consulting legal resources, or speaking with an attorney, using the correct terminology ensures accurate understanding and communication.

Final Thoughts

In Idaho, there's no legal difference between DUI and DWI—because the law recognizes only DUI. While you may hear both terms in general conversation, especially among those with experience in other states, only DUI carries legal weight in Idaho courts.

Understanding this distinction helps clarify your rights and responsibilities if you're ever involved in a DUI case. Knowing the language that Idaho law uses ensures you're informed, prepared, and able to navigate the legal system with confidence.