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DUI vs DWI

DUI vs DWI in Missouri: What’s the Difference?

f you were arrested in Missouri and are seeing both DUI and DWI online, you are not alone. Many clients contact us confused, worried they are facing two different charges, or believing one applies to alcohol and the other to drugs.

Under Missouri law, DUI and DWI are the same offense.

Missouri does not have a separate DUI statute. The legal charge is Driving While Intoxicated (DWI), regardless of whether the alleged intoxication involves alcohol, drugs, prescription medication, or a combination.

Missouri Uses One Charge: DWI

Under RSMo § 577.010, a person commits the offense of Driving While Intoxicated if they operate a motor vehicle while intoxicated.

That statute applies to:

  • Alcohol
  • Illegal drugs
  • Prescription medications
  • Any substance that impairs driving

The term DUI is commonly used by the public, other states, and search engines. In Missouri courts, the charge is DWI.

DUI and DWI Mean the Same Thing in Missouri

There is no legal distinction in Missouri between DUI and DWI.

Common misconceptions we hear:

  • DUI means drugs and DWI means alcohol
  • DUI is less serious than DWI
  • DUI is a different charge than DWI

None of these are true under Missouri law.

If you are arrested for impaired driving in Missouri, the charge will be DWI, even if you searched for a DUI attorney or were told “DUI” informally.

Why You See Both DUI and DWI Online

People search for DUI attorney far more often than DWI attorney. As a result:

  • Law firms use both terms to help clients find accurate information
  • DUI is often used as shorthand for DWI
  • The legal analysis is the same

When you see DUI used on our website, it refers to DWI charges under Missouri law.

Alcohol vs Drug DWI Cases

While DUI and DWI are the same charge, the defense strategy can differ depending on what the State alleges caused impairment.

Alcohol-based cases may involve:

  • Breath or blood testing
  • Field sobriety testing
  • BAC thresholds

Drug-based cases may involve:

  • Blood testing only
  • Delayed testing and timing issues
  • Prescription medication defenses
  • Expert testimony

The charge is still DWI in both situations.

Choosing the Right Page for Your Situation

To make things easier, we provide information using both DUI and DWI language, even though the law uses DWI.

You can learn more about your specific situation here:  (MAKE THESE LINKS INTERNALLY)

First Offense

  • First Offense DWI
  • First Offense DUI Attorney

Second Offense

  • Second Offense DWI
  • Second Offense DUI Attorney

Felony Charges

  • Felony DWI Based on Prior Offenses
  • Felony DUI Based on Prior Offenses

Accident With Injury

  • Felony DWI Accident With Injury
  • Felony DUI Accident With Injury

All pages address the same Missouri statutes, just using different search terminology.

Bottom Line

If you were arrested in Missouri:

  • You are not facing separate DUI and DWI charges
  • The offense is DWI, regardless of substance
  • DUI is simply the term many people use when searching for help

What matters most is not the label, but:

  • The facts
  • The evidence
  • The timing
  • How the case is defended

Speak With a Missouri DUI or DWI Attorney

If you are unsure what you are charged with, or what it means for your license, record, or freedom, we can help clarify that immediately.

Initial consultations are always free.

Contact Kissell Law Group today to discuss your situation and determine the best next steps.

Need Any Help?

Need Any Help, Call Us 24/7 For Support

St. Louis

314-669-4394

Kansas City

816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105