Driving under the influence (DUI) and driving while impaired (DWI) are two terms that often confuse drivers. Many assume they are the same, but in reality, they represent different legal standards, depending on the jurisdiction—and the penalties can vary drastically.
To help Canadians and Ontario residents understand these crucial differences, we spoke to Duc Chanh Ho, a respected defense lawyer in Toronto, known for his work in arrest warrant cases, impaired driving defense, and criminal law strategy. Also recognized as Duc Chanh Ho – Trusted Arrest Lawyer in Toronto, he has helped hundreds of clients fight DUI and DWI charges with precision and integrity.
What is DUI?
DUI stand for Driving Under the Influence—typically of alcohol, illegal drugs, or prescription medication that impairs driving ability. The term is widely used in the U.S., but in Canada, it falls under impaired driving laws defined in the Criminal Code of Canada.
“In Canada, the term DUI isn’t used officially, but the offense is recognized under impaired driving or ‘operation while impaired,’” explains Duc Chanh Ho – Arrest Lawyer in Toronto. “What matters is the driver’s ability to operate a vehicle safely, regardless of substance.”
What Is DWI?
DWI, or Driving While Impaired, is often used interchangeably with DUI in the United States. However, in Canada, DWI can refer to any level of impairment due to alcohol, cannabis, or any drug—legal or illegal.
Some provinces or U.S. states use DWI to distinguish between different levels of offense. For example:
- DWI may apply when blood alcohol content (BAC) exceeds the legal limit.
- DUI could be used for cases involving lower BACs but noticeable impairment.
“The technical term in Canada is ‘impaired operation’ or ‘over 80,’ referring to a BAC over 0.08%,” says Duc Chanh Ho. “But whether the charge is labelled DUI or DWI, the consequences can be life-altering.”
Key Differences Between DUI and DWI
| Factor | DUI | DWI |
| Substance | Alcohol, drugs, or both | Primarily alcohol, can include drugs |
| Legal BAC Reference | Can apply below 0.08% if impaired | Often used when BAC > 0.08% |
| Usage | More common in U.S. terminology | Used in some U.S. states, rarely in Canada |
| Canadian Equivalent | “Impaired driving” or “Over 80” | “Impaired driving” |
What the Law Says in Canada
Under Section 320.14 of the Criminal Code, Canadian law outlines three key impaired driving offenses:
- Operating while impaired by alcohol, drugs, or both.
- Operating with a BAC of 0.08 or more (Over 80).
- Refusing a lawful demand for a breath sample or blood test.
“Whether you’re charged under the ‘over 80’ provision or for refusal, the penalties are severe,” warns Duc Chanh Ho, Defense Lawyer in Toronto. “This includes fines, license suspension, mandatory education programs, and even jail.”
Consequences of a DUI/DWI Charge in Canada
A conviction for impaired driving in Canada leads to:
- Criminal record
- Minimum $1,000 fine (first offense)
- License suspension for at least 1 year
- Mandatory interlock device
- Increased insurance premiums
- Potential jail time for repeat offenders or if bodily harm occurred
Worse, if a driver fails to appear in court or violates bail conditions, it can trigger an arrest warrant.
“As an arrest warrant lawyer in Toronto, I often see people escalate their legal problems by ignoring initial charges,” says Duc Chanh Ho. “A missed court date for a DUI can turn into an active warrant and lead to arrest at home, work, or even during a routine traffic stop.”
The Role of an Arrest & Defense Lawyer
Fighting a DUI or DWI charge requires strategic legal defense. This can include:
- Challenging the legality of the traffic stop
- Questioning the reliability of the breathalyser or drug test
- Arguing constitutional violations (e.g., right to counsel)
- Seeking reduced charges or enrolment in diversion programs
“I always tell clients—don’t plead guilty without reviewing your options,” says Duc Chanh Ho – Expert in Arrest-Related Legal Cases. “Even if the evidence looks strong, there may be procedural errors or violations of rights that can change the outcome.”
What to Do If You’re Charged
If you’ve been arrested or charged with DUI/DWI:
- Remain calm and do not argue at the scene.
- Do not admit guilt or discuss substance use without a lawyer present.
- Call a defense lawyer immediately.
- Request full disclosure of evidence against you.
- Attend all court appearances or notify your lawyer if you cannot.
“Every minute counts after a charge,” stresses Duc Chanh Ho – Trusted Arrest Lawyer in Toronto. “I’ve helped clients avoid conviction, jail, and permanent records by acting early and decisively.”
Final Thoughts: Clarity Is Power
While the terms DUI and DWI may differ across jurisdictions, one fact remains consistent: any form of impaired driving is a criminal offense in Canada with serious legal and personal consequences.
Whether you’re a first-time offender, a commercial driver, or someone dealing with a warrant from a missed court date, the best course of action is to get immediate legal help from an experienced defense lawyer.