They are not always two different crimes. A common misunderstanding is that DUI and DWI mean the same thing everywhere, or that one is automatically "less serious" than the other. In reality, the labels depend on the state. Some states use both terms and give them different meanings, often separating alcohol impairment from general intoxication or a lower level of impairment. Others use only one label.

What they actually mean is a comparison between two impaired-driving charges: DUI usually stands for "driving under the influence," while DWI often means "driving while intoxicated" or "driving while impaired." In Alaska, the main offense is DUI, not a separate DWI charge. Alaska's drunk- or drug-impaired driving law is AS 28.35.030, and a driver can be charged for operating a vehicle while impaired by alcohol, drugs, or with a blood alcohol concentration of 0.08% or more.

That difference matters because names on charging documents, police reports, and insurance claims need to match the law of the state where the crash happened. After a serious wreck on roads like the Glenn Highway or a remote stretch such as the Dalton Highway, confusion over DUI versus DWI can lead to mistakes about penalties, license suspension, and coverage issues.

For an injury claim, a DUI allegation can strongly affect fault, settlement value, and possible punitive damages arguments, even though the criminal case and the civil case are separate.