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Is a DWI or DUI Worse?

Anthony S. Bretz Feb. 23, 2026

People often ask me whether a DWI or DUI is worse. The answer is neither. In Missouri, people often use one or the other but the terms can be used interchangeably. There is no separate charge of DUI under Missouri law. RSMo. 577.010 defines the offense as Driving While Intoxicated, or DWI, where a person is intoxicated if they are under the influence of alcohol, a controlled substance, or drug, or any combination.

What matters more is whether it's charged as a misdemeanor DWI or a felony DWI; or if there was an accident, as well as your prior history and whether anyone was hurt. Prosecutors and judges look at factors like your blood alcohol level, cooperation with police, and steps you take afterward; including treatment, counseling, and involvement in the community. Insurance companies and employers care less about the label and more about the fact that you have an intoxication-related traffic offense. Focusing on minimizing the consequences is more important and requires experienced drunk driving defense. How you handle your DWI charge can affect the potential consequences of any future arrests for driving while intoxicated. Contact Anthony Bretz today if you've been arrested for DWI.