A DUI and DWI are basically the same thing. A DUI would be driving under the influence while a DWI is driving while intoxicated. Some states will use one or the other and other states have both. The states that use both, the DUI would have a lesser degree of intoxication and would have a lesser charge. New York, for example, classifies anyone with a blood alcohol level of .08 or above as a DWI and anyone under that amount would get a DUI.