If you’ve been injured in a car accident in Louisiana involving a drunk or drug-impaired driver, you may hear terms like DUI, DWI, and DWAI thrown around. While these acronyms are often used interchangeably, Louisiana law officially uses the term OWI (Operating a Vehicle While Intoxicated). However, DWI remains the term most commonly used by the public, law enforcement, and courts.
Understanding these distinctions can help you make sense of the criminal process and how an impaired driving charge could impact your personal injury case.
What Is a DWI in Louisiana?
DWI (Driving While Intoxicated/Impaired) is the term most commonly used in Louisiana, but the official name of the offense under La. R.S. § 14:98 is Operating a Vehicle While Intoxicated (OWI). In practice, OWI and DWI refer to the same charge in Louisiana.
This law applies when someone operates a motor vehicle under the influence of:
- Alcohol
- Illegal drugs
- Prescription medications
- Any other substance that impairs mental or physical ability
A driver doesn’t need to have a BAC (blood alcohol concentration) of 0.08% to be charged. If law enforcement believes the person is impaired—based on behavior, test results, or refusal to test—they can still face OWI/DWI charges.
Common DWI/OWI scenarios include:
- Failing a breathalyzer test
- Refusing a chemical test
- Showing visible signs of impairment at the scene of a crash
These charges carry criminal penalties such as fines, jail time, license suspension, and ignition interlock device requirements. For victims, an OWI or DWI charge also supports a civil claim for damages by helping prove negligence.
What About DUI and DWAI?
While DUI (Driving Under the Influence) and DWAI (Driving While Ability Impaired) are used in some states, Louisiana does not recognize these terms in its criminal code.
- DUI is commonly used in states like California, Florida, and Tennessee.
- DWAI is typically used in places like Colorado and New York to describe impairment below the legal limit.
In Louisiana, regardless of whether the substance is alcohol, drugs, or a mix of both, the umbrella term is DWI.
Why the Terminology Matters in Louisiana
Though DUI and DWI may seem interchangeable, only OWI/DWI has legal weight in Louisiana. Using the wrong term could lead to confusion in legal documents or court proceedings.
However, in casual conversation or media reports, you might still hear DUI or even OUI (Operating Under the Influence) used. Just remember: if you’re in Louisiana, the correct legal charge is Operating a Vehicle While Intoxicated (OWI)—commonly referred to as DWI.
How a DWI Affects Your Injury Claim
Criminal charges are separate from your civil case, but a DWI/OWI charge can be extremely helpful in proving fault. Even if the other driver hasn’t been convicted yet, your attorney can still pursue compensation on your behalf.
Evidence that can support your claim includes:
- Police reports showing suspected intoxication
- Chemical test results or refusal to submit
- Eyewitness statements of reckless behavior
Because the standard of proof in civil cases is lower than in criminal cases, you may succeed in your lawsuit even if the DWI case is still pending.
What Kinds of Damages Can I Recover in a DWI Injury Case?
Victims of drunk or impaired driving accidents may pursue both economic and non-economic damages in Louisiana.
Economic damages cover financial costs such as:
- Medical bills and hospital expenses
- Lost income and reduced earning capacity
- Rehabilitation costs and future care needs
- Property damage
Non-economic damages cover intangible losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or permanent disability
In rare cases, Louisiana courts may also award punitive damages. These damages are only available when explicitly authorized by state statute, but drunk driving cases are one example where Louisiana law has carved out an exception.
What Should I Do After an Accident With an Impaired Driver?
If you’re injured in a crash involving an impaired driver, taking the right steps can protect your health and your legal rights.
Here are a few important actions:
- Call 911 immediately: Report the accident so law enforcement can respond and investigate.
- Seek medical attention: Some conditions take time to appear, so you should take this step even if you aren’t obviously injured. Medical records also serve as critical evidence.
- Collect evidence: If possible, take photos and videos and gather contact information from witnesses.
- Do not talk to the insurance company without legal help: Adjusters often try to minimize payouts and may try to deny your claim outright.
From here, set up a free consultation with an attorney. A lawyer can explain how OUI or OWI charges may impact your case and help you pursue full compensation.
Contact a Louisiana Personal Injury Lawyer for Legal Help
A DWI or OWI charge is a clear sign that another driver acted recklessly. If you’ve been hurt because of that behavior, you deserve to be compensated. The criminal case may punish the driver—but it won’t pay your medical bills or help you recover lost wages. That’s where a civil injury claim comes in.
Let an experienced Louisiana personal injury lawyer handle the legal process and fight for what you’re owed. Reach out to Mansfield Melancon Car Accident and Personal Injury Lawyers today for a free consultation and get the support you need to move forward.We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
365 Canal Street Suite 415
New Orleans, Louisiana, 70130
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991
Mansfield Melancon Car Accident and Personal Injury Lawyers – Metairie Office
111 Veterans Memorial Blvd, Suite 255
Metairie, Louisiana, 70005
(888) 601-0127