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DUI versus DWI Canada

DUI or DWI? The Shocking Reality in Canada!

You’ve heard the terms DUI and DWI thrown around in Canada, but what if I told you that these names have absolutely no legal bearing in Canadian courts, and the shocking truth is that they’re actually American terms that have taken over our language?

DUI and DWI: American Terms in Canada

If you’re like most Canadians, you probably thought DUI and DWI were the official terms for impaired driving charges in Canada. 

But that’s not true.

Legal Term in Canada: Impaired Driving

The reality is that our legal system doesn’t use these terms at all. Instead, the Canadian Criminal Code refers to drunk driving offenses as “impaired driving.

So, why do we use DUI and DWI so much? 

Well, it turns out that these terms made their way up from the United States. When the United States started creating their impaired driving laws way back in the early 1900s, most of them used the phrase “driving under the influence,” which is where “DUI” comes from.

And somehow, the term “DUI” managed to catch on in Canada too, even though our laws never actually use those words.

And we at NextLaw use the term DUI all the time because that is what people in Canada who are interested in this topic search for.  They search for DUI so that is what we use.

Now, you might be wondering, what’s the big deal? DUI, DWI, impaired driving – they all mean the same thing, right? Well, yes and no. While they all refer to driving while drunk or high, there can be some small differences. For example, in certain states, DUI might be used for alcohol-related charges, while DWI could be for drug-related ones.

Consequences of Impaired Driving in Canada

But in Canada, the bottom line is this: it doesn’t matter what you call it. If you’re caught driving while impaired, you’re going to face some serious consequences. We’re talking license suspensions, fines, criminal records and potentially jail time.

So, the next time you hear someone mention a DUI or DWI in Canada, remember: those are just imported terms. The real name for these charges in our neck of the woods is “impaired driving.” And trust me, no matter what you call it, it’s never a good idea to get behind the wheel while under the influence.

What is the legal term for DUI in Canada?

In Canada, the legal term used in the Criminal Code for DUI is 'impaired driving.' Unlike in the U.S., the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) are not officially used in Canadian law.

Are DUI and DWI the same as impaired driving in Canada?

While DUI and DWI are commonly used terms, in Canada, the official legal terminology is 'impaired driving.' Whether called DUI, DWI, or impaired driving, the consequences include fines, license suspensions, and possibly jail time.

The Ontario DUI Arrest Test

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

Do You Want to Keep Driving?
Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

Do you want to avoid a DUI Charge?

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.