There is no difference between a DWI (Driving While Intoxicated) and DUI (Driving Under the Influence). Under New Jersey’s drunk driving law (N.J.S.A. 39:4-50), DWI and DUI are the same thing. In fact, the terms “DWI” and “DUI” are used interchangeably. Both DUIs and DWIs can be based upon alcohol, CDS (illegal drugs) or prescription medication.