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1. Gerstle, John: What is the difference between a DUI and a DWI? In the state of Missouri, alcohol-related traffic offenses are classified as "Driving While Intoxicated," or DWI crimes. However other states, such as Kansas, call these offenses "Driving Under the Influence," or DUI charges. Essentially, DUI and DWI are the same thing. A DWI offense in Missouri is the same thing as a DUI offense in Kansas. Missouri also has another alcohol-related traffic offense called "Blood Alcohol Content," or BAC. This crime is the equivalent of the "under the influence" charge of DWI, which means that if your blood alcohol content level is above the 0.08% BAC limit, you are 'per se' guilty of BAC. The charges of DWI and BAC are two separate, different offenses in Missouri, and BAC is not a lesser offense compared to a Kansas DUI. The largest difference between the two charges is that the driver can be convicted of DWI if there is enough evidence pointing to impairment which is presented by the state of Missouri, even without a chemical test of the driver's blood, urine or breath. This is significant in cases where drivers refuse chemical tests in their Missouri DWI cases. However, a BAC charge actually utilizes a chemical test to prove blood alcohol content levels and pursue conviction.