In Missouri, a difference is not recognized. The terms are
used interchangeably, but the proper term that has been accepted in
Missouri is DWI. The only difference recognized is a conviction
for excessive BAC. In Missouri, a person is guilty of a DWI if "he
operates a motor vehicle while in an intoxicated or drugged
condition.” However, a driver may be found guilty of BAC anytime
a blood, breath, or urine test shows the driver operated a motor
vehicle in Missouri with a BAC of .08 or more. The primary
difference is that a driver can be convicted of a DWI if impairment is
proven without evidence of an actual BAC exceeding .08, but a BAC
charge requires conclusive evidence of a .08 BAC or higher. These are 2
separate charges; however, the penalties are the same for
each.