DUI vs. DWI: What’s the difference?
Updated 6:00 p.m. UTC Jan. 16, 2024
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Key points
- Driving while intoxicated (DWI) and driving under the influence (DUI) are similar terms, but definitions and repercussions for DUI vs. DWI vary by state.
- Penalties for driving infractions involving alcohol and drugs can include a fine, jail time, license suspension, limited driving privileges and ignition interlock programs.
- After a single DUI or DWI, drivers should expect significantly higher car insurance rates.
You should never get behind the wheel after you’ve been drinking. You could hurt yourself or someone else and face legal repercussions if you’re caught and charged with driving under the influence (DUI) or while intoxicated (DWI). Either violation will go on your driving record, and from a financial standpoint, you could be facing significant fines and higher car insurance rates.
DUI vs. DWI
DUI and DWI charges are both related to driving a vehicle after consuming drugs or alcohol, but their definitions vary by state.
Generally speaking, these are the differences:
- DUI signifies a driver was behind the wheel while they were under the influence of drugs or alcohol, and had enough of the substance in their system to be detected.
- DWI may indicate a driver was intoxicated while they were operating their vehicle.
In states that view DUIs and DWI as different offenses, the distinction between “intoxication” and “under the influence” is sometimes determined by a driver’s blood alcohol concentration (BAC) when they are arrested.
Some states or jurisdictions may use terms such as “operating under the influence” (OUI) or “operating while intoxicated” (OWI) interchangeably or instead of DUI or DWI. For example, OWI is often used in Iowa, Indiana and Wisconsin, while OUI is often used in Alaska, Connecticut, Massachusetts and Maine.
Other states may rely on other definitions to define and subsequently charge individuals for driving while under the influence or impaired. See your state’s Department of Motor Vehicles or equivalent department to determine the language and differentiating factors used by your state.
How DWI vs. DUI laws can vary by state
The circumstances that lead to a DUI, DWI or similar charge are essentially the same — a driver is under the influence or impaired by drugs or alcohol — but the definitions of these charges as well as the punishments can vary by state.
Some states use DUI and DWI interchangeably, with each representing an offense in which the driver had a BAC over the legal limit, generally 0.08.
Other states set specific BACs to determine whether a driver is charged with a DUI, DWI or similar infraction, such as driving while intoxicated (DWI) or driving while ability impaired (DWAI).
For instance, in New York:
- Driving while intoxicated (DWI) with a BAC of 0.08 or higher, or driving while impaired by a drug (DWAI/Drug) results in a $500 to $1,000 fine, a one-year maximum jail term and your license being revoked for at least six months.
- Driving while ability impaired by alcohol (DWAI/Alcohol) with a BAC above 0.05 but less than 0.07 results in a $300 to $500 fine, a 15-day maximum jail sentence and a 90-day license suspension.
States also have different guidelines around penalties, including:
- License suspension.
- Limited driving privileges, such as if you’re allowed to drive to and from work after a drunk driving offense.
- Ignition interlock programs, or the placement of a breathalyzer device to blow in before your car starts. In some states, you may be required to have an interlock system if you’re a repeat offender or if your BAC is over a certain limit when arrested, while others may require it regardless of those factors.
Penalties for alcohol and drug-related driving violations by state
State | Administrative license suspension on first offense | Limited driving privileges during suspension | LEARN MORE | ||
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Alabama | 90 days | None | Compare Quotes | Compare quotes offered by participating partners | |
Alaska | 90 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Arizona | 90 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Arkansas | 6 months | Yes | Compare Quotes | Compare quotes offered by participating partners | |
California | 4 months | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Colorado | 3 months | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Connecticut | 90 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Delaware | 3 months | No | Compare Quotes | Compare quotes offered by participating partners | |
Washington, D.C. | 2 to 90 days or until deposition | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Florida | DUI: 6 months Refusal: 12 months | DUI: After 30 days Refusal: After 90 days | Compare Quotes | Compare quotes offered by participating partners | |
Georgia | 1 year | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Hawaii | 3 months | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Idaho | 90 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Illinois | 6 months | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Indiana | 180 days | Available immediately | Compare Quotes | Compare quotes offered by participating partners | |
Iowa | 180 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Kansas | 30 days | No | Compare Quotes | Compare quotes offered by participating partners | |
Kentucky | 30 to 120 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Louisiana | 12 months | Yes (Except with a 2nd conviction with BAC .20 — then eligible only after 45 days of suspension has expired) | Compare Quotes | Compare quotes offered by participating partners | |
Maine | 150 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Maryland | 180 days for both BAC .08 and .15 for first offense | Yes, with interlock | Compare Quotes | Compare quotes offered by participating partners | |
Massachusetts | 90 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Michigan | 30 to 180 days | After 45 days | Compare Quotes | Compare quotes offered by participating partners | |
Minnesota | 90 days | After 15 days | Compare Quotes | Compare quotes offered by participating partners | |
Mississippi | 90 days | No | Compare Quotes | Compare quotes offered by participating partners | |
Missouri | 90 days | After 0 days with interlock use (restricted) After 30 days (restricted) | Compare Quotes | Compare quotes offered by participating partners | |
Montana | 6 months | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Nebraska | 90 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Nevada | 90 days | After 45 days | Compare Quotes | Compare quotes offered by participating partners | |
New Hampshire | 6 months | No | Compare Quotes | Compare quotes offered by participating partners | |
New Jersey | 3 months | No | Compare Quotes | Compare quotes offered by participating partners | |
New Mexico | Under 21: 1 year 21 and over: 6 months | Immediately with ignition interlock | Compare Quotes | Compare quotes offered by participating partners | |
New York | Yes | Yes, interlock required | Compare Quotes | Compare quotes offered by participating partners | |
North Carolina | 30 days | After 10 days | Compare Quotes | Compare quotes offered by participating partners | |
North Dakota | 91 Days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Ohio | 90 days | After 15 days | Compare Quotes | Compare quotes offered by participating partners | |
Oklahoma | 180 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Oregon | 90 days | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Pennsylvania | None | Occupational limited license and ignition interlock limited license programs required | Compare Quotes | Compare quotes offered by participating partners | |
Rhode Island | 30-180 days | No | Compare Quotes | Compare quotes offered by participating partners | |
South Carolina | 1 month (BAC .15 or higher) | Yes, interlock required | Compare Quotes | Compare quotes offered by participating partners | |
South Dakota | 30 days | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Tennessee | 1 year | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Texas | 90 days (BAC .08 or greater) 180 days for refusal | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Utah | 120 days | No | Compare Quotes | Compare quotes offered by participating partners | |
Vermont | 90 days | No | Compare Quotes | Compare quotes offered by participating partners | |
Virginia | 7 days | No | Compare Quotes | Compare quotes offered by participating partners | |
Washington | 90 days | Ignition interlock driver’s license required | Compare Quotes | Compare quotes offered by participating partners | |
West Virginia | 6 months | After 30 days | Compare Quotes | Compare quotes offered by participating partners | |
Wisconsin | 6 to 9 months | Yes | Compare Quotes | Compare quotes offered by participating partners | |
Wyoming | 90 days | Yes | Compare Quotes | Compare quotes offered by participating partners |
Insurance rates with a DUI on your record
Traffic violations can cause your car insurance premiums to increase — and a DUI or DWI is no exception.
The cost of car insurance after a DUI increases by around 70% on average, according to our analysis of rates.
By comparison, a speeding ticket will raise your insurance by 22% on average, and if you cause an accident resulting in property damage, your rates go up 39% on average. An at-fault accident resulting in bodily injuries can increase rates by an average of 42%.
The difference goes to show how seriously insurers view a DUI or DWI infraction and how they use substantial rate increases to compensate for that risk.
Average car insurance rate increase after a DUI by state
State | Average insurance rate increase after a DUI | LEARN MORE | ||
---|---|---|---|---|
Alabama | 83% | Compare Quotes | Compare quotes offered by participating partners | |
Alaska | 40% | Compare Quotes | Compare quotes offered by participating partners | |
Arizona | 69% | Compare Quotes | Compare quotes offered by participating partners | |
Arkansas | 55% | Compare Quotes | Compare quotes offered by participating partners | |
California | 130% | Compare Quotes | Compare quotes offered by participating partners | |
Colorado | 73% | Compare Quotes | Compare quotes offered by participating partners | |
Connecticut | 85% | Compare Quotes | Compare quotes offered by participating partners | |
Delaware | 71% | Compare Quotes | Compare quotes offered by participating partners | |
Florida | 37% | Compare Quotes | Compare quotes offered by participating partners | |
Georgia | 90% | Compare Quotes | Compare quotes offered by participating partners | |
Hawaii | 223% | Compare Quotes | Compare quotes offered by participating partners | |
Idaho | 73% | Compare Quotes | Compare quotes offered by participating partners | |
Illinois | 88% | Compare Quotes | Compare quotes offered by participating partners | |
Indiana | 103% | Compare Quotes | Compare quotes offered by participating partners | |
Iowa | 105% | Compare Quotes | Compare quotes offered by participating partners | |
Kansas | 73% | Compare Quotes | Compare quotes offered by participating partners | |
Kentucky | 82% | Compare Quotes | Compare quotes offered by participating partners | |
Louisiana | 47% | Compare Quotes | Compare quotes offered by participating partners | |
Maine | 104% | Compare Quotes | Compare quotes offered by participating partners | |
Maryland | 75% | Compare Quotes | Compare quotes offered by participating partners | |
Massachusetts | 95% | Compare Quotes | Compare quotes offered by participating partners | |
Michigan | 237% | Compare Quotes | Compare quotes offered by participating partners | |
Minnesota | 74% | Compare Quotes | Compare quotes offered by participating partners | |
Mississippi | 66% | Compare Quotes | Compare quotes offered by participating partners | |
Missouri | 40% | Compare Quotes | Compare quotes offered by participating partners | |
Montana | 61% | Compare Quotes | Compare quotes offered by participating partners | |
Nebraska | 95% | Compare Quotes | Compare quotes offered by participating partners | |
Nevada | 54% | Compare Quotes | Compare quotes offered by participating partners | |
New Hampshire | 129% | Compare Quotes | Compare quotes offered by participating partners | |
New Jersey | 83% | Compare Quotes | Compare quotes offered by participating partners | |
New Mexico | 59% | Compare Quotes | Compare quotes offered by participating partners | |
New York | 79% | Compare Quotes | Compare quotes offered by participating partners | |
North Carolina | 267% | Compare Quotes | Compare quotes offered by participating partners | |
North Dakota | 80% | Compare Quotes | Compare quotes offered by participating partners | |
Ohio | 114% | Compare Quotes | Compare quotes offered by participating partners | |
Oklahoma | 62% | Compare Quotes | Compare quotes offered by participating partners | |
Oregon | 72% | Compare Quotes | Compare quotes offered by participating partners | |
Pennsylvania | 92% | Compare Quotes | Compare quotes offered by participating partners | |
Rhode Island | 67% | Compare Quotes | Compare quotes offered by participating partners | |
South Carolina | 61% | Compare Quotes | Compare quotes offered by participating partners | |
South Dakota | 91% | Compare Quotes | Compare quotes offered by participating partners | |
Tennessee | 99% | Compare Quotes | Compare quotes offered by participating partners | |
Texas | 57% | Compare Quotes | Compare quotes offered by participating partners | |
Utah | 84% | Compare Quotes | Compare quotes offered by participating partners | |
Vermont | 145% | Compare Quotes | Compare quotes offered by participating partners | |
Virginia | 92% | Compare Quotes | Compare quotes offered by participating partners | |
Washington | 67% | Compare Quotes | Compare quotes offered by participating partners | |
West Virginia | 80% | Compare Quotes | Compare quotes offered by participating partners | |
Wisconsin | 97% | Compare Quotes | Compare quotes offered by participating partners | |
Wyoming | 85% | Compare Quotes | Compare quotes offered by participating partners |
How long does a DUI stay on a driver’s record?
How long a DUI stays on your driving record will depend on your state. For instance, in New York, a DWI can stay on your record for 15 years, while in Pennsylvania, a DUI stays on your driving record indefinitely.
Even if you live in a state where a DUI or DWI stays on your record for five or more years, insurance companies typically only check the past three to five years of your driving history, though some insurers may check further back for serious convictions like a DUI.
DUI vs. DWI FAQs
Yes, you can typically still get car insurance even after you’ve been charged with a DUI or DWI, but you’ll likely pay significantly more for coverage.
In some cases, your existing insurer may choose to cancel your coverage after a DUI. And if you’re shopping for a new policy, some car insurance companies may deny coverage if you have a DUI on your record.
Shopping around and comparing multiple car insurance quotes can help you find the cheapest car insurance after a DUI.
An SR-22 is a certificate of financial responsibility that is sometimes required, either by your state or a court order, if you get a DWI or DUI.
An SR-22 proves that your auto insurance policy meets the minimum liability coverage required by state law. Your insurance company files the form on your behalf, but you’ll need to ask them to do so and pay a fee. If your insurer doesn’t offer an SR-22 form but you’re required to have one, you’ll need to switch car insurance companies.
Most states require an SR-22 to remain active for three years, but requirements can vary by state or court order. Canceling a car insurance policy prior to the required SR-22 timeframe will result in the insurer notifying traffic authorities. In this instance, a driver’s license could be suspended or revoked.
Each state categorizes DUI and DWI differently, and the severity of punishment for each violation can vary.
States that view the violations as separate offenses usually view a DWI offense as the more serious of the two. A state’s BAC legal limit is often the barometer. The important thing to remember is that both are serious offenses and should be avoided at all costs.
Yes, depending on your BAC at the time of the incident, the state and the number of offenses you have on your record, you could potentially see jail time for a DUI or a DWI.
Operating while visibly impaired (OWVI) is an infraction for driving a vehicle with signs of impairment, regardless of your BAC level. OWVIs are just one type of infraction you can be charged with if you’re driving under the influence in Michigan.
Driving with an unlawful alcohol concentration (DUAC) is specific to South Carolina. You can be arrested for a DUAC if you were driving with a BAC that is over the legal limit, even if you haven’t exhibited signs of impairment.
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