Key Takeaways
Are you looking for the difference between DUI and DWI? We'll break it down with all the details.
Hey, we're not here to pass judgment. Perhaps you had a rough day and were charged with DUI or reckless driving. On the other hand, perhaps you had a fantastic day and got a speeding ticket unintentionally.
The difference between DUI and DWI is not always crystal clear. There is always a thin line between DUI and DWI. What is a DWI? What is DUI? What happens when you get arrested for these violations? These questions are answered in detail below.
DWI vs. DUI: There is no distinction between the two violations under federal law, as none is defined nationally. In reality, several states define and sanction DUI and DWI convictions differently, although they frequently refer to similar but distinct driving behaviors.
DUIs and DWIs can have financial and legal ramifications in the private and governmental sectors.
Car insurance companies take a strict view when it comes to DUI/DWI violations. A DUI conviction could increase your rates by 71%, or $1119, in 2021. In addition, as insurers reevaluate your risk, a DUI or DWI offense can cost you $3312 over three years.
Whether a driver is charged with DUI or DWI, the damage to their driving record is similar.
The breakdown below establishes the framework of the difference between DUI and DWI.
A DUI is committed when a driver has alcohol in their bloodstream. While the federal legal limit for blood alcohol concentration (BAC) is 0.08%, depending on the driver's age, some states may prosecute DUI charges as low as 0.01% at BAC levels.
In some areas, a DUI can be given without the police using a breathalyzer to determine the driver's BAC. Sometimes, a DUI charge may be predicated on erratic driving, suspicion of alcohol impairment, or a field sobriety test.
In states that define DWI as Driving While Intoxicated/Impaired, there is no distinction between a DUI and DWI charge. However, in states that recognize them as separate offenses, DWI typically refers to driving under the influence of drugs, whether prescribed or recreational. These allegations indicate that the motorist engaged in risky conduct while behind the wheel.
A driver can be charged with DUI or DWI if they fail a field sobriety test, even if their BAC is below the legal limit in their state. States with zero-tolerance policies may not distinguish between DUI and DWI infractions, so the offense's location significantly impacts the legal outcome.
In a state that distinguishes between DUI and DWI as separate offenses, a DWI is typically the more serious charge. At the same time, a DUI is regarded as a lesser degree of impairment. In addition, some states give the possibility to lower a DWI penalty to a DUI if it is the driver's first offense involving drugs or alcohol and their BAC was below 0.08%.
These infractions are grave and difficult to overturn if the police had probable cause to stop the driver or if a breathalyzer or field sobriety test reveals intoxication.
What does OWI stand for? In some states, drivers may face an OUI or an OWI charge. An OUI refers to driving under the influence of alcohol, whereas an OWI refers to driving while intoxicated.
Currently, there are five states that charge drivers with similar charges using this terminology:
States | Terms Used |
---|---|
Indiana | OWI |
Iowa | OWI |
Maine | OUI |
Massachusetts | OUI |
Michigan | OWI |
Certain states may charge OWVI or DUAC drivers. OWVI refers to driving while visually impaired, whereas DUAC refers to driving with an illegal blood alcohol concentration.
In Michigan, you can be charged with OWVI if you attempt to operate a motor vehicle while visibly impaired by alcohol or a controlled substance.
In South Carolina, DUAC is utilized instead of DWI. South Carolina motorists with a BAC above 0.08 percent may face DUAC charges.
The consequences of a DUI or DWI conviction differ from state to state. Depending on the state in which you reside, the legal limit for intoxication can vary considerably.
For instance, while most states provide a DUI charge if the driver's blood alcohol concentration (BAC) is above 0.08%, Utah issues a DUI charge if the driver's BAC is above 0.05%. In addition, the penalty can escalate in several states if your BAC is 0.15% or higher.
A DUI or DWI charge often results in license suspension and alcohol education and treatment requirements. The duration of a license suspension depends on the state where you reside and whether it is your first, second, or third offense.
Your car may be impounded, or an ignition interlock device may be fitted, depending on where you live.
STATE | TYPE | FIRST OFFENSE | SECOND OFFENSE |
---|---|---|---|
Alabama | DUI | $2100 in fines, a year in jail, 90-day license suspension | $5100 in fines, a year in jail, 45-day license suspension, and two-year car ignition interlock |
Alaska | DUI | $1500 in fine, 3 days in jail, and 90-day license suspension | 20-day imprisonment,$3000 fine, and license suspension forof one year |
Arizona | DUI | $1250 fine and 10 days in jail | $3000 base fine,90 days in jail,one-year license suspension and required vehicle ignition interlock |
Arkansas | DUI, DWI | $1000 in fines, one year in jail or community service, six-month license suspension and alcohol treatment | $3000 in fines,a year in jail, two-year license suspension, and alcohol treatment and vehicle ignition interlock |
California | DUI | $1000 in fines, 6 months in jail, 6 months license suspension, and DUI school | $1000 in fines,a year in jail, one-year license suspension, and DUI school or SB 38 |
Colorado | DUI | $1000 in fines,one year in jail, nine-month license suspension, community service, and DMV points | $1500 in fines,one year in jail, one-year license suspension, community service, and DMV points |
Connecticut | DUI | $1000 in fines,six months in prison, 100 hours of community service, 45 days license suspension and one-year vehicle ignition interlock | $4,000 in fines;two years in prison, 100 days of community service,45 days license suspension, and three-year vehicle ignition interlock |
Delaware | DUI | $1500fine,one year in jail, andtwo years license suspension | $2500fine,18 months in jail, and30 months license suspension |
District of Columbia | DUI, DWI | $1000 in fines,180 days in jail, andsix months license suspension | $5,000 in fines,180 days in jail, andone-year license suspension |
Florida | DUI | $1000 in fines,six months in jail, andsix months license suspension | $2000 in fines,nine months in jail, andone-year license suspension |
Georgia | DUI | $300 in fines,10 days in jail, possible license suspension, community service | $1000 in fines,one year in jail, one year license suspension, 30 days of community service and vehicle ignition interlock |
Hawaii | DUI, DWI | $1000 in fines,five days in jail, one-year license suspension, community service, rehab | $3000 in fines,30 days in jail, three years license suspension, community service, rehab |
Idaho | DUI | $1000 in fines,one year in jail, three-month license suspension | $2000 in fines,five years in jail, one-year license suspension |
Illinois | DUI | Maximum $2500 in fines, maximum one year in jail, one-year license suspension, community service | Maximum $2500 in fines, maximum one year in jail, five years license suspension, community service |
Indiana | DUI | $5,000 in fines,one year in jail, andsix months license suspension | $10000 in fines,three years in jail, andtwo years license suspension |
Iowa | DUI, DWI, OWI | $1250 in fines,one year in jail, andsix months license revocation | $6,250 in fines,two years in jail,one-year license revocation, andone-year vehicle ignition interlock |
Kansas | DUI | $1000 in fines,two days in jail or 100 hours community service, 30-day license suspension, and alcohol treatment | $1500 in fines,one year in jail, one year license suspension, one-year vehicle ignition interlock, and alcohol treatment |
Kentucky | DUI, DWI | $500 in fines,30 days in jail, 120-day license suspension, community service, rehab | $500 in fines,six months in jail, 18-month license suspension, community service, rehab |
Louisiana | DUI, DWI | $1000 in fines,six months in jail, community service, rehab | $1000 in fines,six months in jail, community service, rehab |
Maine | DUI, DWI | $500 in fines and150 days license suspension | $900 in fines, 12 days in jail, andthree years license suspension |
Maryland | DUI, DWI | $1000 in fines,one year in jail, andsix months license suspension | $2000 in fines,two years in jail, andone year license suspension |
Massachusetts | DUI | $5,000 in fines,2.5 years in jail, and90 day license suspension | $10000 in fines,2.5 years in jail, andtwo years license suspension |
Michigan | OWI, OWVI | $500 in fines,93 days in jail, community service | $1000 in fines,one year in jail, community service |
Minnesota | DUI | $3000 in fines,one year in jail | $3000 in fines,one year in jail |
Mississippi | DUI, DWI | $1000 in fines,two days in jail,one-year license suspension, and driver education | $1500 in fines,six months in jail, andtwo years license suspension, community service, rehab |
Missouri | DUI, DWI | $1000 in fines,six months in jail,30-day license suspension | $2000 in fines,one year in jail,five years license suspension |
Montana | DUI | $1000 in fines,six months in jail,six month license suspension, rehab, driver education | $1000 in fines,one year in jail,one-year license suspension, rehab, driver education |
Nebraska | DUI, DWI | $500 in fines,60 days in jail,six months license suspension | $500 in fines,180 days in jail,18 months license suspension |
Nevada | DUI, DWI | $400 in fines,180 days in jail,185-day license suspension | $750 in fines,180 days in jail, one-year license suspension |
New Hampshire | DUI, DWI | $1200 in fines,two years license suspension | $2000 in fines,one year in jail,three years license suspension |
New Jersey | DUI, DWI | $500 in fines,30 days in jail,three months license suspension, driver education, community service, and vehicle ignition interlock | $1000 in fines,90 days in jail,two years license suspension, driver education, community service, and vehicle ignition interlock |
New Mexico | DUI, DWI | $500 in fines,90 days in jail, community service | $1000 in fines,one year in jail, community service |
New York | DUI | $2500 in fines,one year in jail,one-year license suspension | $5,000 in fines,four years in jail,18-month license suspension |
North Carolina | DUI, DWI | Level-based | Level-based |
North Dakota | DUI, DWI | $750 in fines,two days in jail,three months license suspension, community service, rehab | $1500 in fines,10 days in jail,one-year license suspension, community service, rehab |
Ohio | DUI, DWI | $1075 in fines,six months in jail,three years license suspension | $1625 in fines,six months in jail,seven years license suspension |
Oklahoma | DUI, DWI | $1000 in fines,one year in jail,180 days license suspension | $2500 in fines,five years in jail,one-year license suspension |
Oregon | DUI, DWI | $6,250 in fines,one year in jail,one-year license suspension | $10000 in fines,one year in jail,three years license suspension |
Pennsylvania | DUI | $5,000 in fines,six months in jail,one-year license suspension | $10000 in fines,five years in jail,18 months license suspension |
Rhode Island | DUI | Over $1200 in fines,one year in jail,one-year license suspension, community service, rehab | Over $1750 in fines,one year in jail,two years license suspension, community service, rehab |
South Carolina | DUI, DUAC | $1000 in fines,90 days in jail, six-month license suspension, vehicle ignition interlock for six months | $6,500 in fines,three years in jail,one-year license suspension, vehicle ignition interlock for two years |
South Dakota | DUI, DWI | $2000 in fines,one year in jail,one-year license suspension | $2000 in fines,one year in jail,one-year license suspension |
Tennessee | DUI | $1500 in fines,seven days in jail,one-year license suspension | $3500 in fines,nearly one year in jail,two years license suspension |
Texas | DUI, DWI | $2000 in fines,six months in jail,one-year license suspension | $4,000 in fines,one year in jail,two years license suspension |
Utah | DUI, DWI | $1310 in fines,180 days in jail,120 day license suspension | $1560 in fines,10 days in jail,two year license suspension |
Vermont | DUI, DWI | $750 in fines,two years in jail | $1500 in fines,two years in jail |
Virginia | DUI, DWI | $2500 in fines,one year in jail, one-year license suspension | $2500 in finesone year in jail, three years license suspension |
Washington | DUI | $5,000 in fines,one year in jail,two years license suspension, rehab | $5,000 in fines,one year in jail,three years license suspension, rehab |
West Virginia | DUI | $1000 in fines,six months in jail,six months license suspension | $3000 in fines,one year in jail, 10-year license suspension, andsix months vehicle ignition interlock |
Wisconsin | OWI | $300 in fines, nine months license revocation | $1100 in fines,six months in jail, and18 months license revocation |
Wyoming | DUI, DWI | $750 in fines, six months in jail, 90-day license suspension, and six months vehicle ignition interlock | $750 in fines, six months in jail, one-year license suspension and vehicle ignition interlock |
In 2016, the NHTSA reported one drunk driving-related fatality every 50 minutes.
The statistics are difficult to ignore:
Even more sobering is that, according to FBI data, even while DUI and DWI arrest rates declined nearly 30% from 2010 to 2019, they still outnumber violent crime arrests for the same time.
Getting a DUI may result in one of the following:
After a DUI or DWI conviction, the driver may be obliged to put an ignition interlock device on the steering wheel. This breathalyzer assures that the driver has a BAC of 0.0% to start the car.
According to Way.com's collection of insurance rate information, Liberty Mutual offers the most economical auto insurance after a DUI.
Given the uniqueness of each driver's profile, you must obtain individualized quotes to determine which provider offers the best value. The offender may be required to file an SR-22 to the local DMV to apply for a new auto insurance policy following a DUI conviction. Typically, an insurer files an SR-22 on behalf of a driver as proof of insurance coverage (usually for a fee).
If the insurance provider fails to submit an SR-22, it may be the driver's responsibility to provide one. Reasonably, the legal and financial repercussions of being accused of DUI or DWI are serious.
In addition to the legal issues associated with a DUI, your driving record will be marred. In most places, a DUI remains on your driving record for five to ten years. Depending on where you reside, you may have a DUI on your driving record for the rest of your life.
The presence of a DUI on one's driving record can lead to several complications in the future. This includes escalating insurance premiums, SR-22 filing requirements, and employment challenges.
Consider the following legal terminology to demonstrate the complexity of state legislation regulating drunk and drugged driving:
Underage drivers accused of driving with a blood alcohol concentration (BAC) between 0.02 and 0.07% can be prosecuted under the state's zero-tolerance rule.
In certain states, driving under the influence of alcohol or drugs is punishable by imprisonment, fines, and revocation of driving privileges.
Your auto insurance will be revoked if you lose your driver's license.
State-specific DUI and DWI laws and penalties differ.
Significant variations exist between a DUI and a DWI, and the punishments for each vary depending on the offense's state. Additionally, these terms might have quite different meanings depending on the location.
The auto insurance rates published in this guide are based on the results of research completed by Way.com’s data team. Using a mix of public and internal data, we analyzed millions of rate averages across U.S. ZIP codes.
Quotes are typically based on a full coverage policy average unless otherwise noted within the content.
These rates were publicly sourced from insurer filings and should be used for comparative purposes only — your own quotes will differ. Given this, it’s important to go through our insurance steps form to find how much you can save with way.com
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In most states, a first-offense DUI or DWI is a misdemeanor and punishable by up to six or twelve months in jail. In a few states, however, the maximum jail sentence for a first DUI offense is significantly lesser.
DUI or DWI convictions often remain on a driver's record for five to ten years and on an insurance record for three to five years. So, in addition to the legal issues associated with a DUI, your driving record is marred. In most places, a DUI remains on your driving record for five to ten years.
The legal limit for driving in the United States is 0.08% blood alcohol concentration (BAC).
If you fail the test, you will be issued an Immediate Roadside Prohibition, which will begin immediately and extend for 90 days. In addition, you will receive a $500 fine, have your vehicle confiscated, and be required to complete a driving course that will cost approximately $1,000.
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