What's the difference between a DUI & a DWI?

DUIs and DWIs both have to do with driving under the influence of alcohol or drugs, but depending on where you live, they can be different offenses with different penalties.

Headshot of Andrew Hurst

By

Andrew HurstSenior Editor & Licensed Auto Insurance ExpertAndrew Hurst is a senior editor and a licensed auto insurance expert at Policygenius. His work has also been featured in The New York Times, The Wall Street Journal, Forbes, USA Today, NPR, Mic, Insurance Business Magazine, ValuePenguin, and Property Casualty 360.

Edited by

Anna SwartzAnna SwartzSenior Managing EditorAnna Swartz is a senior managing editor who specializes in home, auto, renters, and disability insurance at Policygenius. Previously, she was a senior staff writer at Mic and a writer at The Dodo. Her work has also appeared in Salon, HuffPost, MSN, AOL, and Heeb.
|

Reviewed by

Maria FilindrasMaria FilindrasFinancial AdvisorMaria Filindras is a financial advisor, a licensed Life & Health insurance agent in California, and a member of the Financial Review Council at Policygenius.

Updated|4 min read

Expert reviewedExpert reviewedThis article has been reviewed by a member of ourFinancial Review Council to ensure all sources, statistics, and claims meet the highest standard for accurate and unbiased advice.Learn more about oureditorial review process.

Policygenius content follows strict guidelines for editorial accuracy and integrity. Learn about our editorial standards and how we make money.

DUI stands for driving under the influence, while DWI stands for driving while intoxicated. Even though DUI and DWI stand for different things, they might actually have the same meaning where you live.

Compare rates and shop affordable car insurance today

We don't sell your information to third parties.

Some states use DUI or DWI to mean the same kind of driving violation, while in others, they are separate offenses with separate legal repercussions. But no matter where you are, DUIs and DWIs are serious driving violations, and having either on your record makes it a lot harder to find affordable car insurance quotes.

Key takeaways

  • DUI stands for “driving under the influence,” and DWI stands for “driving while intoxicated.”

  • In lots of places, DUI and DWI are used interchangeably and have no separate legal definition.

  • In some states, DUIs and DWIs are two separate offenses with two different penalties.

  • A DUI or DWI conviction raises your car insurance by an average of $1,448 per year.

What is the meaning of a DUI vs. DWI?

Most of the time, there’s no legal difference between a DUI and a DWI. They stand for two different things, but both refer to the offense of driving with alcohol or drugs in your system. 

Most states use the term DUI or DWI, but not both. But in some states, DUI and DWI have two legal meanings, and the difference between them comes down to the amount of alcohol in your system or your age.

In places where DUIs and DWIs are different, one tends to be more serious. For example, when you’re so intoxicated that a potential DUI turns into a DWI (or vice versa), your punishment gets harsher.

The states that have separate definitions for a DUI and DWI are:

  • Arkansas

  • District of Columbia

  • Maryland

  • Oklahoma

DUI vs. DWI vs. OUI vs. OWI vs. OWVI

DUI and DWI aren’t the only two names for moving violations involving drugs or alcohol. Your state may also use the terms OUI, OWI, OWVI, or DUAC. These stand for:

  • OUI: Operating while under the influence

  • OWI: Operating while intoxicated

  • OWVI: Operating while visibly intoxicated

  • DUAC: Driving with an unlawful alcohol concentration

These terms are used in place of DUI and DWI in some states, but they all still refer to driving under the influence of drugs or alcohol. Check with your DMV or equivalent agency if you’re not sure what a DUI is called in your state.

Is a DUI or DWI worse?

If your state doesn’t distinguish between a DUI and DWI, the penalties wouldn’t be different. In the places where a DUI and DWI are separate offenses, the one that’s more severe varies from state to state.

For example, in Arkansas, a DWI is any BAC that’s over the legal limit, while a DUI refers to a driver under 21 years old with a BAC that’s less than 0.08 but more than 0.02. A DWI in Arkansas carries a jail sentence, $150 to $1,000 fine, and driving restrictions.

But in Maryland you’ll get a DWI if you’re caught driving with a BAC between 0.07 and 0.08, while DUIs are for drivers caught with a BAC over 0.08. In this case, a DUI is worse and the fines are higher.

If you’re arrested and you think you might be convicted of a DUI or DWI, consult with a lawyer so you know what kind of penalties to expect.

Compare rates and shop affordable car insurance today

We don't sell your information to third parties.

What are the penalties for a DWI vs. DUI?

The penalties for a DUI or DWI can include fines, jail time, and community service. You may also lose your license, or need to attend alcohol or drug treatment and have to use a breathalyzer installed in your car before you’re allowed to turn the ignition.

Exact penalties vary depending on your location, but states usually give out harsher penalties if you have had any past violations (or if you have a high number of points on your license). You’ll get higher fines, more jail times, and harsher driving restrictions if you’re a repeat offender.

Penalties for DWI vs. DUI in every state

State

Average rate increase after a DUI or DWI

Maximum penalty after first DUI or DWI

Alabama

$1,144

Fine up to $2,100, one year in jail, 90-day license suspension

Alaska

$453

Fine up to $1,500, 72 hours in jail, 90-day license suspension

Arizona

$1,068

Fine up to $250, 10 days in jail, 90-day license suspension

Arkansas

$1,290

Fine up to $1,000, one year in jail, six-month license suspension

California

$3,331

Fine up to $1,000, six months in jail, six-month license suspension

Colorado

$1,161

Fine up to $1,000, one year in jail, community service, nine-month license suspension

Connecticut

$1,865

Fine up to $1,000, six months in jail, community service, 45-day license suspension

Delaware

$1,364

Fine up to $1,500, six months in jail, two-year license suspension

District of Columbia

$1,197

Fine up to $1,000, 20 days in jail, six-month license suspension

Florida

$1,242

Fine up to $1,000, six months in jail, 10-day vehicle impoundment, license suspension of up to six months

Georgia

$1,710

Fine up to $1,000, one year in jail, community service12-month license suspension

Hawaii

$3,035

Fine up to $1,000, five days in jail, community service, one-year license suspension

Idaho

$729

Fine up to $1,000, six months in jail, 180-day license suspension

Illinois

$1,175

Fine up to $2,500, one year in jail, community service, one-year license suspension

Indiana

$753

Fine up to $5,300, one year in jail, two-year license suspension

Iowa

$746

Fine up to $1,250, one year in jail, six-month license suspension

Kansas

$1,139

Fine up to $1,000, six months in jail, community service

Kentucky

$2,062

Fine up to $500, six-month license suspension, 90-day treatment program

Louisiana

$1,768

Fine of up to $1,000, six months in jail, 12-month driving license suspension, community service

Maine

$1,279

Fine of up to $600, 96 hours in jail, 275-day license suspension

Maryland

$1,890

Fine of up to $1,000, one year in jail, license suspension of up to six months

Massachusetts

$1,498

Fine up to $5,000, 2.5 years in jail, 90-day license suspension

Michigan

$3,964

Fine up to $500, 93 days in jail, community service, 180-day license suspension

Minnesota

$1,366

Fine up to $3,000, one year in prison, two-year license suspension

Mississippi

$1,251

Fine up to $1,000, 48 hours in jail, 90-day license suspension

Missouri

$879

Fine up to $1,000, six months in jail, 30-day license suspension

Montana

$1,300

Fine up to $1,000, six months in jail, six-month license suspension, treatment course

Nebraska

$1,625

Fine up to $500, six months in jail, 30-day license suspension

Nevada

$1,394

Fine up to $1,000, two days in jail and community service, 185-day license suspension

New Hampshire

$1,509

Fine up to $1,200, two-year license suspension

New Jersey

$1,975

Fine up to $400, 30 days in jail, three-month license suspension, treatment, $1,000 surcharge per vehicle

New Mexico

$881

Fine up to $500, 90 days in jail, community service

New York

$1,548

Fine up to $2,500, one year in jail, one-year license suspension

North Carolina

$3,539

Fine up to $1,000, six months in jail, 90-day license suspension

North Dakota

$1,338

Fine up to $750, two days in jail, 180-day license suspension

Ohio

$864

Fine up to $1,075, six months in jail, 3-year license suspension

Oklahoma

$876

Fine up to $1,000, one year in jail, 180-day license suspension

Oregon

$820

Fine up to $6,250, one year in jail, one-year license suspension

Pennsylvania

$1,253

Fine up to $5,000, six months in jail, six-month license suspension, alcohol treatment program

Rhode Island

$1,929

Fine up to $1,200, one year in jail, community service, one-year license suspension, treatment

South Carolina

$886

Fine up to $400, 30 days in jail, six-month license suspension

South Dakota

$1,491

Fine up to $1,000, 90 days in jail, one-year license suspension

Tennessee

$1,123

Fine up to $1,500, seven days in jail, community service, one-year license suspension

Texas

$1,352

Fine up to $2,000 fine, 180 days in jail, one-year license suspension

Utah

$971

Fines of at least $1,310, 180 days in jail, 120-day license suspension

Vermont

$1,614

Fine up to $750, two days in jail

Virginia

$1,414

Fine up to $2,500, one year in jail, one-year license suspension

Washington

$799

Fine up to $5,000, one year in jail, two-year license suspension

West Virginia

$1,813

Fine up to $1,000, six months in jail, six-month license suspension

Wisconsin

$959

Fine up to $300, six-month license suspension

Wyoming

$1,241

Fine up to $750, six months in jail, 90-day license suspension

Collapse table

Cost of full-coverage car insurance after a DUI.

How does a DUI or DWI affect your car insurance?

A DUI or DWI will cause your car insurance rates to go up. On average, the cost of car insurance after a DUI or a DWI increases from $1,638 to $3,153 per year. Depending on your location and car insurance company, your rates could get even more expensive.

It’s also possible your insurance company will decide to cancel or not renew your policy after a DUI or DWI (this is sometimes called car insurance non-renewal). After this happens, it will be harder to find affordable car insurance and you’ll have to shop around for a new policy as a high-risk driver.

Do you have to get an SR-22 after a DUI or DWI

Yes, after a DUI or DWI, you may have to get an SR-22 through your insurance company. Sometimes called SR-22 insurance, an SR-22 is a form that your auto insurance company files for you to prove to your state that you have auto insurance.

How long does a DWI or DUI stay on your insurance?

A DUI or DWI won’t affect your insurance rates forever. Most insurance companies only look at the past three to five years of your driving history when calculating your premiums.

Even when a DUI or DWI no longer affects your rates, a past conviction won’t necessarily disappear from or fall off of your driving record. In some places, a DUI or DWI may stay on your record for years, decades, or even permanently, even after your rates have returned to average.

Compare rates and shop affordable car insurance today

We don't sell your information to third parties.

Frequently Asked Questions

What is worse, a DUI or DWI?

It depends on where you live. In places that don’t have separate DUI and DWI laws, neither is better or worse than the other. In states that have separate laws (and punishments) for DUIs and DWIs, there’s no rule for which is worse.

Can you be arrested for a DUI or DWI?

Yes, you can be arrested for a DUI, DWI, or another form of impaired driving. You won’t be allowed to continue driving right after you’re pulled over and you fail a breathalyzer or field sobriety test.

Is a DWI considered a criminal offense?

In most U.S. states, a DWI is considered a criminal offense. Unlike a traffic violation, which eventually falls off your state driving record, a DWI may stay on your record permanently and show up as a misdemeanor or felony depending on how many offenses you have and the state you live in.

Author

Andrew Hurst is a senior editor and a licensed auto insurance expert at Policygenius. His work has also been featured in The New York Times, The Wall Street Journal, Forbes, USA Today, NPR, Mic, Insurance Business Magazine, ValuePenguin, and Property Casualty 360.

Editor

Anna Swartz is a senior managing editor who specializes in home, auto, renters, and disability insurance at Policygenius. Previously, she was a senior staff writer at Mic and a writer at The Dodo. Her work has also appeared in Salon, HuffPost, MSN, AOL, and Heeb.

Expert reviewer

Maria Filindras is a financial advisor, a licensed Life & Health insurance agent in California, and a member of the Financial Review Council at Policygenius.

Questions about this page? Email us at .