DUI vs. DWI: What’s the difference?

While a DUI and DWI are both associated with drinking (or using drugs) and driving, they aren’t always the same thing. Only some states distinguish between the two offenses, but where they’re different, they can determine how severe your fine is, license suspension, and jail time are after you’re pulled over.

That said, both are serious driving violations, and having either a DUI or a DWI on your record (or multiple violations) will make it a lot harder for you to find cheap car insurance.

What is a DUI?

DUI stands for driving under the influence. When someone is cited for a DUI it means that they were behind the wheel of a vehicle after consuming alcohol or drugs.

You don’t have to be driving to get a DUI (and you don’t even have to be in a car). If your BAC is over the legal limit or you’re obviously under the influence and fail a field sobriety test, you can get a DUI behind the wheel of a car, boat, golf cart, lawn mower, or any other vehicle that’s not on your property.

What is a DWI?

DWI stands for driving while intoxicated. Like a DUI, you can get a DWI if you’re pulled over (or found behind the wheel of a vehicle) and your BAC is greater than the legal limit, though states have different rules about how much higher than the legal limit your BAC has to be to result in a DWI.

Punishments for a DWI are usually severe. Depending on how intoxicated you were when you were pulled over and the number of prior alcohol and drug-related moving violations you have, a DWI can be a felony in some states.

What is the difference between a DUI and DWI?

Even though they’re often used interchangeably, and many states don’t make a distinction between them, DUIs and DWIs can have different meanings. Some of the states that have separate definitions for a DUI and DWI include:

• Arkansas

• District of Columbia

• Maryland

• Oklahoma

Even if your state doesn’t distinguish between a DUI and DWI, you can still face harsher penalties if you’re a repeat offender or were more intoxicated when you were pulled over.

If you receive either a DUI or DWI, you can face fines, jail time, community service, and have your license suspended. You may also be required to pay other fees, attend alcohol or drug treatment, and have to use a breathalyzer installed in your car before you’re allowed to turn the ignition.

OUI vs. OWI vs. OWVI

A DUI and DWI aren’t the only two names for moving violations that involve drug or alcohol use. Your state may also use the terms OUI, OWI, OWVI, or DUAC. They 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 still refer to driving under the influence. Check with your DMV or equivalent agency if you’re not sure what a DUI is called in your state.

Penalties for DWI and DUI in every state

The penalties for driving after drinking or using drugs are different in every state, but if you’re caught driving under the influence you could be fined, imprisoned, and or your license suspended or revoked. 

States usually give out these penalties on a scale: more serious offenses or repeat offenses result in higher fines and more jail time.

Here’s the average car insurance rate increase after a DUI/DWI and the maximum penalty after your first DUI or DWI in every state (for states where a DUI and a DWI are separate offenses, we included whichever was more serious).

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

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Cost of full-coverage car insurance after a DUI.

How much does insurance cost after a DWI or DUI?

Your car insurance rates will also go up after a DUI or DWI — we found that the cost of car insurance increases by an average of $1,448 per year after a DUI. That comes to $263 per month, or $3,153 per year.

Getting a DUI or DWI can also lead to your car insurance company canceling or non-renewing your policy, which means you’d have to shop around for a new policy as a high-risk driver.

You may also have to get an SR-22 through your insurance company before your license is reinstated after a DUI or DWI. 

Sometimes called SR-22 insurance, an SR-22 is a form that your insurance company files on your behalf as proof to your state that you have auto insurance. You’ll also have to pay a small filing fee (which varies by state) for an SR-22.

How long does a DWI or DUI stay on your driving record?

While a driver with a DWI or DUI will pay more for car insurance than someone with a clean driving record, the good news is that a DUI or DWI won’t affect your rates forever. 

Most insurance companies only look at the past three to five years of your driving history when calculating your premiums, so after enough time has passed, a DUI will “fall off” your record, at least when it comes to your auto insurance rates.

That doesn’t mean that a DUI or DWI will disappear from your record. Even though a past DUI or DWI won’t affect your rates forever, some driving violations may stay on your record for years, or even decades, and some are permanent. Many states use a points system for tracking violations, and if you get too many points, your license could be suspended.

Frequently Asked Questions

What is worse, a DUI or DWI?

In the states where a DWI and DUI are differentiated, a DWI typically refers to someone driving with a blood alcohol content above the legal limit, while a DUI refers to someone who is impaired by any drug. A DWI may lead to greater consequences, depending on where you live.

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.