What is the difference between DUI and DWI?
A DUI means driving under the influence, and a DWI means driving while intoxicated or impaired. In most states, these terms are either used interchangeably or only one is used. They both essentially mean that a driver is unable to operate a vehicle safely due to the consumption of alcohol or drugs.
However, some states use DUI and DWI to represent different levels of impairment or for various age groups, such as drivers under 21 years old.
The table below shows the difference between a DWI and a DUI in some states that differentiate between the two.
State | DWI | DUI |
---|---|---|
Arizona | Civil offense for drivers with a BAC* between .05 and .079 | Criminal offense for drivers with a BAC of 0.08 or higher |
Arkansas | Drivers under 21 operating a vehicle with a BAC of 0.02 - 0.08 | Operating a vehicle with a BAC of 0.08 or higher |
Maryland | Drivers under 21 operating a vehicle with a BAC of 0.08 | Operating a vehicle with a BAC of 0.08 or higher |
New York | DWAI - driving while ability impaired with a BAC between 0.05 and 0.07 | Operating a vehicle with a BAC of 0.08 or higher |
Rhode Island | Civil offense for drivers under 21 | Operating a vehicle with a BAC of 0.08 or higher |
Texas | Drivers under 21 operating a vehicle with any intoxication | Operating a vehicle with a BAC of 0.08 or higher |
*Blood alcohol concentration
How does a DUI or DWI affect car insurance rates?
A DUI or DWI conviction is a clear indication to insurance companies of risky driving behavior. As a result, most car insurance providers significantly raise rates for drivers with such convictions. Depending on your insurer, your rates could double after a DUI conviction.
Many factors, such as age, driving record and vehicle type, are used to calculate car insurance rates. While a DUI or DWI will increase rates, the amount of increase may depend on the other factors your insurer uses to determine rates.
For example, if you otherwise have a clean driving record, aren’t a new driver, and drive a safe, inexpensive vehicle, your rates may not be as high as those for someone with a bad driving record, a young driver, or who owns a sports car.
Your state may require you to file an SR-22 after a DUI. The SR-22 is a form your insurance company files with the state showing you carry at least the minimum car insurance required by law. While the filing itself is typically inexpensive, your car insurance rates will increase due to the DUI.
If you’ve had multiple DUIs or have caused serious injuries or death, your insurer may decide to cancel your coverage. If this happens, you’ll need to shop for an insurance company willing to offer coverage, like a high-risk insurance company.
DUI or DWI: Which is worse?
It can be challenging to determine if a DUI or DWI is worse if both are used in your state. They may be used interchangeably or differentiated based on the driver’s age or level of impairment. Typically, a DUI is a lesser offense since a DWI may mean a higher level of impairment.
In some states, you may be able to plead a lesser charge if it’s your first offense or you show a lower level of impairment. However, both charges are serious and can be difficult to dispute.
DUI and DWI laws by state
Every state creates its DUI/DWI laws and penalties. It can get confusing because a DUI and a DWI can have very different penalties in different states.
The table below shows DUI/DWI laws and penalties in each state.
State | Increased penalty for high BAC | Administrative license suspension after first offense | Limited driving privileges during suspension | Ignition interlocks | Open container laws | Repeat offender laws |
---|---|---|---|---|---|---|
Alabama | 0.15 | 90 days | None | Mandatory for high BAC (0.15), repeat offenders, or if there's a child under the age of 14 in the car. | Yes | Yes |
Alaska | None | 90 days | After 30 days | Mandatory for all convictions | No | No |
Arizona | 0.15 | 90 days | After 30 days | Mandatory for all convictions | Yes | Yes |
Arkansas | None | 6 months | Yes | Mandatory for all convictions | Yes | Yes |
California | 0.15 | 4 months | After 30 days | Mandatory for all repeat and injury-involved offenses, first-time injury or vehicular manslaughter offenses | Yes | No |
Colorado | 0.15 | 3 months | Yes | Mandatory for high BAC (0.15), repeat offenders, highly incentivized for first conviction | Yes | No |
Connecticut | None | 90 days | Yes | Highly incentivized for all convictions | No | Yes |
Delaware | 0.15 | 3 months | No | Highly incentivized for all convictions | No | Yes |
District of Columbia | 0.20, 0.25 and 0.30 | 2 to 90 days or until deposition | Yes | Mandatory for all convictions | Yes | Yes |
Florida | 0.2 | 6 months for DUI, 12 months for refusal | DUI: After 30 days, Refusal: After 90 days | None | Yes | Yes |
Hawaii | None | 3 months | After 30 days | Mandatory for all convictions | No | No |
Idaho | 0.2 | 90 days | After 30 days | Mandatory for all convictions | Yes | Yes |
Illinois | 0.16 | 6 months | After 30 days | Mandatory for all convictions; Highly incentivized for first convictions | Yes | Yes |
Indiana | 0.15 | 180 days | Available immediately | Mandatory for repeat convictions | Yes | No |
Iowa | 0.15 | 180 days | After 30 days | Highly incentivized for all convictions | Yes | Yes |
Kansas | 0.15 | 30 days | None | Highly incentivized for all convictions | Yes | Yes |
Kentucky | 0.15 | 30 to 120 days | Yes | Mandatory for all convictions | Yes | Yes |
Louisiana | 0.2 | 12 months | Yes (with the exception of a 2nd conviction having a 0.2 BAC, then eligible only after 45 days of suspension has expired) | Mandatory for all convictions | No | No |
Maine | 0.15 | 150 days | Yes | Highly incentivized for all convictions | Yes | Yes |
Maryland | 0.15 | 180 days for both 0.8 and 0.15 for a first offense | Yes, with interlock | Mandatory for all convictions | Yes | Yes |
Massachusetts | 0.2 | 90 days | Yes | Mandatory for repeat convictions | Yes | Yes |
Michigan | 0.17 | 30 to 180 days | After 45 days | Mandatory for high BAC (0.17) and repeat convictions | Yes | Yes |
Minnesota | 0.16 | 90 days | After 15 days | Highly incentivized for high BAC (0.16) and repeat convictions | Yes | No |
Mississippi | None | 90 days | None | Mandatory for all convictions | No | Yes |
Missouri | 0.15 | 90 days | After 30 days (restricted) | Mandatory for repeat convictions | No | Yes |
Montana | 0.16 | 6 months | Yes | Mandatory for repeat convictions | Yes | No |
Nebraska | 0.15 | 90 days | After 30 days | Mandatory for all convictions | Yes | Yes |
Nevada | 0.18 | 90 days | After 45 days | Mandatory for all convictions | Yes | Yes |
New Hampshire | 0.16 | 6 months | None | Mandatory for all convictions | Yes | Yes |
New Jersey | 0.1 | 3 months | None | Mandatory for all convictions | Yes | Yes |
New Mexico | 0.16 (with mandatory jail on all offenses) | Under 21: 1 year21 and over: 6 months | Immediately, with an ignition interlock | Mandatory for all convictions | Yes | Yes |
New York | 0.18 | Yes | Yes | Mandatory for all convictions | Yes | Yes |
North Carolina | 0.15 | 30 days | After 10 days | Mandatory for high BAC (0.15 or higher) and repeat convictions | Yes | Yes |
North Dakota | 0.18 | 91 days | After 30 days | Discretionary | Yes | No |
Ohio | 0.17 | 90 days | After 15 days | Mandatory for repeat convictions | No | No |
Oklahoma | 0.15 | 180 days | Yes | Mandatory for high BAC (0.15 or higher) and repeat convictions; highly incentivized for first convictions | Yes | Yes |
Oregon | 0.15 | 90 days | After 30 days | Mandatory for all convictions and diversions | Yes | No |
Pennsylvania | 0.1 and 0.16 | None | Uses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL) | Mandatory for high BAC (0.1 or higher) and repeat convictions | Yes | Yes |
Rhode Island | 0.1 and 0.15 | 30 to 180 days | None | Mandatory for all convictions | Yes | No |
South Carolina | 0.10 and 0.16 | 1 month (for BAC 0.15 or higher) | Yes | Mandatory for all convictions | Yes | No |
South Dakota | 0.17 | 30 days | Yes | Discretionary | Yes | No |
Tennessee | 0.2 | 1 year | Yes | Mandatory for repeat convictions; highly incentivized for first convictions | No | Yes |
Texas | 0.15 | 90 days for BAC 0.8 or greater, 180 days for refusal | Yes | Mandatory for repeat convictions and first-time offenders with a BAC greater than 0.15 | Yes | Yes |
Utah | 0.16 | 120 days | None | Mandatory for repeat convictions; highly incentivized for first convictions | Yes | Yes |
Vermont | None | 90 days | None | Highly incentivized for all convictions | Yes | No |
Virginia | 0.15 and 0.2 | 7 days | None | Mandatory for repeat convictions; highly incentivized for first convictions | No | Yes |
Washington | 0.15 | 90 days | With an ignition interlock, a driver's license | Mandatory for all convictions | Yes | No |
West Virginia | 0.15 | 6 months | After 30 days | Mandatory for high BAC (0.15 or higher) and repeat convictions | Yes | Yes |
Wisconsin | 0.17, 0.20 and 0.25 | 6 to 9 months | Yes | Mandatory for high BAC (0.15 or higher) and repeat convictions | Yes | Yes |
Wyoming | 0.15 | 90 days | Yes | Mandatory for high BAC (0.15 or higher) and repeat convictions | No | No |
DUI and DWI statistics in the US
According to the National Highway Traffic Safety Administration (NHTSA), someone is killed in a drunk driving accident around every 39 minutes. A total of 13,524 people died in drunk driving accidents in 2022, while 25% of crashes that killed children were due to drunk drivers.
The Centers for Disease Control reports that around 1 million DUI/DWI arrests are made each year. However, self-reporting shows that many more people drive under the influence and are missed.
FAQ
How long does it take for a DUI or DWI to come off your record?
A DUI or DWI will stop affecting car insurance rates in most states in three to five years. However, in some states, it can take up to 10 years. Additionally, some states remove a DUI from your driving record, but other states don’t, and the conviction will probably stay on your driving record forever.
Can you appeal a DUI conviction?
Yes, you can appeal a DUI or DWI conviction. The rules and procedures vary by state, so contact your court or lawyer to learn more about the appeals process.
Can you travel internationally with a DUI?
Typically, you can travel with a DUI, but it depends on the country you’re entering. Many countries will not allow travelers with a criminal record, even a DUI. Additionally, you may not be able to drive in a different country with a DUI on your record.