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.

What is a DWI vs. a DUI?
StateDWIDUI
ArizonaCivil offense for drivers with a BAC* between .05 and .079Criminal offense for drivers with a BAC of 0.08 or higher
ArkansasDrivers under 21 operating a vehicle with a BAC of 0.02 - 0.08Operating a vehicle with a BAC of 0.08 or higher
MarylandDrivers under 21 operating a vehicle with a BAC of 0.08Operating a vehicle with a BAC of 0.08 or higher
New YorkDWAI - driving while ability impaired with a BAC between 0.05 and 0.07Operating a vehicle with a BAC of 0.08 or higher
Rhode IslandCivil offense for drivers under 21 Operating a vehicle with a BAC of 0.08 or higher
TexasDrivers under 21 operating a vehicle with any intoxicationOperating a vehicle with a BAC of 0.08 or higher
Data updated in 2024

*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.

StateIncreased penalty for high BACAdministrative license suspension after first offenseLimited driving privileges during suspensionIgnition interlocksOpen container lawsRepeat offender laws
Alabama0.1590 daysNoneMandatory for high BAC (0.15), repeat offenders, or if there's a child under the age of 14 in the car.YesYes
AlaskaNone90 daysAfter 30 daysMandatory for all convictionsNoNo
Arizona0.1590 daysAfter 30 daysMandatory for all convictionsYesYes
ArkansasNone6 monthsYesMandatory for all convictionsYesYes
California0.154 monthsAfter 30 daysMandatory for all repeat and injury-involved offenses, first-time injury or vehicular manslaughter offensesYesNo
Colorado0.153 monthsYesMandatory for high BAC (0.15), repeat offenders, highly incentivized for first convictionYesNo
ConnecticutNone90 daysYesHighly incentivized for all convictionsNoYes
Delaware0.153 monthsNoHighly incentivized for all convictionsNoYes
District of Columbia0.20, 0.25 and 0.302 to 90 days or until depositionYesMandatory for all convictionsYesYes
Florida0.26 months for DUI, 12 months for refusalDUI: After 30 days, Refusal: After 90 daysNoneYesYes
HawaiiNone3 monthsAfter 30 daysMandatory for all convictionsNoNo
Idaho0.290 daysAfter 30 daysMandatory for all convictionsYesYes
Illinois0.166 monthsAfter 30 daysMandatory for all convictions; Highly incentivized for first convictionsYesYes
Indiana0.15180 daysAvailable immediatelyMandatory for repeat convictionsYesNo
Iowa0.15180 daysAfter 30 daysHighly incentivized for all convictionsYesYes
Kansas0.1530 daysNoneHighly incentivized for all convictionsYesYes
Kentucky0.1530 to 120 daysYesMandatory for all convictionsYesYes
Louisiana0.212 monthsYes (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 convictionsNoNo
Maine0.15150 daysYesHighly incentivized for all convictionsYesYes
Maryland0.15180 days for both 0.8 and 0.15 for a first offenseYes, with interlockMandatory for all convictionsYesYes
Massachusetts0.290 daysYesMandatory for repeat convictionsYesYes
Michigan0.1730 to 180 daysAfter 45 daysMandatory for high BAC (0.17) and repeat convictionsYesYes
Minnesota0.1690 daysAfter 15 daysHighly incentivized for high BAC (0.16) and repeat convictionsYesNo
MississippiNone90 daysNoneMandatory for all convictionsNoYes
Missouri0.1590 daysAfter 30 days (restricted)Mandatory for repeat convictionsNoYes
Montana0.166 monthsYesMandatory for repeat convictionsYesNo
Nebraska0.1590 daysAfter 30 daysMandatory for all convictionsYesYes
Nevada0.1890 daysAfter 45 daysMandatory for all convictionsYesYes
New Hampshire0.166 monthsNoneMandatory for all convictionsYesYes
New Jersey0.13 monthsNoneMandatory for all convictionsYesYes
New Mexico0.16 (with mandatory jail on all offenses)Under 21: 1 year21 and over: 6 monthsImmediately, with an ignition interlockMandatory for all convictionsYesYes
New York0.18YesYesMandatory for all convictionsYesYes
North Carolina0.1530 daysAfter 10 daysMandatory for high BAC (0.15 or higher) and repeat convictionsYesYes
North Dakota0.1891 daysAfter 30 daysDiscretionaryYesNo
Ohio0.1790 daysAfter 15 daysMandatory for repeat convictionsNoNo
Oklahoma0.15180 daysYesMandatory for high BAC (0.15 or higher) and repeat convictions; highly incentivized for first convictionsYesYes
Oregon0.1590 daysAfter 30 daysMandatory for all convictions and diversionsYesNo
Pennsylvania0.1 and 0.16NoneUses programs called Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL)Mandatory for high BAC (0.1 or higher) and repeat convictionsYesYes
Rhode Island0.1 and 0.1530 to 180 daysNoneMandatory for all convictionsYesNo
South Carolina0.10 and 0.161 month (for BAC 0.15 or higher)YesMandatory for all convictionsYesNo
South Dakota0.1730 daysYesDiscretionaryYesNo
Tennessee0.21 yearYesMandatory for repeat convictions; highly incentivized for first convictionsNoYes
Texas0.1590 days for BAC 0.8 or greater, 180 days for refusalYesMandatory for repeat convictions and first-time offenders with a BAC greater than 0.15YesYes
Utah0.16120 daysNoneMandatory for repeat convictions; highly incentivized for first convictionsYesYes
VermontNone90 daysNoneHighly incentivized for all convictionsYesNo
Virginia0.15 and 0.27 daysNoneMandatory for repeat convictions; highly incentivized for first convictionsNoYes
Washington0.1590 daysWith an ignition interlock, a driver's licenseMandatory for all convictionsYesNo
West Virginia0.156 monthsAfter 30 daysMandatory for high BAC (0.15 or higher) and repeat convictionsYesYes
Wisconsin0.17, 0.20 and 0.256 to 9 monthsYesMandatory for high BAC (0.15 or higher) and repeat convictionsYesYes
Wyoming0.1590 daysYesMandatory for high BAC (0.15 or higher) and repeat convictionsNoNo
Data updated in 2024

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.