DWI vs. DUI: What Is the Difference?
DUI refers to driving under the influence of alcohol, while DWI refers to driving while intoxicated with drugs, although some state laws use the terms interchangeably. A DUI or DWI will increase your auto insurance rates, and you may have to file an SR-22 certificate.
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Joel Ohman
Founder & CFP®
Joel Ohman is the CEO of a private equity backed digital media company. He is a CERTIFIED FINANCIAL PLANNER™, author, angel investor, and serial entrepreneur who loves creating new things, whether books or businesses. He has also previously served as the founder and resident CFP® of a national insurance agency, Real Time Health Quotes. He has an MBA from the University of South Florida. Jo...
Founder & CFP®
UPDATED: Jul 10, 2023
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Jul 10, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident car insurance decisions. Comparison shopping should be easy. We are not affiliated with any one car insurance company and cannot guarantee quotes from any single company.
Our partnerships don’t influence our content. Our opinions are our own. To compare quotes from top car companies please enter your ZIP code above to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- DUI and DWI are both terms used to describe driving while impaired by drugs or alcohol
- The fundamental difference between DUI and DWI is determined by the states in which the crimes occurred
- DUI is the lesser charge in jurisdictions that classify them separately
DUI and DWI are used to describe drunk or alcohol-related driving violations. Most states use the terms interchangeably to describe getting behind the wheel while intoxicated.
However, other states have different meanings for these terms, and you’re probably wondering about those variances. Read on to learn about the differences between a DUI and a DWI.
What is the difference between a DUI and a DWI?
The main difference between DUI and DWI charges lies in their definition. A DUI means driving under the influence of alcohol, while a DWI refers to driving while intoxicated or impaired by drugs or alcohol. The precise definitions of DUI or DWI depend on the laws in your state.
DUI and DWI charges arise when a law enforcement officer believes you’re too impaired to drive. While the federal legal blood-alcohol content (BAC) is 0.08%, some states pursue DUI or DWI charges at BAC levels of 0.01%.
Certain states may pursue a DUI without checking your BAC levels via a breathalyzer. Other factors that may prompt a law enforcement officer to charge you with a DUI or DWI include erratic behavior, showing signs of impairment even when your BAC is less than 0.08%, and being intoxicated behind the wheel of a parked vehicle.
There is only one charge for drunk driving in 38 states, although it can have different names depending on the jurisdiction. Nine states make notable distinctions between a DUI and a DWI. These states use DUI to refer to driving at or above the legal BAC limit of 0.08%. DWI is used when the levels of impairment are less measurable and often attract more severe consequences.
Some states like Indiana, Iowa, Maine, Michigan, and Massachusetts charge drivers with either an OUI or OWI. OUI refers to operating under the influence, while OWI means operating while intoxicated.
In Arkansas, the difference between DUI vs. DWI is that the former applies to those under 21 caught driving while intoxicated, while the latter is used for intoxicated adults over 21.
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What are the penalties for DUI vs. DWI charges?
There are a variety of potential punishments if charged with a DUI or a DWI. These include fines and fees, suspension or loss of license, mandatory drug or alcohol treatment, ignition interlock devices, and jail time:
- Fines and fees. DUI and DWI cases almost always result in fines. The fine amount can vary depending on the jurisdiction and if you have prior DUI or DWI convictions.
- Suspension or loss of license. The most common penalty for a DUI or DWI conviction is license suspension, which can last for three-to-six months or longer. However, some states like Kansas and Michigan only impost 30-day suspensions.
- Drug and alcohol treatment. Most states require drivers convicted of DUI or DWI to undergo drug and alcohol evaluation and, subsequently, a treatment program.
- Ignition interlock device. Depending on your state of residence, you may have to install an ignition interlock device. The device makes it impossible to start your vehicle unless a breathalyzer test determines that you’re sober.
- Jail time. You may spend some time in jail if it’s your second offense. A judge may also require that you spend time on probation and perform community service.
How do DUI and DWI charges affect car insurance rates?
Insurance companies generally charge more for auto coverage with a DUI or DWI on your record. The national average car insurance rates increase by 74% for drivers with DUI and DWI convictions. This translates to an extra $1,470 for auto insurance each year.
By contrast, accidents cause insurance rates to increase by 41%, while speeding tickets cause a 21% increase.
How long your insurance company increases your rates depends on a few factors. The first is how long the conviction stays on your record, which varies by state. For instance, Massachusetts can look back five years while North Carolina allows three years.
Your state may also require that you get an SR-22 certificate after a DUI or DWI conviction. The certification shows that you have the required car insurance and is referred to as an FR-22 in Florida and Virginia.
Be aware that some companies may drop you as a customer entirely if you have a long history of DUIs and DWIs, as this increases your level of risk to the insurance company. Getting affordable auto insurance when that happens can be incredibly difficult due to your record.
Case Studies: Exploring the Differences and Consequences of DUI vs. DWI
Case Study 1: DUI vs. DWI Laws in Different States
John, Sarah, and Mark find themselves in different states and facing DUI or DWI charges. John is in a state where DUI and DWI are used interchangeably, while Sarah is in a state that distinguishes between the two based on the BAC limit. Mark, on the other hand, resides in a state that uses separate terms for drivers under 21 and those over 21.
Case Study 2: Penalties for DUI vs. DWI Convictions
John, Sarah, and Mark have been convicted of DUI or DWI offenses. Each of them faces different penalties based on the laws in their respective states. John receives fines, license suspension, and mandatory alcohol treatment. Sarah’s conviction leads to increased jail time and an ignition interlock device requirement. Meanwhile, Mark, being a minor, faces specific consequences for underage DUI.
Case Study 3: Impact of DUI and DWI on Car Insurance Rates
John, Sarah, and Mark experience the repercussions of DUI or DWI on their car insurance rates. John’s premium increases by 74%, resulting in an additional $1,470 per year. Sarah’s insurance company considers her a high-risk driver and decides to drop her as a customer. Mark, as a minor, faces challenges in finding affordable auto insurance due to his record.
Case Study 4: Obtaining Car Insurance With a DUI or DWI Record
John, Sarah, and Mark attempt to secure car insurance after their DUI or DWI convictions. John, despite his record, manages to find an insurer specializing in high-risk auto insurance and receives quotes with increased premiums. Sarah faces difficulty finding coverage and must work with an independent insurance agent experienced in high-risk cases.
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The Bottom Line on the Difference Between a DUI and a DWI
Dealing with the aftermath of a DUI or DWI conviction can be challenging. Your car insurance rates will increase, and you risk losing your license. In addition, drivers with multiple offenses can face jail time and lose their auto insurance coverage entirely.
If you’re looking for affordable auto insurance after a DUI or DWI, we recommend comparing quotes from companies that offer high-risk auto insurance. You can get an idea of how much you can expect your rates to increase and find an insurer that can offer you the most affordable quotes.
Frequently Asked Questions
How can I find insurance companies specializing in high-risk auto insurance?
Research and contact insurers catering to high-risk drivers or work with an independent insurance agent experienced in high-risk cases.
Can a DUI or DWI conviction affect my ability to get other types of insurance?
Yes, it may impact your ability to obtain other types of insurance, as insurers may view you as a higher risk and adjust premiums or coverage accordingly.
Can I remove a DUI or DWI from my driving record?
It depends on the state, but it’s generally a complex and time-consuming process requiring specific criteria to be met.
How long will a DUI or DWI conviction stay on my driving record?
The duration varies by state, typically ranging from several years to more than a decade.
Can I get car insurance with a DUI or DWI on my record?
Yes, but insurance companies may consider you high-risk and charge higher premiums or drop you as a customer due to increased risk.
How does law enforcement determine if someone is driving under the influence?
Law enforcement uses methods like breathalyzer tests, observing behavior, conducting field sobriety tests, and considering signs of impairment below the legal BAC limit.
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Joel Ohman
Founder & CFP®
Joel Ohman is the CEO of a private equity backed digital media company. He is a CERTIFIED FINANCIAL PLANNER™, author, angel investor, and serial entrepreneur who loves creating new things, whether books or businesses. He has also previously served as the founder and resident CFP® of a national insurance agency, Real Time Health Quotes. He has an MBA from the University of South Florida. Jo...
Founder & CFP®
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.