DWI vs. DUI: What Is the Difference?

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.

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.

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.