DUI and DWI both generally mean driving under the influence, with DWI being a more serious offense. Read this article on DUIs to learn how it affects insurance.

Written by Sarah Gray

Edited by Amy Bobinger

Updated on Apr 18, 2024

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What is a DUI?
How a DUI affects your insurance
Legal consequences of a DUI in each state
FAQ
Meet our experts

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There is no standard definition for driving under the influence (DUI) or driving while intoxicated (DWI). Some states consider the terms interchangeable and some don’t use those terms at all—but no matter how your state defines and punishes driving under the influence of drugs or alcohol, you can expect a conviction to result in an average 83%

car insurance

rate increase.

What is a DUI?

Depending on your state, DUI could mean driving under the influence of alcohol, legal or illegal drugs, or either.

For drivers 21 and over, the legal limit for blood alcohol content/concentration (BAC) in the US is 0.08%, though some states have a slightly higher limit of 0.1.1 The federal underage BAC level is 0.02, but many states have adopted a zero-tolerance policy for underage drinking and driving, charging drivers under 21 found with any amount of alcohol in their system with a DUI offense.2

No matter your age, drunk driving and impaired driving are illegal in all states, but there are seven names, and acronyms, associated with the charges.

Infographic listing the various types of impaired driving charges, including driving under the influence, driving while intoxicated, driving while impaired, operating under the influence of intoxicating liquor, operating while intoxicated, operating a vehicle while under the influence of an intoxicant, operating a vehicle under the influence of alcohol or drugs

1. Driving under the influence: DUI

DUI or “driving under the influence”—or “driving under the influence of intoxicants (DUII)” if you’re in Oregon—is the most common name and acronym used when ticketing a motorist for driving under the influence of alcohol or drugs. A few states, like Kentucky, will note whether the charge is associated with alcohol or controlled substances, but the penalties are the same.

States that us DUI as the umbrella term for all drug- and alcohol-related traffic offenses:

, NV,

, PA,

, WA,

2. Driving while intoxicated: DWI

In states where DWI stands for driving while intoxicated, a DWI is the same as a DUI. In fact, the terms are often used interchangeably in these states.

States that use DWI as the umbrella term for all drug- and alcohol-related traffic offenses:

, DC**

3. Driving while impaired: DWI

In states where DWI stands for driving while impaired—or in the cases of Colorado and New York, “driving while ability is impaired”—the term can refer to impairment from any type of drug, legal or illegal.

In states like Oklahoma and Rhode Island where DWI is charged separately from DUI, a DWI is typically the more serious offense.

States with separate definitions for DUI and DWI:

4. Operating under the influence of intoxicating liquor: OUI

OUI is basically the same thing as DUI or DWI (driving while intoxicated). The term is used whether the motorist is intoxicated with liquor or a controlled substance.

Currently,

Connecticut

Maine

, and

Massachusetts

are the only states that use this term.

5. Operating while intoxicated: OWI

OWI means the same thing as DUI or DWI (driving while intoxicated), and is used regardless of the intoxicating substance.

This term is currently used only in

Indiana

Iowa

Michigan

, and Wisconsin.

6. Operating a vehicle while under the influence of an intoxicant: OVUII

Like DUI and DWI (driving while intoxicated), OVUII is used in any situation that includes a motorist driving under the influence of drugs or alcohol. This charge is only used in Hawaii.

7. Operating a vehicle under the influence of alcohol or drugs: OVI

Another term synonymous with DUI and DWI (driving while intoxicated), OVI is charged in

Ohio

when a motorist is driving drunk or high.

How a DUI affects your insurance

A DUI or DWI conviction will mean higher car insurance rates. In some cases, it may even result in non-renewal or policy cancellation.

Did you know? Even with full coverage, your insurance may not pay for all the damages associated with a DUI accident. If you’ve been in an accident while inebriated or under the influence, be sure to check your policy details to see whether you’re covered.

Whether you’re able to stick with your current policy or you have to find new coverage, you should expect an average rate increase of about 83%. Auto insurance companies view drivers with DUIs as high risk, so they charge more to offer you coverage.

That’s why comparison shopping for the best price is more important than ever following a DUI conviction. Here are some examples of great monthly rates Jerry found for real customers with a DUI on their record:

Company	Average rate	Average rate after DUI	Percent increase
AAA	$215	$218	1.5%
Allstate	$198	$223	13%
Clearcover	$129	$160	24%
National General	$211	$223	6%
Progressive	$178	$205	15%
Travelers	$141	$146	4%

Don't let a DUI inflate your insurance rates.

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Will I need an SR-22 after a DUI conviction?

In most states, you’ll need to file an

SR-22

for two to five years following a DUI conviction. This filing verifies for the state that you have the required minimum liability coverage.

The following states do not require SR-22 filings:

Florida

and

Virginia

residents convicted of a DUI will have to file an

FR-44

. Like an SR-22, it provides proof of adequate insurance to the state, but unlike an SR-22, FR-44s require filing drivers to purchase higher liability limits than required by most drivers.

How long does a DUI stay on your insurance record?

In most states, a DUI conviction will affect insurance premiums for three to five years. But in some states, the effects last much longer.

Legal consequences of a DUI in each state

Of course, the consequences of a DUI extend well past the limits of car insurance. To give you an idea of what a DUI might cost you (both literally and figuratively), Jerry’s experts gathered information on potential legal repercussions for first-time DUI offenses by state:

State	Felony or Misdemeanor	License suspension	Required limits on driving privileges
Alabama	Misdemeanor	90 days	Ignition Interlock Device (IID) required for 6 months.
Alaska	Misdemeanor	90 days	IID required for 6 months.
Arizona	Misdemeanor	90 days	IID required for 6–12 months.
Arkansas	Misdemeanor	6 months	None
California	Misdemeanor	4 months	None
Colorado	Misdemeanor	9 months	None
Connecticut	Misdemeanor	45 days	IID required for 12 months
Delaware	Misdemeanor	12 months*	IID required for 4 months
Florida	Misdemeanor	Min 6 months*	IID required for 6 months.
Georgia	Misdemeanor	12 months	None
Hawaii	Misdemeanor	12 months*	None
Idaho	Misdemeanor	Minimum 90 days	None
Illinois	Misdemeanor	6 months	None
Indiana	Misdemeanor	60 days	IID required for 60 days
Kansas	Misdemeanor	30 days	IID required for 180 days
Kentucky	Misdemeanor	6 months	None
Louisiana	Misdemeanor	12 months	None
Maine	Misdemeanor	150 days	None
Maryland	Misdemeanor	6 months	IID required for 6 months**
Massachusetts	Misdemeanor	12 months	None
Michigan	Misdemeanor	180 days–12 months	None
Minnesota	Misdemeanor, gross misdemeanor, or felony	Up to 12 months	None
Mississippi	Misdemeanor	120 days	None
Missouri	Misdemeanor	90 days	None
Montana	Misdemeanor	6 months	None
Nebraska	Misdemeanor	6–12 months*	IID required for 6–12 months
Nevada	Misdemeanor	185 days*	IID required for 185 days.
New Hampshire	Misdemeanor	9–24 months	IID required for 18– 24 months for aggravated offenses
New Jersey	Traffic offense/violation	3–12 months	IID required for 6 months–1 year if BAC > 0.15%
New Mexico	Misdemeanor	6 months	None
New York	Misdemeanor	6–12 months	IID required for 6–12 months
North Carolina	Misdemeanor	12 months	IID required for 12 months
North Dakota	Misdemeanor	91 days–180 days	None
Ohio	Misdemeanor	12–36 months	None
Oklahoma	Misdemeanor	180 days	IID required for 90 days
Oregon	Misdemeanor	90 days–12 months	None
Pennsylvania	Misdemeanor	Up to 12 months	None
Rhode Island	Misdemeanor	3–18 months	None
South Carolina	Misdemeanor	6 months	None
South Dakota	Misdemeanor	30 days–12 months	None
Tennessee	Misdemeanor	12 months	None
Texas	Misdemeanor	90 days–24 months	None
Utah	Misdemeanor	120 days	IID required for 18 months
Vermont	Misdemeanor	90 days	None
Virginia	Misdemeanor	12 months	IID required for 12 months
Washington	Misdemeanor	90 days–4 years	None
West Virginia	Misdemeanor	6 months	None
Wisconsin	Misdemeanor	6–9 month	Enrollment in sobriety program or IID required for 1 year if BAC +/> 0.15
Wyoming	Misdemeanor	90 days	IID required for 6 months if BAC =/> 0.15%
Washington DC	Misdemeanor or felony	6 months	IID required for 6 months

* License revocation, ** For alcohol-related offenses

FAQ

What is a DUI and DWI?

Depending on your state, DUI could mean driving under the influence of alcohol, legal or illegal drugs, or either.

What are the penalties for DWI?

Penalties for DWI vary by state but usually include fines, license suspension or revocation, and possible jail time. You’ll also face increased insurance costs as a result of a DWI.

Will DUIs and DWIs impact my insurance rates?

Yes, drivers convicted of DUI/DWI see car insurance rate increases averaging about 83%.

Do you go to jail if you get a DUI?

You could certainly wind up in jail if you get a DUI. Several states required minimum jail sentences from a few days to several weeks even for a first offense.

How long do DUIs and DWIs stay on your driving record?

In some states, a DUI/DWI will remain on your driving record indefinitely. In most, a DUI will fall off your record in 5–10 years.

Meet our experts

Sarah Gray

Licensed Insurance Agent — Expert Insurance Writer and Editor

Sarah Gray is an insurance writer with nearly a decade of experience in publishing and writing. Sarah specializes in writing articles that educate car owners and buyers on the full scope of car ownership—from shopping for and buying a new car to scrapping one that’s breathed its last and everything in between. Sarah has authored over 1,500 articles for Jerry on topics ranging from first-time buyer programs to how to get a salvage title for a totaled car.

Prior to joining Jerry, Sarah was a full-time professor of English literature and composition with multiple academic writing publications.

Amy Bobinger

Licensed Insurance Agent — Expert Insurance Editor

Expert insurance writer and editor Amy Bobinger specializes in car repair, car maintenance, and car insurance. Amy is passionate about creating content that helps consumers navigate challenges related to car ownership and achieve financial success in areas relating to cars.

Amy has over 10 years of writing and editing experience. After several years as a freelance writer, Amy spent four years as an editing fellow at WikiHow, where she co-authored over 600 articles on topics including car maintenance and home ownership. Since joining Jerry’s editorial team in 2022, Amy has edited over 2,500 articles on car insurance, state driving laws, and car repair and maintenance.

SOURCES

https://alcoholpolicy.niaaa.nih.gov/nhtsa-policy-topics/blood-alcohol-concentration-limits/49

https://alcoholpolicy.niaaa.nih.gov/apis-policy-topics/youth-underage-operators-of-noncommercial-motor-vehicles/13