DUI vs DWI: What’s the Difference, and Which Is Worse?

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
background
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:
AL
,
AK
,
AZ
,
CA
,
DE
,
FL
,
GA
,
ID
,
IL
,
KS
,
KY
,
MD
,
MS
,
MT
,
NE
, NV,
ND
,
OR
, PA,
SC
,
TN
,
UT
,
VT
,
VA
, WA,
WV
,
WY
 

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:
AR
,
LA
,
MN
,
MO
,
NH
,
NJ
,
NM
,
SD
,
TX
, 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:
CO
,
MN
,
NY
,
NC
,
OK
,
RI
 

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
$215
$218
1.5%
$198
$223
13%
$129
$160
24%
$211
$223
6%
$178
$205
15%
$141
$146
4%
Don't let a DUI inflate your insurance rates.
icon4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars
icon4.7/5 app rating | Trusted by 5M+ drivers

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:
DE
,
KY
,
MN
,
NM
,
NY
,
NC
,
OK
,
PA
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.
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 
Misdemeanor
90 days
Ignition Interlock Device (IID) required for 6 months. 
Misdemeanor
90 days
IID required for 6 months. 
Misdemeanor
90 days
IID required for 6–12 months. 
Misdemeanor
6 months
None
Misdemeanor
4 months 
None 
Misdemeanor
9 months 
None
Misdemeanor
45 days
IID required for 12 months
Misdemeanor
12 months*
IID required for 4 months
Misdemeanor
Min 6 months*
IID required for 6 months. 
Misdemeanor
12 months 
None
Hawaii
Misdemeanor
12 months*
None
Misdemeanor
Minimum 90 days 
None
Misdemeanor
6 months 
None
Misdemeanor
60 days
IID required for 60 days
Misdemeanor
30 days
IID required for 180 days
Misdemeanor
6 months
None
Misdemeanor
12 months 
None
Misdemeanor
150 days
None
Misdemeanor
6 months
IID required for 6 months**
Misdemeanor
12 months
None
Misdemeanor
180 days–12 months
None
Misdemeanor, gross misdemeanor, or felony
Up to 12 months
None
Misdemeanor
120 days
None
Misdemeanor
90 days
None
Misdemeanor
6 months
None
Misdemeanor
6–12 months*
IID required for 6–12 months
Misdemeanor
185 days*
IID required for 185 days.
Misdemeanor
9–24 months
IID required for 18– 24 months for aggravated offenses
Traffic offense/violation
3–12 months
IID required for 6 months–1 year if BAC > 0.15%  
Misdemeanor
6 months
None
Misdemeanor
6–12 months
IID required for 6–12 months
Misdemeanor
12 months
IID required for 12 months
Misdemeanor
91 days–180 days
None
Misdemeanor
12–36 months
None
Misdemeanor
180 days
IID required for 90 days
Misdemeanor
90 days–12 months
None
Misdemeanor
Up to 12 months
None
Misdemeanor
3–18 months
None
Misdemeanor
6 months
None
Misdemeanor
30 days–12 months
None
Misdemeanor
12 months
None
Misdemeanor
90 days–24 months
None
Misdemeanor
120 days 
IID required for 18 months
Misdemeanor
90 days
None
Misdemeanor
12 months
IID required for 12 months
Misdemeanor
90 days–4 years
None
Misdemeanor
6 months
None
Misdemeanor
6–9 month 
Enrollment in sobriety program or IID required for 1 year if BAC +/> 0.15 
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

avatar
Sarah Gray
badge icon
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.
avatar
Amy Bobinger
badge icon
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.

Easiest way to compare and buy car insurance

√
No long forms
√
No spam or unwanted phone calls
√
Quotes from top insurance companies
Find insurance savings