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.
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 use 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 |
|---|---|---|---|
| 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% |
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.
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?
- What are the penalties for DWI?
- Will DUIs and DWIs impact my insurance rates?
- Do you go to jail if you get a DUI?
- How long do DUIs and DWIs stay on your driving record?
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 ↩︎
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.
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.
