What’s the main difference between a DUI and DWI?

A DUI and DWI are interchangeable in some states, but these terms have different meanings in states that charge for them separately.For example, a DUI charge could mean you were driving under the influence of drugs or alcohol. By comparison, DWI means you were driving while intoxicated by alcohol or under the influence of a controlled substance.

How many points is a DUI?

The number of points that are placed on your driving record after a DUI varies by state, but some states don’t use point systems at all. If you live in California, two points will be added to your record. But if you’re convicted of a DUI in Arkansas, 14 points will be added to your record.

Is a DWI worse than DUI?

The answer to this question depends on where you live. In states that charge separately for a DUI and DWI, a DWI is typically a more serious charge. But if you live in Maryland, a DUI is the more serious offense.

What happens when you get a DUI?

When you get a DUI, a police officer usually pulls you over because they suspect you’re driving under the influence of alcohol or other drugs. If the officer determines they have probable cause to arrest you for DUI, they’ll likely take you to a nearby jail or police station. They may give you a breathalyzer test during the stop to determine probable cause.Afterward, you can resolve the matter by accepting a plea deal or going to trial. A DUI can remain on your record for seven to 10 years in most states if you’re found guilty. Specific penalties — like fees, license suspension, points, and jail time — vary by state.

What is a high BAC for a DUI?

The typical BAC threshold in the United States is 0.08%. The BAC limit, however, is much lower for drivers younger than 21 — generally ranging from 0% to 0.02%.You can receive harsher penalties for having a BAC above a certain amount. For instance, if you’re convicted of a DUI in Alabama with a BAC of 0.15% or higher, you’ll receive a much more significant punishment than a BAC under 0.15%.

DWI vs. DUI: What's the Difference? (2023)

DUIs, DWIs, and related charges almost always result in increased car insurance premiums and license suspension.^[1] Because states define these terms differently, the specific terms vary and may carry different implications.

Here’s what you need to know about traffic laws in your state, including the differences between DUIs, DWIs, and similar charges; what penalties and fines you may encounter; and how long your license might be suspended in each state.

DUI vs. DWI: What’s the difference?
DUI and DWI laws by state
How long a DUI stays on your record
How a DUI affects insurance rates
DUIs and DWIs FAQs

DUI vs. DWI: What’s the difference?

A DUI charge stands for “driving under the influence,” while a DWI charge stands for “driving while impaired or intoxicated.” Though these terms refer to the same charge in some states, DUIs and DWIs have distinct meanings elsewhere.

State laws vary, but a DUI charge can be more serious than a DWI charge in states with both charges. People typically face charges when caught driving with a blood alcohol concentration (BAC) over the legal limits set by the state. If you’re convicted of either one of these crimes, you’ll likely face severe consequences.

Common penalties for a DUI or DWI conviction include higher insurance rates, fines, license suspension, and possible jail time.

Important Information:

In every state, drivers are considered intoxicated with a BAC of 0.08% or higher. In most states, the limit for drivers of commercial vehicles is lower — 0.04%, according to the American Addiction Centers.^[2]

OUI vs. OWI

Some states use terms similar to DUI and DWI, like OUI and OWI. An OUI charge stands for “operating under the influence,” while an OWI charge means “operating while intoxicated.” Both terms refer to charges similar to DUI and DWI charges. The following states use this terminology:

Connecticut
Indiana
Maine
Massachusetts
Michigan
New Hampshire
Wisconsin

OWVI vs. DUAC

OWVI means “operating while visibly impaired,” while DUAC means “driving with an unlawful alcohol concentration.” These also carry similar meanings to DUI and DWI charges.

If you’re in South Carolina, you can be charged with a DUAC if you’re driving with a 0.08% BAC or greater.^[3] In Michigan, you can be charged with an OWVI if caught driving under the influence of alcohol or another controlled substance.

DUI and DWI laws by state

Below is a table that breaks down the laws for DUI, DWI, and related charges in each state, sourced from official state government websites and state driving laws published by NOLO.^[4] In the column for penalties, you’ll see required fines and points added (where applicable) to the driver’s record following the incident.

State	Violation Type	Penalties	Length of License Suspension
Alabama	DUI	$600 to $2,100; 6 points	90 days
Alaska	DUI	$1,500; 10 points	90 days
Arizona	DUI	$250; 8 points	90 to 360 days
Arkansas	DUI and DWI	$150 to $1,000; 14 points	6 months
California	DUI	$1,400 to $2,600; 2 points	30 days to 10 months
Colorado	DUI and DWAI	Max of $1,000 and 12 points for DUI; Max of $500 and 8 points for DWAI	9 months for DUI
Connecticut	DUI, OUI, and DWI	$500 to $1,000; 3 points	12 months
Delaware	DUI	$500 to $1,150	12 to 24 months
Florida	DUI	$500 to $2,000	180 days to 1 year
Georgia	DUI	$300 to $1,000; 3 points	1 year
Hawaii	OVII	$150 to $1,000	90 days
Idaho	DUI	Max of $1,000	90 to 189 days
Illinois	DUI	Max of $2,500	1 year
Indiana	OWI	$500 to $5,000; 8 points	Up to 2 years
Iowa	OWI	$625 to $1,200; 4 points	180 days
Kansas	DUI	$750 to $1,000	30 days
Kentucky	DUI	$600 to $2,100	90 days
Louisiana	DWI and OWI	$1,000	90 days
Maine	OUI	$500; 2 points	90 days
Maryland	DUI and DWI	Max of $1,000 for DUI; max of $500 for DWI; 12 points	6 months
Massachusetts	OUI	$500 to $5,000; 5 points	1 year
Michigan	OWI and OWVI	$100 to $500; 6 points	6 months
Minnesota	DWI	$1,000	90 days
Mississippi	DUI	$250 to $1,000	90 days
Missouri	DWI	Max of $500; 8 points	30 days
Montana	DUI	$300 to $1,000; 10 points	6 months
Nebraska	DUI	Max of $500; 6 points	60 days
Nevada	DUI	$400 to $1,000	90 days
New Hampshire	DUI and OUI	$500 to $1,200; 6 points	6 months
New Jersey	DWI	$250 to $500	3 months to 1 year
New Mexico	DWI	Max of $500	Up to 1 year
New York	DWI and DWAI	$500 to $1,000	6 months
North Carolina	DWI	$200 (level 5 offender)	60 days to 1 year
North Dakota	DUI	$500 to $750	91 to 180 days
Ohio	OVI	$250 to $1,000; 6 points	6 months to 3 years
Oklahoma	DUI and DWI	Max of $1,000	30 days
Oregon	DUI	$1,000 to $6,250	1 year
Pennsylvania	DUI	$300	12 months for second DUI
Rhode Island	DUI	$100 to $500	2 to 8 months
South Carolina	DUAC and DUI	$400 to $1,000	6 months
South Dakota	DUI	$1,000; 10 points	30 days to 1 year
Tennessee	DUI	$350 to $1,500	1 year
Texas	DWI	Max of $2,000	90 to 365 days
Utah	DUI	Minimum of $700	120 days
Vermont	DUI	Max of $750	90 days
Virginia	DUI	Minimum of $250; 6 points	1 year
Washington	DUI	$865.50 to $5,000	90 days to 1 year
Washington, D.C.	DUI and DWI	$300 to $1,100; 12 points	6 months
West Virginia	DUI	$100 to $1,000	15 to 45 days
Wisconsin	OWI	$150 to $300; 6 points	6 to 9 months
Wyoming	DUI	Max of $750	90 days

See More: Cheapest Car Insurance for a Bad Driving Record

How long a DUI stays on your record

A DUI will stay on your record for at least five years, but how long a DUI remains on your record after that depends on the state you live in. In most states, a DUI charge remains on your criminal record for seven to 10 years.^[5] Other states, like Indiana, Colorado, and Massachusetts, require a DUI charge to remain on your record permanently.

How a DUI affects insurance rates

Whether you live in a state where DUI charges stay on your record permanently or just for five years, you’ll face increased auto insurance rates. Auto insurers view your driving record as an indicator of risk levels and your likelihood of filing claims. So a severe charge, like reckless driving or a DUI, will make them view you as a high-risk driver. Beyond earning higher rates for yourself, you may also face insurers unwilling to take you on as a policyholder due to your record.^[1]

Not technically insurance, an SR-22 form is a certificate that provides proof to your state’s department of motor vehicles (DMV) that you meet minimum insurance requirements. If your license is suspended after a DUI or DWI, your state will likely require an SR-22 form from your insurer before reinstating your license or renewing your vehicle registration.^[6] Some insurers don’t offer these forms, so you’ll have to confirm with your current or future auto insurer that they do.

DUIs and DWIs FAQs

Here are answers to some commonly asked questions about DUIs and DWIs.

A DUI and DWI are interchangeable in some states, but these terms have different meanings in states that charge for them separately.
For example, a DUI charge could mean you were driving under the influence of drugs or alcohol. By comparison, DWI means you were driving while intoxicated by alcohol or under the influence of a controlled substance.
The number of points that are placed on your driving record after a DUI varies by state, but some states don’t use point systems at all. If you live in California, two points will be added to your record. But if you’re convicted of a DUI in Arkansas, 14 points will be added to your record.
The answer to this question depends on where you live. In states that charge separately for a DUI and DWI, a DWI is typically a more serious charge. But if you live in Maryland, a DUI is the more serious offense.
When you get a DUI, a police officer usually pulls you over because they suspect you’re driving under the influence of alcohol or other drugs. If the officer determines they have probable cause to arrest you for DUI, they’ll likely take you to a nearby jail or police station. They may give you a breathalyzer test during the stop to determine probable cause.
Afterward, you can resolve the matter by accepting a plea deal or going to trial. A DUI can remain on your record for seven to 10 years in most states if you’re found guilty. Specific penalties — like fees, license suspension, points, and jail time — vary by state.
The typical BAC threshold in the United States is 0.08%. The BAC limit, however, is much lower for drivers younger than 21 — generally ranging from 0% to 0.02%.
You can receive harsher penalties for having a BAC above a certain amount. For instance, if you’re convicted of a DUI in Alabama with a BAC of 0.15% or higher, you’ll receive a much more significant punishment than a BAC under 0.15%.

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Data scientists at Insurify analyzed more than 40 million real-time auto insurance rates from our partner providers across the United States to compile the car insurance quotes, statistics, and data visualizations displayed on this page. The car insurance data includes coverage analysis and details on drivers' vehicles, driving records, and demographic information. Quotes for Allstate, Farmers, GEICO, State Farm, and USAA are estimates based on Quadrant Information Service's database of auto insurance rates. With these insights, Insurify is able to offer drivers insight into how companies price their car insurance premiums.

Sources

Insurance Information Institute. "What if I can't find auto coverage?." Accessed January 18, 2023
American Addiction Centers. "Legal Alcohol Limits." Accessed January 20, 2023
South Carolina Department of Public Safety. "SC Laws Relative to Impaired Driving." Accessed January 12, 2023
NOLO. "DUI Laws by State." Accessed January 12, 2023
NOLO. "How Long Will a DUI Conviction be on my Record?." Accessed January 18, 2023
NOLO. "SR-22 Insurance: What It Is and When It’s Required." Accessed January 18, 2023

DWI vs. DUI: What's the Difference?

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