DUI vs. DWI: What’s the Difference?

If the police catch you driving while under the influence of alcohol or drugs, you’ll likely receive a DUI or DWI. Definitions and laws vary by state, but if convicted, you could face severe penalties, including jail time, fines, and license suspension. Plus, you’ll likely see a substantial hike in your insurance rates — so finding cheap car insurance might be difficult.
This article explains the differences between the terms, what happens if you get one, and alcohol-impaired laws by state.

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DUI vs. DWI: Key Differences

The term DUI stands for driving under the influence. DWI stands for driving while impaired or intoxicated. If you’re pulled over or in an accident and a law enforcement officer suspects you to be under the influence of drugs or alcohol, you may have to submit to a breathalyzer or field sobriety test. Failure to do so typically results in a trip to the police station.
Let’s take a closer look at the differences between DUI and DWI and how authorities penalize each.

Intoxicated vs. impaired

Each state handles a DUI and DWI differently, which can make things confusing. A DUI charge is often the more serious of the two, though some states only recognize one term or use them interchangeably.
Nine states have charges for both terms, with each having its own factors and punishments coming into play. Most states use either your age or BAC to determine which offense you’re charged with.
In some cases, the state may charge you with DWI even if your blood alcohol content (BAC) is below 0.08% but you show other signs of impairment.

DUI or DWI: Which is worse?

Like the use of the terms themselves, the ways authorities punish drivers who are guilty of DUIs or DWIs vary by state. That said, in states that use both terms, a DWI is typically a more serious charge than a DUI.
For example, Arizona and Minnesota typically charge drivers with a DUI if they appear impaired but have a BAC lower than 0.08%. Any driver with a BAC over the legal limit faces a DWI charge. But that’s not the case everywhere — Oklahoma uses DUI for drivers at or above 0.08%, but DWI if it’s 0.06% or 0.07%.

Other Impaired Driving Acronyms

Over half of the United States uses the term DUI, but 10 states use DWI to mean driving while intoxicated or impaired by drugs or alcohol. Some states use both but for different scenarios.
For example, Arkansas uses DUI for drivers younger than age 21 and DWI for drivers ages 21 and older who drive impaired. In Maryland, it’s the opposite.
To make it more confusing, DUI and DWI aren’t the only terms that states use for impaired drivers. These different acronyms are typically used when a driver’s BAC is 0.08% or higher:

What to Expect If You Get a DUI or DWI

You could face several consequences if you get a DUI or DWI. Potential penalties include:

• Driver’s license suspension

• Jail time

• Fines

• Mandatory installation of vehicle ignition interlock device

• Community service

First-time convictions often see less severe penalties than repeat offenders. But you should still take a first offense seriously. The average first-offense DUI conviction costs $6,500.
The first DUI or DWI in most states is classified as a misdemeanor — as long as you don’t cause injury or death. The second and subsequent offenses usually result in felony charges with longer jail sentences, license suspensions, and higher fines.

DUI and DWI penalties by state

Every state, including Washington, D.C., has a zero-tolerance policy for underage drinking and driving. It’s a criminal offense to drive under the influence of alcohol if you’re younger than 21. And the limit is much smaller for drivers 21 and older, varying by state and ranging from 0.00% to 0.02%.
You can be charged with a DUI per se if your BAC is above your state’s legal BAC limit. All states have a BAC limit of 0.08%, except Utah, which has a 0.05% limit.
All states except Arkansas, Alabama, and Mississippi have enhanced penalties for a BAC level above the legal limit, though the limit and penalties vary.
The following table shows each state’s license suspension and limited driving privileges while suspended after the first offense.

All states require at least 30 days of license suspension after the first offense, except for Pennsylvania and Virginia. Most states allow limited driving privileges, like driving to and from work.

How a DUI Affects Your Auto Insurance

A DUI can have severe consequences on your car insurance premiums. Average rates increase by 94%, according to Compare.com data. The national average cost after one DUI or DWI conviction is $258 per month — a huge difference compared to a driver with a clean driving record.
Depending on your state and car insurance company, you can expect higher rates for three to five years. Companies also label you as a high-risk driver, making it harder to find car insurance.
You don’t even have to be at fault in an accident with a DUI to face higher rates. If you were, your insurer would likely consider the at-fault accident and DUI separate offenses and cancel your policy.

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Drunk vs. Drugged Driving Laws

Drugged driving means operating a motor vehicle while impaired by substances, regardless of whether the substance is legal or illegal. Examples of drugs that could cause you to get a DUI or DWI charge include:

• Marijuana

• Methamphetamines

• Cocaine

• Over-the-counter or prescription drugs that cause dizziness, drowsiness, or other side effects, like sleep aids, muscle relaxers, or cold medicine

Drugged driving laws can have more nuance than drunk driving laws. For example, 16 states have what’s called “zero-tolerance” laws for illegal drugs, meaning there can’t be any in your system while driving. Five states have what’s known as per-se laws, which make drug levels over set amounts illegal to drive.

DUI vs. DWI: Frequently Asked Questions

Sources

1. DUI Driving Laws, “How Much Does a First Offense DUI Cost?,” last accessed April 5, 2024.

2. Governors Highway Safety Association, “Drug Impaired Driving,” last accessed April 5, 2024.

3. National Highway Traffic Safety Administration, “Drunk Driving,” last accessed April 5, 2024.