DWI vs. DUI: Is There a Difference?
Driving under the influence (DUI) and driving while intoxicated (DWI) are terms that often appear interchangeably in conversations about impaired driving. However, there are state-by-state distinctions between the two in terms of legal definitions and consequences.
In this article, we will explore the key differences between DUI vs. DWI, shedding light on how these offenses are classified and penalized in various places.
What Is a DUI?
DUI stands for "Driving Under the Influence." In legal terms, it typically refers to operating a motor vehicle while being impaired by alcohol or drugs, including prescription medications.
The level of impairment required to be charged with a DUI can vary depending on local laws. However, it generally means that the driver's ability to operate the vehicle safely is compromised due to the consumption of alcohol or drugs. The blood alcohol concentration (BAC) limit, which determines when a person is considered legally impaired, also varies by jurisdiction but is often set at 0.08% in many places.
What Is a DWI?
DWI stands for "Driving While Intoxicated" or "Driving While Impaired." Like a DUI, a DWI offense involves operating a motor vehicle while under the influence of alcohol or drugs. However, the key difference between a DUI and a DWI lies in the terminology and the specific legal definitions used in different states or regions.
Some areas use DWI, while others prefer DUI, and, in some places, both terms are used interchangeably. The distinction often depends on local legislation and how they choose to classify impaired driving offenses.
Although the terms may be used differently based on the state, most of the penalties and treatment options will be the same for DUIs and DWIs.
DWI and DUI Penalties
Penalties for both DWI and DUI can include fines, license suspension, mandatory alcohol or drug education programs, probation, community service, and in some cases, jail time. The severity of penalties often depends on factors such as BAC level, prior offenses, and the jurisdiction's laws.
Additional Offenses
- Aggravated DUI/DWI: Some areas have separate charges for aggravated offenses, which may involve extremely high BAC levels, accidents resulting in injuries or fatalities, or driving with a suspended or revoked license. These aggravated charges often carry more severe penalties.
Juvenile Offenses
- Minor DUI/DWI: Special rules often apply when minors (individuals under the legal drinking age) are charged with impaired driving. These cases may lead to penalties like license suspension and mandatory education programs.
Treatment Options
- In some cases, individuals charged with DUI or DWI may be required to complete alcohol or drug treatment programs as part of their sentence aimed at addressing substance abuse issues and preventing future offenses.
DWI and DUI in Different States
DWI and DUI laws vary from state to state in the United States. The terminology used, as well as the legal limits and penalties, can differ significantly. Here's an overview of how DWI and DUI are treated in different states:
|
State |
Legal Alcohol Limit |
Jail Time for First Offense |
Minimum Fine for First Offense |
Minimum License Suspension |
Mandatory Alcohol Assessment/Treatment |
|
Alabama |
|
One-year maximum |
$600 |
90 days |
Yes |
|
Alaska |
|
72 hours |
$1,500 |
90 days (restricted license possible after 30 days) |
Yes |
|
Arizona |
|
24 hours |
$250 |
90 days (restricted license possible) |
Yes |
|
Arkansas |
|
24 hours (possibility of community service instead) |
$150 |
Six months (restricted license possible) |
Yes |
|
California |
|
96 hours (probation possible in lieu of jail time) |
$390 |
Four-month administrative and/or six-month criminal suspension |
Yes |
|
Colorado |
|
Five days |
$600 |
90-day administrative suspension and/or nine-month criminal |
Yes |
|
Connecticut |
|
Two days (or 100 hours of community service) |
$500 |
45 days |
Yes |
|
Delaware |
|
12-month maximum |
$500 |
Three-month administrative suspension and/or 12 to 24-month criminal suspension based on BAC |
Yes |
|
D.C. |
|
180-day maximum |
$500 |
Six months |
No |
|
Florida |
|
Eight hours in custody |
$500 |
Six months |
Yes |
|
Georgia |
|
24 hours |
$300 |
One year (restricted license possible) |
Yes |
|
Hawaii |
|
48 hours |
$150 |
90 days |
Yes |
|
Idaho |
|
Six-month maximum |
$1,000 maximum |
90 days with a restricted license possible after 30 days |
Yes |
|
Illinois |
|
Five days (or 240 hours of community service) |
$750 |
Six-month administrative suspension and/or one-year criminal suspension (restricted license possible) |
Yes |
|
Indiana |
|
60-day maximum |
$500 maximum |
180-day administrative license suspension with restricted license possible |
N/A |
|
Iowa |
|
48 hours |
$1,250 |
180 days |
Yes |
|
Kansas |
|
48 hours (mandatory minimum) |
$750 |
30 days |
Yes |
|
Kentucky |
|
Two to 30 days |
$200 to $500 |
30 to 120 days |
Yes |
|
Louisiana |
|
10 days (mandatory minimum) |
$300 to $1,000 |
90 days |
Yes |
|
Maine |
|
48 hours |
$500 |
150 days |
Yes |
|
Maryland |
|
Up to one year |
$1,000 |
Six months |
Yes |
|
Massachusetts |
|
Up to two and a half years |
$500 to $5,000 |
One year |
Yes |
|
Michigan |
|
Up to 93 days |
$100 to $500 |
30 to 180 days |
Yes |
|
Minnesota |
|
Up to 90 days |
$1,000 |
90 days |
Yes |
|
Mississippi |
|
48 hours |
$250 to $1,000 |
90 days |
Yes |
|
Missouri |
|
Up to six months |
$500 |
30 days |
Yes |
|
Montana |
|
24 hours |
$600 |
Six months |
Yes |
|
Nebraska |
|
Up to 60 days |
$500 |
Six to 18 months |
Yes |
|
Nevada |
|
Two days to six months |
$400 to $1,000 |
90 to 185 days |
Yes |
|
New Hampshire |
|
Up to 180 days |
$500 to $1,200 |
Nine months |
Yes |
|
New Jersey |
|
12 hours |
$250 to $500 |
Three months to one year |
Yes |
|
New Mexico |
|
Up to 90 days |
$500 to $1,000 |
Six months to one year |
Yes |
|
New York |
|
Up to one year |
$500 to $1,000 |
Six months to one year |
Yes |
|
North Carolina |
|
24 hours |
$200 to $1,000 |
30 days |
Yes |
|
North Dakota |
|
Two to 30 days |
$500 to $1,500 |
91 to 180 days |
Yes |
|
Ohio |
|
Three days to six months |
$375 to $1,075 |
One year |
Yes |
|
Oklahoma |
|
Five days to one year |
$1,000 to $5,000 |
Six months to three years |
Yes |
|
Oregon |
|
48 hours |
$1,000 |
One year |
Yes |
|
Pennsylvania |
|
Up to six months |
$300 to $5,000 |
12 to 18 months |
Yes |
|
Rhode Island |
|
Up to one year |
$100 to $500 |
30 to 180 days |
Yes |
|
South Carolina |
|
Up to 30 days |
$400 to $1,000 |
Six-months |
Yes |
|
South Dakota |
|
Up to one year |
$2,000 |
30 days to one year |
Yes |
|
Tennessee |
|
48 hours |
$350 to $1,500 |
One year |
Yes |
|
Texas |
|
Three to 180 days |
$2,000 |
90 days to two years |
Yes |
|
Utah |
|
48 hours |
$700 |
120 days |
Yes |
|
Vermont |
|
96 hours |
$750 |
90 days |
Yes |
|
Virginia |
|
Five days to 12 months |
$250 to $2,500 |
One year |
Yes |
|
Washington |
|
One to 364 days |
$350 to $5,000 |
90 days to one year |
Yes |
|
West Virginia |
|
24 hours to six months |
$100 to $1,000 |
15 to 45 days |
Yes |
|
Wisconsin |
|
Up to six months |
$150 to $300 |
Six to nine months |
Yes |
|
Wyoming |
|
Up to six months |
$750 to $1,000 |
90 days to one year |
Yes |
How DUI Impacts Car Insurance Rates
Insurance companies use a variety of factors to determine premiums, and a DUI conviction typically results in higher rates due to the increased risk associated with impaired driving.
Here's how a DUI can impact car insurance rates:
- Rate Increase: One of the most immediate consequences of a DUI conviction is a substantial increase in your car insurance rates. The exact increase can vary depending on your location, insurance company, and individual circumstances, but it's not uncommon for rates to double or even triple.
- High-Risk Classification: Insurance companies classify drivers into risk categories, and a DUI conviction often moves you into a high-risk category. High-risk drivers are considered more likely to file claims, so insurers charge them higher premiums to compensate for that risk.
- SR-22 Requirement: In many states, individuals convicted of DUI are required to obtain an SR-22 certificate, which is a form that proves they have the necessary insurance coverage to meet state requirements. This requirement often extends for a specified period, such as several years, after a DUI conviction. During this time, you'll continue to pay higher insurance rates. It's worth noting that insurance companies typically charge an additional fee for filing an SR-22, further increasing the overall cost of coverage.
- Loss of Discounts: A DUI conviction may result in the loss of any safe driver discounts or other discounts you were receiving on your insurance policy. This can add to the overall increase in premium costs.
- Policy Cancellation or Non-Renewal: Some insurance companies may choose to cancel your policy or not renew it when they discover a DUI conviction. If this happens, you'll likely have to seek coverage from a high-risk insurance provider, which can be even more expensive.
- Limited Coverage Options: High-risk drivers often have limited options for insurance coverage. Not all insurers are willing to provide coverage to drivers with DUI convictions, which can further limit your choices and potentially result in higher costs.
- Long-Term Impact: A DUI conviction typically remains on your driving record for three to five years on average, and insurance companies may continue to factor it into their rate calculations during that time.
How to Reduce DUI/DWI Impact on Car Insurance Rates?
To mitigate the financial impact of a DUI on your car insurance rates, you can explore the following options:
- Shop for Quotes: It's key to shop around for car insurance quotes from multiple providers. Rates can vary significantly between companies, so obtaining multiple quotes can help you find the most affordable coverage.
- Defensive Driving Courses: Some insurance companies offer discounts ranging from 10% to 20% to drivers who complete approved defensive driving or safe driving courses. Completing one of these courses may help offset the rate increase.
- Maintain a Clean Record: Avoid further traffic violations and DUI convictions, as additional offenses will only lead to higher rates and more significant difficulties in finding affordable coverage.
- Getting an Attorney: Hiring an experienced DUI attorney can help you navigate the legal process more effectively. They may be able to negotiate for reduced charges or penalties, which can ultimately affect your insurance rates. An attorney can also guide you on how to handle your case to minimize its impact on your driving record.
- Attending Drug/Alcohol Treatment/Classes: Completing drug or alcohol treatment programs or attending classes can demonstrate to your insurance company that you are taking steps to address the underlying issues that led to the DUI. This proactive approach may be viewed positively and could potentially lead to lower insurance rates.
- Increasing Deductible: You can consider raising your deductible on your car insurance policy. A higher deductible means you'll pay more out of pocket in the event of an accident, but it can lead to lower monthly premiums. However, be sure to choose a deductible that you can comfortably afford to pay if needed.
Bottom Line
The differences between DWI vs. DUI, whether in terminology or legal consequences, underscore the importance of knowing the laws in your jurisdiction. A DUI or DWI conviction can have far-reaching implications, from increased insurance rates to potential legal penalties.
By staying informed and making responsible choices on the road, individuals can reduce the risk of encountering these challenges.
FAQ
Find quick answers to your burning questions about the differences, legal consequences, and practical solutions related to DWI and DUI offenses below.
How Long Does a DWI or DUI Conviction Stay on Your Record?
The duration that a DWI or DUI conviction stays on your record varies by state. Typically, it remains on your driving record for several years, ranging from three to ten years. It can also affect your insurance rates during this time.
Can I Get Car Insurance After a DWI or DUI Conviction?
Yes, you can still get car insurance after a DWI or DUI conviction, but it will likely be more expensive. You may need to seek coverage from a high-risk insurance provider.
What Kind of Car Insurance Do I Need After a DUI or DWI Conviction?
After a DUI or DWI conviction, obtaining car insurance can be a challenging task, as many insurance companies view you as a high-risk driver. However, maintaining car insurance is still necessary.
One coverage option is liability-only car insurance. This type of insurance covers the damage you may cause to others but does not cover damage to your own vehicle. It is the minimum coverage required by law in many states and is generally more affordable.
In addition, you may be required to file an SR-22 or FR-44 form with your state's Department of Motor Vehicles (DMV). This form is a certificate of financial responsibility that proves you have the minimum required insurance coverage. The SR-22 or FR-44 is typically required for a certain period after a DUI or DWI conviction, and your insurance company can help you file this form.
It's highly advisable to compare car insurance quotes from various providers to find the most affordable and suitable coverage for your needs. Each insurance company evaluates risk differently, so the rates and availability of coverage can vary significantly.
Are There Ways to Reduce the Impact of a DWI or DUI on Car Insurance Rates?
While rates will generally be higher after a DWI or DUI conviction, you can explore options like shopping for quotes from multiple providers, completing defensive driving courses, and maintaining a clean driving record to potentially offset some of the rate increases.
Should I Hire an Attorney if I’m Charged with DWI or DUI?
It is highly advisable to consult with an attorney if you are charged with DWI or DUI. An experienced attorney can help you understand your rights, build a defense strategy, and navigate the legal process to potentially reduce or mitigate the consequences of the charges.
Sources
- U.S. News. “SR-22.” Accessed Oct. 10, 2023.
- Defensive Driving. “How Much Can You Save on Insurance with Defensive Driving?” Accessed Oct. 10, 2023.
- Forbes. “DUI Vs. DWI: What’s The Difference?” Accessed Oct. 10, 2023.
- The Zebra. “California Car Insurance with a DUI.” Accessed Oct. 10, 2023.
