Car Insurance

What’s the difference between DUI and DWI?

1
KatarzynaBialasiewicz/Getty Images
Written by
Carly Severino
  • /
  • 3 min read
  • /
  • 3 min read
Bankrate Logo

Why you can trust Bankrate

While we adhere to strict , this post may contain references to products from our partners. Here's an explanation for .

Bankrate Logo

Why you can trust Bankrate

Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. We’ve maintained this reputation for over four decades by demystifying the financial decision-making process and giving people confidence in which actions to take next.

Bankrate follows a strict editorial policy, so you can trust that we’re putting your interests first. All of our content is authored by highly qualified professionals and reviewed by subject matter experts, who ensure everything we publish is objective, accurate and worthy of your trust.

Our insurance team is composed of agents, data analysts, and customers like you. They focus on the points consumers care about most — price, customer service, policy features and savings opportunities — so you can feel confident about which provider is right for you.

  • We guide you throughout your search and help you understand your coverage options.
  • We provide up-to-date, reliable market information to help you make confident decisions.
  • We reduce industry jargon so you get the clearest form of information possible.

All providers discussed on our site are vetted based on the value they provide. And we constantly review our criteria to ensure we’re putting accuracy first.

Bankrate Logo

Editorial Integrity

Bankrate follows a strict editorial policy, so you can trust that we’re putting your interests first. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions.

Key Principles

We value your trust. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. Our editors and reporters thoroughly fact-check editorial content to ensure the information you’re reading is accurate. We maintain a firewall between our advertisers and our editorial team. Our editorial team does not receive direct compensation from our advertisers.

Editorial Independence

Bankrate’s editorial team writes on behalf of YOU – the reader. Our goal is to give you the best advice to help you make smart personal finance decisions. We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. Our editorial team receives no direct compensation from advertisers, and our content is thoroughly fact-checked to ensure accuracy. So, whether you’re reading an article or a review, you can trust that you’re getting credible and dependable information.

Bankrate Logo

How We Make Money

You have money questions. Bankrate has answers. Our experts have been helping you master your money for over four decades. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout life’s financial journey.

Bankrate follows a strict editorial policy, so you can trust that our content is honest and accurate. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. The content created by our editorial staff is objective, factual, and not influenced by our advertisers.

We’re transparent about how we are able to bring quality content, competitive rates, and useful tools to you by explaining how we make money.

Bankrate.com is an independent, advertising-supported publisher and comparison service. We are compensated in exchange for placement of sponsored products and, services, or by you clicking on certain links posted on our site. Therefore, this compensation may impact how, where and in what order products appear within listing categories. Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service.

Every two hours, three people are killed in an alcohol-related highway accident. Even more sobering: Among major crimes, DUIs and DWIs had one of the highest arrest rates in 2010, the most recent year for which data is available with more than 1.4 million arrests.

Whether you’ve received a DUI or a DWI, the damage to your driving record will likely be the same. However, there are key differences between what a DUI and DWI are and how different states view these violations depending on which appears on your record.

Defining DUI and DWI

DUIs and DWIs have slightly different meanings: A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired. With a DUI, the charge could mean that the driver was driving under the influence of alcohol or drugs. It’s important to note that the drugs do not need to be illicit — prescription drugs and over-the-counter drugs can also lead to a DUI charge if the person becomes impaired as a result of taking them.

Whether you’re charged with a DUI or a DWI, the charge only arises in a situation where a law enforcement officer has reason to believe that you were too impaired to drive. That may be because you failed a field sobriety test or a breathalyzer test – or could even be because you were too sleepy to drive safely.

While the differences in terminology may seem like a game of semantics, the real differences between these two charges are ultimately determined by the state in which the incident occurred. DUI and DWI cases vary from state to state. In fact, some states use different terminology entirely to charge an individual who has operated a motor vehicle while intoxicated.

OUI vs. OWI

In some states, drivers may be charged with either an OUI or OWI. An OUI means operating under the influence of intoxicating liquor while an OWI means operating while intoxicated. Currently, there are five states that use such terminology when charging drivers with related offenses:

  • Indiana: OWI
  • Iowa: OWI
  • Maine: OUI
  • Massachusetts: OUI
  • Michigan: OWI

State-by-state Differences

The ramifications for receiving a DUI or DWI vary from state to state. In fact, the legal limit for intoxication can be significantly different depending on the state in which you live. For example, while most states will issue a DUI charge if the driver has a blood-alcohol content (BAC) level higher than 0.08%, Utah will issue a DUI if the driver’s BAC is higher than 0.05%. Additionally, in many states, penalties can increase if your BAC is at least 0.15%.

In many cases, a DUI or DWI offense will result in license suspension and mandatory alcohol education and treatment. License suspension terms vary depending on the state in which you live and whether or not it’s your first, second or third offense. For example, if you receive a DUI in Alaska and it’s your first offense, you’ll receive a 90-day suspension while in Connecticut, the same charge will result in a one-year license suspension. Depending on where you live, you may even have your vehicle confiscated or an ignition interlock device installed.

Will DUIs and DWIs Impact My Insurance Rates?

After you receive a DUI or DWI, your insurance rates will inevitably increase – and in some cases you may be dropped from your policy entirely. How much your insurance premium increases largely depends on your insurance carrier. For example, Progressive accepts DUI drivers and only raises insurance rates by a nationwide average of 13%. However, in most cases your insurance rates will double or triple in price compared to what they were before.

Depending on your insurance carrier and/or your state’s requirements, you may be required to obtain an SR-22 after getting a DUI or DWI. An SR-22 is a certificate of financial responsibility that illustrates that you meet your state’s current car insurance requirements and will continue to do so for a set period of time (typically three years). These are usually required when drivers are seeking to reinstate their suspended license after being charged with a DUI or DWI.

Frequently Asked Questions

Will I go to jail if I receive a DUI or DWI?

It depends on the state in which you live. Pennsylvania drivers convicted of a DUI or DWI won’t receive any jail time while just two states over, in Vermont, convicted drivers can spend up to two years in jail. If you’ve recently been charged with a DUI or DWI, refer to your state’s laws to understand what penalties you may incur.

How long do DUIs and DWIs stay on your driving record?

Again, this depends on the state in which the offense occurred. In most cases, a DUI or DWI will remain on your driving record for three to five years. However, in stricter states — such as California — the offense may stay on your record for 10 years.

What’s the legal limit for blood-alcohol content?

The federal legal limit for blood-alcohol content (BAC) is 0.08%. However, it’s important to note that if you’re under the age of 21, you will face serious penalties if you have a BAC of even 0.01% – no matter what your state’s laws are.

What happens if I fail a breathalyzer test?

If you fail a breathalyzer test you will be charged with a DUI or DWI. But you can also be charged if you pass the breathalyzer test and fail a field sobriety test.

Written by
Carly Severino
Insurance Contributor
Carly Severino has two years of experience in writing for insurance domains such as Bankrate.com, Coverage.com, Reviews.com and TheSimpleDollar.com. She has experience covering a broad range of insurance products, including homeowners, life, auto, and medical insurance. Her expertise has also been called upon in the development of various websites for insurance companies, including Birtwhistle & Livingston, Inc., GovTech Insurance and Tax Title Services.

You may also like