DUI vs. DWI: What’s the difference?

Key points

• Driving while intoxicated (DWI) and driving under the influence (DUI) are similar terms, but definitions and repercussions for DUI vs. DWI vary by state.
• Penalties for driving infractions involving alcohol and drugs can include a fine, jail time, license suspension, limited driving privileges and ignition interlock programs.
• After a single DUI or DWI, drivers should expect significantly higher car insurance rates.

You should never get behind the wheel after you’ve been drinking. You could hurt yourself or someone else and face legal repercussions if you’re caught and charged with driving under the influence (DUI) or while intoxicated (DWI). Either violation will go on your driving record, and from a financial standpoint, you could be facing significant fines and higher car insurance rates.

DUI vs. DWI 

DUI and DWI charges are both related to driving a vehicle after consuming drugs or alcohol, but their definitions vary by state.

Generally speaking, these are the differences: 

• DUI signifies a driver was behind the wheel while they were under the influence of drugs or alcohol, and had enough of the substance in their system to be detected. 
• DWI may indicate a driver was intoxicated while they were operating their vehicle. 

In states that view DUIs and DWI as different offenses, the distinction between “intoxication” and “under the influence” is sometimes determined by a driver’s blood alcohol concentration (BAC) when they are arrested.

Some states or jurisdictions may use terms such as “operating under the influence” (OUI) or “operating while intoxicated” (OWI) interchangeably or instead of DUI or DWI. For example, OWI is often used in Iowa, Indiana and Wisconsin, while OUI is often used in Alaska, Connecticut, Massachusetts and Maine.

Other states may rely on other definitions to define and subsequently charge individuals for driving while under the influence or impaired. See your state’s Department of Motor Vehicles or equivalent department to determine the language and differentiating factors used by your state. 

How DWI vs. DUI laws can vary by state

The circumstances that lead to a DUI, DWI or similar charge are essentially the same — a driver is under the influence or impaired by drugs or alcohol — but the definitions of these charges as well as the punishments can vary by state. 

Some states use DUI and DWI interchangeably, with each representing an offense in which the driver had a BAC over the legal limit, generally 0.08.  

Other states set specific BACs to determine whether a driver is charged with a DUI, DWI or similar infraction, such as driving while intoxicated (DWI) or driving while ability impaired (DWAI).  

For instance, in New York:  

• Driving while intoxicated (DWI) with a BAC of 0.08 or higher, or driving while impaired by a drug (DWAI/Drug) results in a $500 to $1,000 fine, a one-year maximum jail term and your license being revoked for at least six months. 
• Driving while ability impaired by alcohol (DWAI/Alcohol) with a BAC above 0.05 but less than 0.07 results in a $300 to $500 fine, a 15-day maximum jail sentence and a 90-day license suspension.

States also have different guidelines around penalties, including: 

• License suspension.
• Limited driving privileges, such as if you’re allowed to drive to and from work after a drunk driving offense.
• Ignition interlock programs, or the placement of a breathalyzer device to blow in before your car starts. In some states, you may be required to have an interlock system if you’re a repeat offender or if your BAC is over a certain limit when arrested, while others may require it regardless of those factors.

Penalties for alcohol and drug-related driving violations by state

Insurance rates with a DUI on your record

Traffic violations can cause your car insurance premiums to increase — and a DUI or DWI is no exception. 

The cost of car insurance after a DUI increases by around 70% on average, according to our analysis of rates.

By comparison, a speeding ticket will raise your insurance by 22% on average, and if you cause an accident resulting in property damage, your rates go up 39% on average. An at-fault accident resulting in bodily injuries can increase rates by an average of 42%. 

The difference goes to show how seriously insurers view a DUI or DWI infraction and how they use substantial rate increases to compensate for that risk.

Average car insurance rate increase after a DUI by state

How long does a DUI stay on a driver’s record?

How long a DUI stays on your driving record will depend on your state. For instance, in New York, a DWI can stay on your record for 15 years, while in Pennsylvania, a DUI stays on your driving record indefinitely. 

Even if you live in a state where a DUI or DWI stays on your record for five or more years, insurance companies typically only check the past three to five years of your driving history, though some insurers may check further back for serious convictions like a DUI.

DUI vs. DWI FAQs