DWI vs. DUI: Why It’s Important to Know the Difference

Driving while you’re drinking alcohol or using drugs is extremely dangerous and can cause fatal accidents. You can also face harsh consequences, such as fines, time in jail, or having your driving license suspended or revoked. Your auto insurance rates will also go up.

Keep reading to learn the difference between the DWI vs. DUI meaning, and how the states use the terms to charge drivers and set penalties.

If you’re searching for auto insurance after a DUI, enter your ZIP code into our free quote comparison tool below to get quotes from companies near you.

DWI vs. DUI: What’s the difference?

DWI and DUI are similar but not the same. DWI stands for driving while intoxicated or impaired, while DUI stands for driving under the influence. “Under the influence” typically refers to the use of alcohol or drugs, including prescription drugs or over-the-counter medications if they are causing impairment.

Some states also use OWI or OUI, which stands for “operating while intoxicated or impaired” and “operating under the influence”, respectively.

The specific definitions of DWI vs. DUI will depend on the state. Some states will only use one term for all charges, while others may use both. The consequences for each of these infractions may differ by state as well.

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State by State DWI vs. DUI Definitions

In many cases, states will charge a driver with a DUI if their blood-alcohol content (BAC) level is higher than 0.08%. If a driver’s BAC level is more than 0.15%, this could significantly increase the penalties. In addition to fines and mandatory jail time, the consequences for DWI and DUIs are often license suspension, license revocation, and alcohol education or treatment.

Let’s take a look at the definitions and penalties for a variety of US states:

• DWI vs. DUI Arkansas: Uses DUI and DWI terminology
  • First offense: Up to $1,000 fine, up to a year in jail, license suspended for six months, and alcohol treatment
  • Second offense: Up to $3,000 fine, up to a year in jail, license suspended for two years, and alcohol treatment
  • Third offense: Maximum penalty and considered a felony
• DWI vs. DUI Colorado: Uses DUI terminology
  • First offense: Up to $1,000 fine, up to a year in jail, license suspended for nine months, community service, and points on your driving record
  • Second offense: Up to $1,500 fine, up to a year in jail, license suspended for one year, community service, and points on your driving record
  • Third offense: Up to $1,500 fine, up to a year in jail, license suspended for two years, community service, and points on your driving record
• DWI vs. DUI Idaho: Uses DUI terminology
  • First offense: Minimum $1,000 fine, up to a year in jail, and license suspended for three months
  • Second offense: Minimum $2,000 fine, up to five years in jail, and license suspended for one year
  • Third offense: Up to $5,000 fine, up to 10 years in jail, and license suspended for up to five years
• DWI vs. DUI Illinois: Uses DUI terminology
  • First offense: Up to $2,500 fine, up to a year in jail, license suspended for one year, and community service
  • Second offense: Up to $2,500 fine, up to a year in jail, license suspended for five years, and community service
  • Third offense: Up to $25,000 fine, up to seven years in jail, license suspended for ten years, and community service
• DWI vs. DUI New York: Uses DUI terminology
  • First offense: Up to $2,500 fine, up to a year in jail, and license suspended for at least a year
  • Second offense: Up to $5,000 fine, up to four years in jail, and license suspended for at least 18 months
  • Third offense: Up to $10,000 fine, up to seven years in jail, and license suspended for at least 19 months
• DWI vs. DUI North Carolina: Uses DUI and DWI terminology
  • All offenses are BAC level-based
• DWI vs. DUI Virginia: Uses DUI and DWI terminology
  • First offense: Up to $2,500 fine, up to a year in jail, and license suspended for a year
  • Second offense: Up to $2,500 fine, up to a year in jail, and license suspended for three years
  • Third offense: Up to $2,500 fine, up to 180 days in jail, and license suspended indefinitely

All the states vary in their laws. The state may also have differing BAC level requirements, so even though most states consider a BAC of 0.08% as impaired, others may consider a BAC of 0.05% as impaired.

How does a DWI or DUI affect auto insurance rates?

In addition to the consequences listed above, you may also see an increase in your auto insurance rates. Let’s look at the average annual auto insurance rates after one DUI:

Compared to drivers with a clean record, drivers with at least one DUI could pay up to double the amount on auto insurance, depending on which auto insurance company they choose.

Compared to drivers with a clean record, drivers with at least one DUI could pay a rate increase of up to double the amount on auto insurance, depending on which auto insurance company they choose.

After a DUI, you will likely be labeled as a high-risk driver. Some high-risk drivers have to provide their state with an SR-22 form, which is a form that proves that the driver has the proper auto insurance. If you are required to have SR-22 insurance, your auto insurance rates may increase.

How do insurance companies find out about a DUI?

Your insurer may find out about your DUI convictions when they’re renewing your policy. They usually check your driving record at that time, and the record shows recent DUI convictions. If you don’t tell your insurance company about a drunk driving conviction, they won’t be able to raise your rates, but they might drop you altogether.

The best thing you could do is be honest with the insurance company because you might need to ask them to file an SR- 22 or FR-44 form for you. You must complete these forms to prove you have the state’s minimum liability car insurance, and if you want to keep your license.

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The Bottom Line

If you get caught drunk driving, you could be fined and lose your license for up to 5 years. Whether the charge is for DUI or DWI, you may need to get an SR-20 form from an insurance company to regain your driving privileges if you’re convicted of a moving violation.

Rates go up because a driver convicted of driving under the influence typically poses a greater risk. Your insurer will find out about your situation through your state’s department of motor vehicles (DMV) and your driving record, so we advise you to get out ahead of things and alert your auto insurance company.

You could end up paying twice as much for coverage, often more on average, we found a single DUI raised car insurance premiums by 72%.

Enter your ZIP code into our free quote comparison tool below to find an auto insurance company for drivers with a DUI.

1. https://www.forbes.com/advisor/car-insurance/dui-vs-dwi/

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