DUI Vs DWI: What's the Difference?

A DUI (driving under the influence) and a DWI (driving while intoxicated) are criminal offenses involving the operation of a vehicle while under the effects of alcohol, drugs or both. Drugs can include so-called “street drugs,” prescription medication or over-the-counter medication. Some states see DUIs and DWIs as the same thing while others classify them as separate charges. Because of the variations in definition, DUI/DWI regulations and penalties will vary by state.

Keep reading to see what the DUI/DWI penalties are in your state, whether they affect your insurance and how you can get coverage if they do.

What Is a DUI?

DUI means driving under the influence and is a criminal offense that occurs when a person operates a motor vehicle while impaired by alcohol or drugs. The specific legal definitions of DUI vary from state to state, but generally, a person can be charged with a DUI if their blood alcohol content (BAC) is above a certain level while they are operating a motor vehicle. Legal limits for BAC will vary by state. The penalties for a DUI conviction can include fines, imprisonment, the loss of driving privileges and an increase in car insurance rates.

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What Is a DWI?

DWI refers to driving while intoxicated and, like a DUI, is a criminal offense that occurs when a driver is operating a vehicle while under the influence of some substance, like alcohol or drugs. Many states treat DWIs and DUIs as the same but may be separate charges in certain states.

DUI vs. DWI: Which Is Worse?

Whether a DUI is worse than a DWI is going to depend on whether your state sees the two offenses as the same or different. For states that conflate DUIs and DWIs, a DUI is often classified as the lesser offense. A DUI or DWI offense may show on your criminal record indefinitely.

DUI vs. DWI: State-by-State Comparison

The below table breaks down DUI and DWI offenses across all 50 states and the District of Columbia. Be sure to research the BAC legal limit for driving in your state, as well.

Alabama Penalties for DUI

First Offense	Second Offense
Imprisonment up to 1 year; or fine of $600-$2,100; or both	Imprisonment/hard labor: Up to 1 year
License suspension: 90 days	Fine: $1,100-$5,100
Ignition interlock device installed for 2 years	License revoked: 1 year
	Ignition interlock device installed for 2 years

Alaska Penalties for DUI

First Offense	Second Offense
Imprisonment: 72 hours	Imprisonment: 20 days
Fine: $1,500	Fine: $3,000
License revoked: 90 days	License revoked: 1 year
Ignition interlock device installed for 6 months	Ignition interlock device installed for 1 year

Arizona Penalties for DUI

First Offense	Second Offense
Minor:	Minor:
Imprisonment: 10 days + community service	Same as first minor offense
Fine: $1,250
Ignition interlock device installed + alcohol screening / education / treatment

Extreme:	Extreme:
Imprisonment: 30 days + community service	Imprisonment: 120 days min + community service
Fine: $2,500	Fine: $3,250
Ignition interlock device installed + alcohol screening / education / treatment	Ignition interlock device installed + alcohol screening / education / treatment

Arkansas Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 1 year
Fine: $150-$1,000	Fine: $400-$3,000
License suspended: 6 months	License suspended: 2 years
Ignition interlock device installed	Ignition interlock device installed

California Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 1 year
Fine: $390-$1,000	Fine: $390-$1,000
License suspended: 6 months; ignition interlock device can be installed in lieu of suspension	License suspended: 2 years; ignition interlock device can be installed in lieu of suspension

Colorado Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 6 months
Fine: $600-$1,000	Fine: $600-$1,500
License revoked: 9 months; Ignition interlock device can be installed in lieu of suspension	License suspended: Up to 1 year
	Ignition interlock device installed for 2 years

Connecticut Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 2 years
Fine: $500-$1,000	Fine: $1,000-$4,000
License suspended: 45 days	License suspended: 45 days
Ignition interlock device installed for 1 year	Ignition interlock device installed for 3 years

Delaware Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 18 months
Fine: $500-$1,500	Fine: $750-$2,500
License revoked: 1-2 years	License revoked: 30 months
Ignition interlock device installed	Ignition interlock device installed

District Of Columbia Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment up to 180 days; or fine of $1,000; or both	Imprisonment up to 1 year; or fine of $5,000; or both
License revoked: 6 months	License revoked: 1 year
Ignition interlock device installed	Ignition interlock device installed

Florida Penalties for DUI

First Offense	Second Offense
Imprisonment up to 6 months; or fine of $500-$1,000; or both	Imprisonment up to 9 months; or fine of $1,000-$2,000; or both
License revoked: 180 days-3 years	License revoked: 5 years minimum
Ignition interlock device installed for up to 6 months	Ignition interlock device installed for 1-2 years

Georgia Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment of 90 days to 1 year
Fine: $300-$1,000	Fine: $600-$1,000
License suspended: 1 year	License suspended: 3 years
Application for ignition interlock device available after 120 days	Application for ignition interlock device available after 120 days

Hawaii Penalties for DUI

First Offense	Second Offense
Imprisonment: 2 days minimum; or fine of $150-$1,000	Imprisonment: 2 days minimum; or fine of $150-$1,000
License suspended: 90 days	License suspended: 1 year

Idaho Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 1 year;
Fine: $1,000	Fine: $2,000
License suspended: 1 year	License suspended: 1 year
	Ignition interlock device installed

Illinois Penalties for DUI

First Offense	Second Offense
Community service: 100 hours-25 days	Imprisonment: Up to 5 days or community service for 240 hours
Fine: Up to $500-$2,500	Fine: Up to $1,250-$5,000
License revoked: 1-2 years	License revoked: 5 years

Indiana Penalties for DUI

First Offense	Second Offense
Possible imprisonment: Up to a year	Imprisonment: Up to 3 years
Fine: $5,000	Fine: $10,000
License suspended: Up to 2 years; or probation with substance abuse education course	License suspended: Up to 2 years

Iowa Penalties for DUI/OWI*

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 2 years
Fine: Up to $1,250	Fine: Up to $6,250
License possibly revoked: Up to 180 days	License revoked: Up to 2 years
Ignition interlock device installed	Ignition interlock device installed

Kansas Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 2 days	Imprisonment: Up to 1 year
Fine: Up to $1,000	Fine: Up to $1,750
License suspended: Up to 1 year	License suspended: Up to 1 year
Ignition interlock device installed up to 1 year	Ignition interlock device installed up to 1 year

Kentucky Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 30 days	Imprisonment: Up to 6 months
Fine: Up to $500	Fine: Up to $500
License suspended: Up to 120 days	License suspended: Up 18 months

Louisiana Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 6 months
Fine: Up to $1,000	Fine: Up to $1,000
Possible license suspension: Up to 1 year	Possible license suspension Up to 2 years
Option to have ignition interlock device	Option to have ignition interlock device

Maine Penalties for DUI/OUI

First Offense	Second Offense
Fine: Up to $500	Imprisonment: Up to 7 days
License suspended: 150 days	Fine: $700
Option to have ignition interlock device	License suspended: 3 years

Maryland Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 2 years
Fine: Up to $1,000	Fine: Up to $2,000
Possible license suspension: Up to 6 months	Possible license revocation: Up to 1 year
Possible ignition interlock device installed	Possible ignition interlock device installed

Massachusetts Penalties for DUI/OUI

First Offense	Second Offense
Imprisonment: Up to 25 years	Imprisonment: Up to 25 years
Fine: Up to $5,000	Fine: Up to $10,000
License suspended: Up to 1 year	License suspended: Up to 2 years
	Ignition interlock device installed for hardship license

Michigan Penalties for DUI/OWI

First Offense	Second Offense
Imprisonment: Up to 93 days	Imprisonment: Up to 1 year
Fine: Up to $500	Fine: Up to $1,000
Possible ignition interlock device installed	Possible ignition interlock device installed

Minnesota Penalties for DUI

First Offense	Second Offense
Imprisonment up to 1 year; or fine up to $3,000; or both	Same as first offense

Mississippi Penalties for DUI

First Offense	Second Offense
Imprisonment up to 2 days; or fine up to $1,000; or both	Imprisonment: Up to 1 year
License suspended: Up to 90 days	Fine: Up to $1,500
Ignition interlock device installed after 90 days	License suspended: 45 days
	Ignition interlock device installed if vehicle is necessary for livelihood

Missouri Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 1 year
Fine: Up to $1,000	Fine: Up to $2,000

Montana Penalties for DUI

First Offense	Second Offense
Imprisonment over 1 year	Imprisonment over 1 year
Fine: Up to $2,000	Fine: Up to $4,000
Ignition interlock device may be required	Ignition interlock device may be required

Nebraska Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 60 days	Imprisonment: Up to 6 months
Fine: Up to $500	Fine: Up to $500
License revoked: 6 months	License revoked: 18 months
Ignition interlock device required	Ignition interlock device required after 45 days

Nevada Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 6 months
Fine: Up to $1,000	Fine: Up to $1,000
License revoked or ignition interlock device required	License revoked or ignition interlock device required

New Hampshire Penalties for DUI/DWI

First Offense	Second Offense
Fine: Up to $1,200	Imprisonment: Up to 1 year
License revoked: Up to 25 years	Fine: Up to $2,000
	License revoked: Up to 3 years

New Jersey Penalties for DWI

First Offense	Second Offense
Imprisonment: Up to 30 days	Imprisonment: Up to 30 days
Fine: Up to $400	Fine: Up to $500
License suspended until ignition interlock device installed (required for 3 months)	License suspended until ignition interlock device installed (required for up to 1 year)

New Mexico Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 90 days	Imprisonment: Up to 1 year
Fine: Up to $500	Fine: Up to $1,000
License revoked ignition interlock device installed 1 year	Ignition interlock device installed for 2 years

New York Penalties for DUI

First Offense	Second Offense
Fine: Up to $500	Imprisonment: Up to 90 days
License suspended: 90 days	Fine: Up to $750
	License revoked: 6 months

North Carolina Penalties for DWI

First Offense	Second Offense
Varies	Varies

North Dakota Penalties for DUI

First Offense	Second Offense
Imprisonment: 2 days	Imprisonment: 10 days
Fine: Up to $750	Fine: Up to $1,500
License suspended: Up to 180 days	License suspended: 2 years

Ohio Penalties for DUI/OVI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 6 months
Fine: Up to $1,075	Fine: Up to $1,625
License suspended: Up to 3 years	License suspended: Up to 7 years

Oklahoma Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 5 years
Fine: Up to $1,000	Fine: Up to $2,500
Possible ignition interlock device installed	Possible ignition interlock device installed

Oregon Penalties for DUI/DWI

First Offense	Second Offense
Fine: $1,000 minimum	Fine: $1,500 minimum
License suspended: 90 days	License suspended: 1 year

Pennsylvania Penalties for DUI

First Offense	Second Offense
Probation: 6 months	Imprisonment: Up to 6 months
Fine: $300	Fine: Up to $2,500
	License suspended: 1 year

Rhode Island Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 1 year
Fine: Up to $500	Fine: Up to $1,000
Possible license suspension: Up to 18 months	Possible license suspension: Up to 2 years
	Ignition interlock device required

South Carolina Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment up to 30 days; or fine of $400; or both	Imprisonment up to 30 days; or fine of $500; or both
License suspended: 6 months	License suspended: Potentially indefinitely
	Ignition interlock device required

South Dakota Penalties for DUI

First Offense	Second Offense
Imprisonment up to 1 year; or Fine up to $2,000; or both	Imprisonment up to 1 year; or fine up to $2,000; or both
License revoked: Up to 1 year	License revoked: Up to 1 year

Tennessee Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 11 months and 29 days	Imprisonment: Up to 11 months and 29 days
Fine: Up to $1,500	Fine: Up to $3,500
License suspended: 1 year	License suspended: 2 years
Ignition interlock device may be required	Ignition interlock device installed for 1 year

Texas Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 180 days	Imprisonment: Up to 1 year
Fine: Up to $2,000	Fine: Up to $4,000
License suspended: Up to 1 year	License suspended: Up to 2 years

Utah Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 180 days	Imprisonment: Up to 180 days
Fine: $1,310 minimum	Fine: $1,560 minimum
License suspended: 120 days	License suspended: 2 years
	Ignition interlock device required for 2 years

Vermont Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 2 years	Imprisonment: Up to 2 years
Fine: $750 minimum	Fine: $1,500 minimum
License suspended: 90 days minimum	License suspended: 18 months

Virginia Penalties for DUI

First Offense	Second Offense
Fine: $250 minimum	Possible imprisonment: Up to 1 year
License revoked: 1 year	Fine: $250 min
Ignition interlock device required	License revoked: 3 years
	Ignition interlock device required

Washington Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 1 year	Imprisonment: Up to 1 year
Fine: Up to $5,000	Fine: Up to $5,000
License suspended: 90 days min	License suspended: 2 years min
Ignition interlock device installed for 1 year	Ignition interlock device installed for 5 years

West Virginia Penalties for DUI/DWI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 1 year
Fine: Up to $500	Fine: Up to $3,000
License suspended: 6 months	License suspended: Up to 10 years

Wisconsin Penalties for DUI

First Offense	Second Offense
Fine: Up to $300	Imprisonment: Up to 6 months
License suspended: Up to 9 months	Fine: Up to $1,100
Ignition interlock device installed for 1 year	License suspended: Up to 18 months
	Ignition interlock device installed up to 18 months

Wyoming Penalties for DUI

First Offense	Second Offense
Imprisonment: Up to 6 months	Imprisonment: Up to 6 months
Fine: $750	Fine: $750
License suspended: 90 days	License suspended: 1 year
Ignition interlock device may be required	Ignition interlock device may be required

*OWI = “operating while intoxicated”

Find Auto Insurance Even With a DUI Conviction

Do DUIs and DWIs Impact Car Insurance Rates?

A DUI or DWI will impact your auto insurance rates because insurance companies classify drivers with DUI/DWI convictions as high-risk. As a result, they will charge higher premiums for car insurance. Depending on your situation, you may be required to file form SR-22 after a DWI or DUI charge, which can require you to buy higher liability limits.

In some cases, an insurer may even choose to cancel your policy or refuse to renew it if you have a recent DUI or DWI conviction.

Along with higher car insurance rates, driving under the influence can affect the lives of others. From 2017 to 2019, deaths from DUIs were falling. Once COVID hit, they shot back up to unprecedented figures. The table below breaks down the numbers.

dui fatalities between 2017 to 2020 in line graph

How Long Will My Insurance be Affected by a DUI or DWI?

How long your insurance is impacted by a DUI or DWI will depend on your insurance company and if the conviction is on your driving record. Drunk or drugged driving charges may take up to 10 years to fall off your driving record. Fortunately, insurance companies may only be able to access a limited version of your permanent driving record when calculating premiums — the most recent three years, for instance. While a DUI and DWI charges can elevate your premiums for several years, it may not be as long as you think.

How Do You Get Insurance for a High-Risk Driver?

High-risk drivers can get coverage by getting a non-standard auto policy. The price you’ll pay for a non-standard insurance plan will differ from one carrier to another. Below are a number of providers offering non-standard policies so even those with a bad driving history can obtain the coverage they need:

Bristol West
Direct Auto Insurance
Founders Insurance
The General
Infinity
National General
Titan

Dairyland
Foremost
GAINSCO
Hallmark
Kemper Auto Insurance
Safe Auto

Get Personalized Car Insurance Quotes Here

FAQs

Can you get car insurance after a DUI or DWI?

You can get insurance after a DUI or DWI, but you will be paying much higher premiums. If you have trouble finding a provider who is willing to give you car insurance, find a carrier who specializes in non-standard auto coverage.

Can you go to jail for a DUI or DWI?

In several states, a DWI or DUI charge can result in jail time. However, you may be able to forgo being locked up and instead do community service, pay a fine or both.

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

The length of time a DUI or DWI stays on your record will depend on your state’s laws. You may have to wait up to 10 years before a DUI or DWI falls off.

Key Takeaways

A DUI (driving under the influence) and a DWI (driving while intoxicated) are criminal offenses that refer to an individual who operates a vehicle while being inhibited by alcohol, drugs or both.
Some states see DUIs and DWIs as the same thing while others view them as separate charges.
Penalties for a DUI or DWI will differ depending on the state.
A DUI or DWI may show on your criminal record indefinitely.

High-risk drivers need insurance at a lower cost. Enter your zip code below or call 855.214.2291 to compare multiple companies and receive free auto insurance quotes in minutes.

What’s the Difference Between a DUI and a DWI?

Derek San Filippo

Dan Marticio

On This Page

What Is a DUI?

Get Personalized Car Insurance Quotes Here

What Is a DWI?

DUI vs. DWI: Which Is Worse?

DUI vs. DWI: State-by-State Comparison

Alabama Penalties for DUI

Alaska Penalties for DUI

Arizona Penalties for DUI

Arkansas Penalties for DUI/DWI

California Penalties for DUI

Colorado Penalties for DUI

Connecticut Penalties for DUI

Delaware Penalties for DUI

District Of Columbia Penalties for DUI/DWI

Florida Penalties for DUI

Georgia Penalties for DUI

Hawaii Penalties for DUI

Idaho Penalties for DUI

Illinois Penalties for DUI

Indiana Penalties for DUI

Iowa Penalties for DUI/OWI*

Kansas Penalties for DUI

Kentucky Penalties for DUI

Louisiana Penalties for DUI/DWI

Maine Penalties for DUI/OUI

Maryland Penalties for DUI

Massachusetts Penalties for DUI/OUI

Michigan Penalties for DUI/OWI

Minnesota Penalties for DUI

Mississippi Penalties for DUI

Missouri Penalties for DUI/DWI

Montana Penalties for DUI

Nebraska Penalties for DUI

Nevada Penalties for DUI

New Hampshire Penalties for DUI/DWI

New Jersey Penalties for DWI

New Mexico Penalties for DUI/DWI

New York Penalties for DUI

North Carolina Penalties for DWI

North Dakota Penalties for DUI

Ohio Penalties for DUI/OVI

Oklahoma Penalties for DUI

Oregon Penalties for DUI/DWI

Pennsylvania Penalties for DUI

Rhode Island Penalties for DUI

South Carolina Penalties for DUI/DWI

South Dakota Penalties for DUI

Tennessee Penalties for DUI

Texas Penalties for DUI/DWI

Utah Penalties for DUI

Vermont Penalties for DUI/DWI

Virginia Penalties for DUI

Washington Penalties for DUI/DWI

West Virginia Penalties for DUI/DWI

Wisconsin Penalties for DUI

Wyoming Penalties for DUI

Do DUIs and DWIs Impact Car Insurance Rates?

How Long Will My Insurance be Affected by a DUI or DWI?

How Do You Get Insurance for a High-Risk Driver?

Get Personalized Car Insurance Quotes Here

FAQs

Can you get car insurance after a DUI or DWI?

Can you go to jail for a DUI or DWI?

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

Get a Free Auto Insurance Quote Online Now.

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