DUI vs. DWI: Differences, Penalties and Legal Consequences Explained

Drunk driving or operating a motor vehicle under the influence of other substances can lead to a DUI or DWI charge, depending on your situation and state. When comparing DUI versus DWI, the terms are often used interchangeably, but some states may have different penalties for each that vary based on your age or level of intoxication.

The difference between DUI and DWI depends on state law — in many states, the terms are interchangeable, while in others they represent different levels of impairment or separate charges.

Read on to learn more about the differences and similarities between DUIs and DWIs, including how some states view them differently and their potential consequences.

On This Page

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  What Does DUI Mean?

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  What Does DWI Mean?

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  How Does a DUI Differ From a DWI?

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  DWI vs. DUI: Which Is Worse?

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  Do DUI and DWI Mean the Same Thing in Every State?

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  Will a DUI or DWI Impact My Car Insurance Rates?

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  DUI vs. DWI at a Glance

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  How To Find Insurance After a DUI or DWI

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  FAQs

What Does DUI Mean?

DUI refers to “driving under the influence” and is a charge given to someone who is found driving a motor vehicle while impaired by alcohol, drugs or other substances that influence their driving behavior or ability beyond the legal limit. Many states refer to a driver's blood alcohol concentration (BAC) level of at least 0.08% as enough to qualify for a DUI.^[1]

While most states require a vehicle to be in motion for a driver to be charged with a DUI, it’s possible to receive one while sitting in a parked car. For example, sleeping off a night of drinking in your car rather than taking a taxi home could still result in a DUI conviction.^[2]

Common Consequences and Penalties Associated With DUIs

The penalties for a DUI conviction can include fines, imprisonment, loss of driving privileges and increased car insurance rates. It can also leave a mark on your criminal record, with some states marking your record permanently for a DUI. If there were no additional aggravating factors, such as your DUI resulting in an accident or driving recklessly, a first DUI offense is typically given lighter penalties.^[2][3]

What Does DWI Mean?

DWI refers to “driving while intoxicated” or “driving while impaired”, and, like DUIs, it is an offense given to drivers who are caught driving under the influence of alcohol or other substances. A DWI may be used interchangeably with a DUI or could be used to indicate a different level of impairment, depending on how the state defines it. For example, some states may use a DUI to indicate a more serious charge or higher level of intoxication, while other states may use a DWI for more serious offenses instead.^[2]

Common Consequences and Penalties Associated With DWIs

Similar to DUIs, consequences and penalties for DWI convictions vary by state. However, common consequences include fines, jail time, the installation of an ignition interlock device and driver's license suspension.^[2]

How Does a DUI Differ From a DWI?

Generally, there isn’t much of a difference between a DUI and a DWI offense, as both are given for impaired driving under the influence of alcohol or other substances.^[2] However, as discussed below, they may be recognized differently depending on your state.

DWI vs. DUI: Which Is Worse?

Whether a DUI is worse than a DWI depends on whether your state sees the two offenses as the same or different. For example, a DUI in Maryland results in more severe penalties when compared to a DWI. In contrast, a DWI is more serious for adults than a DUI is for drivers under 21. However, many states conflate the two terms and treat the consequences as the same crime, regardless of which you’re charged with.^[4]

Do DUI and DWI Mean the Same Thing in Every State?

While some states may only use either DUIs or DWIs or may refer to them interchangeably, some states use them as differing degrees of offenses. Often, one term is used to indicate a higher BAC level, while other states may use one term to differentiate charges based on someone’s age.^[4] Below are highlights of a few states that differentiate between these two terms.

States That Differentiate DUI vs. DWI

In Maryland, a DUI is typically given to someone driving with a blood alcohol content of 0.08% or higher, while a DWI is given to drivers with lower levels of intoxication. Respectively, a DUI carries more severe consequences for a first DUI offense, with up to one year of jail time and a maximum fine of $1,000, compared to up to two months of jail and a maximum fine of $500 for a DWI. However, the consequences become equivalent by the third offense for both charges.^[5]

Other states use DUI and DWI to identify distinctive charges based on a driver’s age.

For example, in both Texas and Arkansas, a DWI is given to drivers age 21 and older for having a BAC of 0.08% or higher.^[6] However, in Arkansas, minors under 21 with a BAC under 0.08% will instead receive an underage DUI, which carries less severe penalties.^[7][8] Similarly, in Texas, any minor under 21 who tests positively for intoxication receives a DUI, which also features less severe consequences compared to an adult DWI.^[9]

Will a DUI or DWI Impact My Car Insurance Rates?

A single DUI or DWI can significantly increase your car insurance rates. Driving while intoxicated or under the influence of substances can be an indicator of risk, as drivers with a BAC of 0.08% are roughly four times more likely to get in an accident, while those with a BAC of 0.15% are at least 12 times more likely, compared to sober drivers.^[10] To account for this increased risk, a single DUI or DWI could raise your premiums by up to an average of up to 96%, potentially costing thousands of dollars per year.^[11]

Getting a DUI or DWI could also cause you to lose access to insurance discounts, such as a good driver discount, resulting in higher premiums. In some cases, a DUI or DWI could result in your insurer viewing you as too high a risk to insure, leading to policy cancellation or refusal to renew your policy. This may require obtaining a high-risk insurance policy, which often comes with high premiums.^[12]

DUI vs. DWI at a Glance

• DUI and DWI are both impaired-driving charges involving alcohol or drugs.
• The difference between DUI and DWI depends on state law, with some states using the terms interchangeably.
• Some states distinguish DUI vs. DWI based on BAC level or driver age.
• Both DUI and DWI can result in fines, jail time, license suspension and higher car insurance rates.
• Insurance companies typically treat DUI and DWI similarly, often increasing premiums significantly after a conviction.

How To Find Insurance After a DUI or DWI

If you need car insurance after a DUI or DWI, you may struggle to find a policy at a good rate. Shopping around among different insurers is a good way to learn more about your options. Try getting quotes from three to five different insurance companies to gauge your expected costs.

Keep in mind you’ll typically need to provide information about yourself, such as your driving history and location, as well as your car's make, model, and annual mileage.

This process can become tedious, as you’ll typically need to provide this information to each insurer individually. Speed things up by using an insurance marketplace like SmartFinancial. After answering a brief questionnaire, we can help you get the coverage you need even after a DUI or DWI. Click here for free car insurance quotes today!