What's the Difference Between an OWI And a DUI? Definitions and Penalties by State

Driving under the influence (DUI) and operating while intoxicated (OWI) are serious offenses that usually include drunk driving or operating a motor vehicle while impaired by another substance. While the terms are often used interchangeably, there can be some key differences between them depending on where you live. Being charged with either an OWI or DUI can result in fines, your license being suspended and higher insurance rates.

On This Page

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  How Are an OWI and DUI Different?

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  What Is an OWI?

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  What Happens When You're Charged With an OWI?

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  What Is a DUI?

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  What Happens if You're Charged With a DUI?

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  OWI vs DUI: State-by-State Comparison

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  How Do OWIs and DUIs Affect Car Insurance Rates?

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  FAQs

How Are an OWI and DUI Different?

An OWI and a DUI both refer to driving under the influence, but they can differ in the substance impairing the driver. OWI usually involves driving under the influence of drugs (i.e. prescription drugs, illegal drugs or alcohol). DUIs, on the other hand, usually refer to a drunk driving offense. However, the definitions can sometimes overalp and the two terms may be used interchangeably.

What Is an OWI?

An OWI refers to operating a motor vehicle while under the influence of alcohol, controlled substances or illegal drugs. Using inhibitors and stimulants can result in aggravated driving which can in turn cause injuries or even death when you're on the road.

If a driver is pulled over and suspected of driving under the influence of drugs, they may be asked to submit to a blood or urine test to determine the presence of drugs in their system.

Is an OWI Considered a Felony?

A first-time OWI offense is typically considered a misdemeanor but subsequent offenses may be considered felonies. In other states, a first-time OWI offense may be considered a felony if certain aggravating factors are present, such as causing injury or having a high enough blood alcohol concentration.

How Long Does an OWI Stay On Your Record?

While it can vary by state, an OWI will generally stay on your driving record for several years and it may impact your ability to get car insurance or certain jobs. For example, an OWI can stay on your driving record for 12 years in Iowa but remain indefinitely unless expunged in Michigan.^[1][2]

What Happens When You're Charged With an OWI?

When you're charged with an OWI, the penalties can vary depending on the state and the severity of the offense. Some common penalties for an OWI can include:

• Fines: Fine amounts can range from a few hundred dollars to several thousand dollars, depending on the state and the severity of the offense.
• Jail time: This is especially true if it's a repeat offense or if there were aggravating factors involved, such as causing an accident or injuring someone.
• Driver's license suspension or revocation: It may be possible to get your driving privileges reinstated by taking a defensive driving course, paying fines or getting a new license after a certain amount of time.
• Ignition interlock: This device requires you to pass a breathalyzer test before you can start the car.
• Higher insurance premiums: Insurance companies will see you as a higher risk and increase your premiums accordingly.

It's important to note that these penalties can have long-term consequences, beyond just the initial fines and jail time. For example, being unable to drive due to a suspended license may limit your employment opportunities.

Instead of driving while intoxicated, order a rideshare service or have a friend or family member pick you up.

What Is a DUI?

A DUI has traditionally referred to operating a motor vehicle while under the influence of alcohol. If a police officer suspects you’re drunk behind the wheel, they may request you take a breathalyzer test to measure your blood alcohol content — in certain states, you may have the right to refuse this test.^[3] Like OWIs, the severity of a DUI offense and the associated penalties can vary by state.

Is a DUI a Felony?

Much like an OWI, whether a DUI is considered a felony can vary by state. Namely, a first-time offense could be counted as a misdemeanor, potentially turning into a felony depending on how many offenses you have. Other states may consider drunk driving a felony if certain criteria are met, such as causing injury or having a high enough blood alcohol concentration.

How Long Do DUIs Stay On Your Record?

A DUI will stay on your driving record for several years and it may impact your ability to get car insurance. The time it remains visible on your record can vary by state. For example, a DUI can remain on your record for 15 years in New York and only 10 years in Georgia.^[4][5]

What Happens if You're Charged With a DUI?

In general, the penalties for a DUI can include fines, jail time, suspension or revocation of your driver's license, mandatory use of an ignition interlock device and increased car insurance premiums. Penalties can increase in severity for subsequent offenses.

For a first-time DUI offense, the penalties can range from fines of a few hundred dollars up to $1,000 or more, depending on the state. In some cases, you may be required to serve a short period of jail time or perform community service. Your driver's license may also be suspended up to a year or more depending on the state of the severity of the offense.

In some states, multiple DUI offenses can result in felony charges, which can carry more serious consequences.

Seek the advice of a qualified attorney if you're facing DUI charges, as they can help you navigate the legal system and ensure that your rights are protected.

OWI vs DUI: State-by-State Comparison

The below map and table break down OWI and DUI penalties as well as similar 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.

Below, we break down the penalties for a OWI or DUI conviction by state.

How Do OWIs and DUIs Affect Car Insurance Rates?

Insurance companies consider drivers with a history of alcohol- or drug-related offenses to be high-risk and as a result, their premiums are likely to increase. The exact increase in premiums will depend on a variety of factors, including the severity of the offense, the driver's age, driving history, insurance company and the state where the driver resides.

In some cases, insurance companies may even refuse to renew a driver's policy after a DUI or OWI conviction. In such cases, the driver may have to seek insurance from a high-risk insurance provider, which often comes at a significantly higher cost,.and may be court-ordered to file form SR-22. This proves to the DMV that you’re adequately insured and if you drop coverage, your insurer agrees to notify the state.

While an OWI or DUI conviction will almost certainly increase your rates, shopping around may help you find the lowest possible premium. Different insurance providers use different methodologies and you may find that the one insurer penalizes you less heavily than another.