A DUI or DWI conviction may refer to different legal terms, but they generally mean the same thing. DUI refers to driving under the influence, while DWI refers to driving while intoxicated. Some states use variations of these terms to distinguish cases by severity. In this guide, we’ll explain what you need to know about the different DUI and DWI laws by state.
The Difference Between DUI and DWI
DUI could mean driving under the influence of alcohol, or it may mean driving under the influence of drugs. The drugs could be over-the-counter, prescription or illegal. DWI, on the other hand, may mean driving while intoxicated or driving while impaired. The precise definitions depend on your state.
Regardless of what it’s called, a charge of DUI or DWI arises when a law enforcement officer thinks you were too impaired to drive. The impairment could be caused by alcohol, drugs, sleepiness or other factors.
Depending on your state, you may be accused of operating under the influence (OUI), operating while intoxicated (OWI) or driving while ability impaired (DWAI) instead of DUI or DWI.
When it comes to driving drunk, your state might make it illegal to get behind the wheel with a blood alcohol concentration (BAC) of at least 0.08%, except in Utah, where the BAC limit is 0.05%. In many states, drunk driving is treated as a misdemeanor, but repeat offenders might face felony charges.
And in many states, penalties can increase if your BAC is at least 0.15%. BAC typically is determined with a breath, blood or urine test.
Keep in mind that in a lot of states you can be charged with drunk driving if you’re in the driver’s seat but your car isn’t moving. In some cases, you might even be charged with DUI, DWI or a similar offense if you’re steering a watercraft, moped, motorized scooter, bicycle or lawnmower.
Drunk and Drugged Driving Laws
To show you how complicated state DUI laws are, consider legal definitions in New York. These include:
- Driving while intoxicated (DWI) typically involves a BAC of at least 0.08%. The level for commercial drivers is 0.04% in New York.
- Aggravated driving while intoxicated (aggravated DWI) involves a BAC of at least 0.18%.
- Driving while ability impaired by alcohol (DWAI/alcohol) involves a BAC of more than 0.05% but less than 0.07%.
- Driving while ability impaired by a single drug other than alcohol (DWAI/drug).
- Driving while ability impaired by a combined influence of drugs or alcohol (DWAI/combination).
A driver in New York who’s under age 21 can be charged under the state’s zero-tolerance law if they’re suspected of driving with a BAC of 0.02% to 0.07%.
In New York, penalties for drunk or drugged driving include jail time, fines and loss of driving privileges.
Losing your driver’s license generally means that your car insurance will be canceled.
New York’s laws are just one example. Drunk and drugged driving laws and penalties vary by state. For instance, being convicted of a first offense for drunk driving could lead to a nine-month suspension of your driver’s license in Wisconsin or a one-year suspension of your driver’s license in Georgia and Tennessee.
Related: Cheap Car Insurance After A DUI
Alcohol Impaired Driving Laws by State
Here’s a look at license suspension and limited driving privileges during suspension for violating alcohol impaired driving laws in each state.
| State | Administrative license suspension on first offense | Limited driving privileges during suspension |
|---|---|---|
| 90 days | None | |
| Alaska | 90 days | After 30 days |
| 90 days | After 30 days | |
| Arkansas | 6 months | Yes |
| 4 months | After 30 days | |
| 3 months | Yes | |
| Connecticut | 90 days | Yes |
| Delaware | 3 months | No |
| District of Columbia | 2-90 days or until deposition | Yes |
| 6 months for DUI; 12 months for refusal | DUI: After 30 days; Refusal: After 90 days | |
| 1 year | Yes | |
| Hawaii | 3 months | After 30 days |
| 90 days | After 30 days | |
| 6 months | After 30 days | |
| 180 days | Available immediately | |
| Iowa | 180 days | After 30 days |
| 30 days | No | |
| 30-120 days | Yes | |
| Louisiana | None | No |
| Maine | 90 days | Yes |
| 180 days for both .08 and .15 for first offense | Yes, with interlock | |
| 90 days | Yes | |
| 30-180 days | After 45 days | |
| Minnesota | 90 days | After 15 days |
| Mississippi | 90 days | No |
| Missouri | 90 days | After 0 days with interlock use (restricted); After 30 days (restricted) |
| Montana | 6 months | Yes |
| 90 days | After 30 days | |
| 90 days | After 45 days | |
| New Hampshire | 6 months | No |
| 3 months | No | |
| New Mexico | Under 21: 1 year; 21 and over: 6 months | Immediately with ignition interlock |
| Yes | Yes | |
| North Carolina | 30 days | After 10 days |
| North Dakota | 91 days | After 30 days |
| 90 days | After 15 days | |
| 180 days | Yes | |
| 90 days | After 30 days | |
| None | Occupational Limited License and Ignition Interlock Limited License | |
| Rhode Island | 30-180 days | No |
| 1 month (for BAC .15 or higher) | 30 days | |
| South Dakota | 30 days | Yes |
| 1 year | Yes | |
| 90 days (.08 or greater); 180 days for refusal | Yes | |
| 120 days | No | |
| Vermont | 90 days | No |
| 7 days | No | |
| 90 days | Ignition interlock driver’s license | |
| West Virginia | 6 months | After 30 days |
| Wisconsin | 6-9 months | Yes |
| Wyoming | 90 days | Yes |
How Much Do Car Insurance Rates Go Up After a DUI?
You can expect your car insurance rates to go up after a DUI. We found the national average rate increase is 74%. Car insurance companies view a driver with a DUI as riskier than a driver without a conviction. Hence, your premiums can skyrocket with one DUI conviction.
Do I Need an SR-22 After a DUI conviction?
Higher premiums aren’t the only added cost. Your state might also require that you obtain SR-22 insurance after a DUI. An SR-22 certifies that you have proper car insurance. These certificates are for high-risk drivers, such as people convicted of a DUI. Virginia and Florida have an FR-44 certificate instead, but it’s essentially the same as an SR-22.
Regardless of whether it’s an SR-22 or an FR-44, you’ll pay a fee of about $25 to the insurance company for the certificate. How long you must retain an SR-22 differs by state, but it’s typically at least three years.
How Long Does a DUI Stay on Your Insurance Record?
A DUI stays on your record and influences your car insurance rates for three or five years in most states.
Though the surcharge may drop off your rates after three to five years, a DUI could still affect your car insurance for years to come. For example, in California you won’t be eligible for a 20% good driver discount until 10 years after a DUI.
Forbes Advisor Personal Finance Expert Writer John Egan contributed to this article.
