DWI vs. DUI: What’s the difference?
Drunk driving is illegal throughout the United States. DUI is often confused with DWI and for good reason. Each state has its own laws and penalties for a DWI and/or DUI, so you'll want to familiarize yourself with the laws where you live.
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Daniel Walker
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Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
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UPDATED: Nov 16, 2023
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.
UPDATED: Nov 16, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- DWI is stands for driving while intoxicated or driving while impaired
- DUI is stands for driving under the influence
- DUIs and DWIs are interchangeable in many states, but you could face serious legal consequences if charged with either
It doesn’t matter where you live in the United States; driving while under the effects of drugs or alcohol is illegal, and there are no excuses that permit it. If you’re caught on the road while intoxicated, you’ll probably get a DUI or DWI and could face some severe fines and charges.
What is a DUI? DUI stands for driving under the influence. DWI means driving while intoxicated. It’s very easy to get DUI and DWI confused, and, in some states, they’re interchangeable, so let’s take a closer look at the differences between DUIs and DWIs.
Understanding the Difference Between DUI vs. DWI
In many states, DUI and DWI charges are almost interchangeable. Both describe an individual operating a motor vehicle while under the influence of drugs, alcohol, or both. Drugs can be anything from over-the-counter medication and prescription drugs to illegal substances. Anything that can impact the way you drive can lead to a DWI or DUI charge.
Several states have different charges for driving under the influence or while intoxicated. In Indiana, Iowa, and Michigan, they use OUI, which stands for operating under the influence. Maine and Massachusetts use OWI or operate while intoxicated.
To get a DUI or a DWI (or OUI or OWI), you’ll most likely be pulled over by a police officer. The officer will give you several tests to determine your sobriety and even have you perform a breathalyzer test. A breathalyzer calculates your blood alcohol concentration (BAC). The legal limit for BAC is .08% in every state except Utah, which has a legal limit of .05%. If your test exceeds these percentages, you’ll face DUI charges.
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Are there any exceptions to DUI laws?
For certain drivers, there are different standards when it comes to DUI and DWI laws. Commercial drivers can face DUI charges if their BAC is .04% or higher. A commercial driver is someone who drives a vehicle of 16 passengers or more, a vehicle carrying hazardous materials, or a vehicle weighing 26,001 or more pounds.
On the other hand, when it comes to drivers under 21, every state has a zero-tolerance policy for drunk driving. Since the legal drinking age in the United States is 21, an underage driver can get a DUI for having a BAC of more than .02%. Not only will they face drunk driving charges, but they’ll likely face penalties for underage drinking.
Penalties for DUI and DWI by State
Although the legal limit for alcohol is the same in almost every state, the penalties for first, second, and third DUI offenses vary by state. Getting a DUI can result in a suspended driver’s license, fines, and even jail time. Take a look at the table below to determine the punishments for DWI charges in your state.
| State | First Offense | Second Offense | Third Offense |
|---|---|---|---|
| Alabama | 90-day license suspension or up to a year in jail, up to $2,100 in fines. | Minimum 45-day license suspension, up to a year in jail, and up to $5,100 in fines | Up to a year license suspension, up to one year in prison, and up to $10,000 in fines |
| Alaska | 90-day license suspension, 72 hours in prison, and a minimum fine of $1,500 | Suspended license for one year, 20 days in jail, and a minimum of $3,000 in fines | License suspended for a minimum of three years, and a minimum of 60 days in jail |
| Arizona | Up to 10 days in jail and a minimum $250 fine | Up to 90 days in jail and a $500 fine | Four-month minimum prison sentence and $750 fine |
| Arkansas | Six-month license suspension, up to a year in jail, and up to $1,000 in fines | Alcohol treatment, two-year-license suspension, up to a year in prison, and up to $3,000 in fines | Felony charges |
| California | DUI school, six-month license suspension, up to six months in jail, and up to $1,000 in fines | DUI school, one-year license suspension, up to a year in jail, and up to $1,000 in fines | Traffic school, two-year license suspension, up to one year in jail, and up to $1,500 in fines |
| Colorado | DMV points, mandatory community service, nine-month suspended license, up to a year in jail, and up to $1,000 in fines | DMV points, community service, one-year license suspension, up to one year in jail, and up to $1,500 in fines | DMV points, community service, two-year license suspension, up to a year in jail, and up to $1,500 in fines |
| Connecticut | Up to a year in jail and fines up to $1,000 | Up to two years in prison and up to $1,000 in fines | Up to three years in jail, and up to $1,000 in fines |
| Delaware | Up to two-year license suspension, up to a year in jail, and up to $1,500 in fines | Up to 30-month license suspension, 18 months in jail minimum, and a minimum fine of $2,500 | Up to 30-month license suspension, minimum 18 months in prison, and a minimum of $2,500 in fines |
| District of Columbia | Up to six-month license suspension, up to 180 days in jail, and up to $1,000 in fines | Up to one-year suspended license, up to 180 days in jail, and up to $5,000 in fines | Up to two-year license suspension, up to one year jail time, and up to $10,000 in fines |
| Florida | Up to three-year license suspension, up to six months of prison, and up to $1,000 in fines | Up to five-year suspended license, up to nine months in jail, and up to $2,000 in fines | Up to 10-year license suspension, up to one year in jail, and up to $5,000 in fines |
| Georgia | Community service, possibly suspended license, up to 10 days in jail, and a minimum of $300 in fines | Community service, one-year license suspension, and a minimum of $1,000 in fines | Community service, five-year license suspension, and a minimum fine of $5,000 |
| Hawaii | Community service, rehab, one-year license suspension, up to five days in jail, and a minimum of $1,000 in fines | Community service, rehab, three-year license suspension, up to 30 days in jail, and a minimum of $3,000 in fines | Community service, rehab, up to five-year license suspension, minimum 10 days in jail, and a minimum of $5,000 in fines |
| Idaho | Three-month license suspension, up to a year in prison, and a minimum of $1,000 in fines | One-year license suspension, up to five years in jail, and $2,000 minimum in fines | Up to five-year license suspension, up to 10 years in jail, and up to $5,000 in fines |
| Illinois | Community service, one-year license suspension, a maximum sentence of one year in jail, and a maximum of $2,500 in fines | Community service, five-year license suspension, maximum one-year prison sentence, and a maximum of $2,500 in fines | Community service, 10-year license suspension, seven years in jail, and a maximum $25,000 in fines |
| Indiana | Up to 180-day license suspension, up to one year in prison, and up to $5,000 in fines | Up to two-year license suspension, up to three years in jail, and up to $10,000 in fines | Up to 10-year license suspension, up to three years in jail, and up to $10,000 in fines |
| Iowa | Up to one-year license suspension, up to one year in jail, and up to $1,250 in fines | Up to two-year license suspension, up to two years in jail, and up to $6,250 in fines | Up to six-year license suspension, up to five years in jail, and up to $9,375 in fines |
| Kansas | Alcohol treatment, 90-day license suspension, up to two days in jail, and up to $1,000 in fines | Alcohol treatment, one-year license suspension, and up to $1,500 in fines | Alcohol treatment, one-year license suspension, and up to $2,500 in fines |
| Kentucky | Rehab, community service, 120-day license suspension, up to 30 days in prison, and up to $500 in fines | Rehab, community service, 18-month license suspension, up to six months in jail, and up to $500 in fines | Rehab, community service, 36-month license suspension, up to one year in prison, and up to $1,000 in fines |
| Louisiana | Rehab, community service, up to six months in jail, and up to $1,000 in fines | Rehab, community service, up to six months in jail, and up to $1,000 in fines | Rehab, community service, up to five years in jail, and up to $2,000 in fines |
| Maine | 150-day license suspension, and up to $500 in fines | Up to three-year license suspension, up to 12 days in prison, and up to $900 in fines | Up to six-year license suspension, up to 40 days in jail, and up to $1,400 in fines |
| Maryland | Up to six-month license suspension, up to a year in prison, and up to $1,000 in fines | Up to one-year license suspension, up to two years in jail, and up to $2,000 in fines | Up to one-year license suspension, up to five years in prison, and up to $5,000 in fines |
| Massachusetts | Up to 90-day license suspension, up to two-and-a-half years in jail, and up to $5,000 in fines | Up to two-year license suspension, up to two-and-a-half years in prison, and up to $10,000 in fines | Up to eight-year license suspension, up to two-and-a-half years in jail, and up to $15,000 in fines |
| Michigan | Community service, up to 93 days in jail, and up to $500 in fines | Community service, up to one year in prison, and up to $1,000 in fines | Community service, up to five years in jail, and up to $5,000 in fines |
| Minnesota | Up to one year in jail and up to $3,000 in fines | Up to one year in jail, and up to $3,000 in fines | Up to seven years in jail for felony and up to $14,000 in fines |
| Mississippi | Driver’s education course, up to one-year license suspension, up to 48 hours in jail, and up to $1,000 in fines | Rehab, community service, up to two-year license suspension, up to one year in prison, and up to $1,500 in fines | Community service, up to five-year license suspension, up to five years in jail, and up to $5,000 in fines |
| Missouri | Up to 30-day license suspension, up to six months in prison, and up to $1,000 in fines | Up to five-year license suspension, up to one year in jail, and up to $2,000 in fines | Up to 10-year license suspension, up to four years in prison, and up to $10,000 in fines |
| Montana | Driver’s education course, rehab, up to six-month license suspension, up to six months in prison, and up to $1,000 in fines | Driver’s education course, rehab, up to one-year license suspension, up to one year in jail, and up to $1,000 in fines | Driver’s education course, rehab, up to one-year license suspension, up to one year in prison, and up to $5,000 in fines |
| Nebraska | Up to six-month license suspension, up to 60 days in jail, and up to $500 in fines | Up to 18-month license suspension, up to 180 days in prison, and up to $500 in fines | Up to 15-year license suspension, up to one year in jail, and up to $1,000 in fines |
| Nevada | Minimum of 185-day license suspension, up to 180 days in prison, and up to $400 in fines | One-year license suspension, up to 180 days in jail, and up to $750 in fines | Three-year license suspension, up to six years in prison, and up to $2,000 in fines |
| New Hampshire | Two-year license suspension, and up to $1,200 in fines | Three-year license suspension, up to a year in jail, and up to $2,000 in fines | Lifetime license suspension, up to a year in jail, and up to $2,000 in fines |
| New Jersey | Driver’s education course, community service, three-month minimum license suspension, up to 30 days in jail, and up to $500 in fines | Driver’s education course, community service, minimum two-year license suspension, up to 90 days in prison, and up to $1,000 in fines | Driver’s education course, community service, minimum 10-year license suspension, up to 180 days in jail, and up to $1,000 in fines |
| New Mexico | Community service, up to 90 days of jail time, and up to $500 in fines | Community service, up to 364 days in prison, and up to $1,000 in fines | Community service, up to 364 days in jail, and up to $1,000 in fines |
| New York | Minimum one-year license suspension, up to one year in jail, and up to $2,500 in fines | Minimum 18-month license suspension, up to four years in jail, and up to $5,000 in fines | Minimum 19-month license suspension, up to seven years in jail, and up to $10,000 in fines |
| North Carolina | Level-based | Level-based | Level-based |
| North Dakota | Rehab, community service, minimum three-month license suspension, up to two days in prison, and up to $750 in fines | Rehab, community service, minimum one-year license suspension, up to 10 days in jail, and up to $1,500 in fines | Rehab, community service, minimum one-year license suspension, up to 120 days in jail, and up to $2,000 in fines |
| Ohio | Up to three-year license suspension, up to one year in jail, and up to $1,075 in fines | Up to seven-year license suspension, up to six months in prison, and up to $1,625 in fines | Up to 12-year license suspension, up to one year in jail, and up to $2,750 in fines |
| Oklahoma | Up to 180-day license suspension, up to a year in prison, and up to $1,000 in fines | Up to one-year license suspension, up to five years in jail, and up to $2,500 in fines | Up to three-year license suspension, up to 10 years in prison, and up to $5,000 in fines |
| Oregon | Up to one-year license suspension, up to one year in jail, and up to $6,250 in fines | Up to three-year license suspension, up to one year in prison, and up to $10,000 in fines | Up to permanent license suspension, up to five years in jail, and up to $125,000 in fines |
| Pennsylvania | Up to one-year license suspension, up to six months in jail, and up to $5,000 in fines | Up to 18-month license suspension, up to five years in prison, and up to $10,000 in fines | Up to 18-month license suspension, up to five years in jail, and up to $10,000 in fines |
| Rhode Island | Rehab, community service, up to one-year license suspension, up to one year in prison, and more than $1,200 in fines | Rehab, community service, up to two-year license suspension, up to one year in jail, and over $1,750 in fines | Rehab, community service, up to three-year license suspension, up to five years in prison, and more than $5,000 in fines |
| South Carolina | Up to six-month license suspension, up to 90 days in jail, and up to $1,000 in fines | Up to one-year license suspension, up to three years in prison, and up to $6,500 in fines | Up to four-year license suspension, up to five years in jail, and up to $10,000 in fines |
| South Dakota | Up to one-year license suspension, up to one year in prison, and up to $2,000 in fines | Minimum of one-year license suspension, up to one year in jail, and up to $2,000 in fines | Minimum of one-year license suspension, up to two years in jail, and up to $4,000 in fines |
| Tennessee | Up to one-year license suspension, up to seven days in jail, and up to $1,500 in fines | Up to two-year license suspension, up to one year in jail, and up to $3,500 in fine | Up to 10-year license suspension, up to one year in prison, and up to $10,000 in fines |
| Texas | Up to one-year license suspension, up to six months in prison, and up to $4,000 in fines | Up to two-year license suspension, up to one year in jail, and up to $4,000 in fines | Up to two-year license suspension, up to 10 years in prison, and up to $10,000 in fines |
| Utah | Up to 120-day license suspension, up to 180 days in jail, and up to $1,310 in fines | Up to two-year license suspension, up to 10 days in jail, and up to $1,560 in fines | Up to two-year suspension, up to five years in prison, and up to $2,580 in fines |
| Vermont | Up to two years in jail and up to $750 in fines | Up to two years in prison and up to $1,500 in fines | Up to five years in jail and up to $2,500 in fines |
| Virginia | One-year license suspension, up to one year in prison, and up to $2,500 in fines | Three-year license suspension, up to one year in jail, and up to $2,500 in fines | Varying license suspension, up to 180 days in prison, and up to $2,500 in fines |
| Washington | Rehab, up to two-year license suspension, up to one year in jail, and up to $5,000 in fines | Rehab, up to three-year license suspension, up to one year in jail, and up to $5,000 in fines | Rehab, up to four-year license suspension, up to one year in prison, and up to $5,000 in fines |
| West Virginia | Up to six-month license suspension, up to six months in prison, and up to $1,000 in fines | 10-year license suspension, up to one year in prison, and up to $3,000 in fines | Permanent license suspension, up to five years in jail, and up to $5,000 in fines |
| Wisconsin | Up to $300 in fines | Up to six months in jail and up to $1,100 in fines | Up to one year in prison and up to $2,000 in fines |
| Wyoming | 90-day license suspension, up to six months in jail, and up to $750 in fines | Up to one-year license suspension, up to six months in prison, and up to $750 in fines | Up to three-year license suspension, up to six months in jail, and up to $3,000 in fines |
Will a DUI raise my insurance rates?
Unfortunately, your insurance rates will go up when you get a DUI or a DWI, which includes life insurance rates in addition to auto insurance. Sometimes, your insurance company might even drop you from the plan. Be prepared to pay more money each month if you get caught driving under the influence. If you live in a certain state, you might even have to purchase SR-22 insurance. An SR-22 is required for high-risk drivers, and it’s an endorsement from your insurance company.
Enter your ZIP code below to view companies that have cheap insurance rates.
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Daniel Walker
Licensed Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.