DUI vs. DWI: What’s the Difference?

What's the Difference Between a DUI and DWI?

A DUI and DWI are both legal terms for serious driving violations. DUI is the most commonly used term and refers to driving under the influence. DWI stands for driving while intoxicated or, sometimes, driving while impaired. States may also use similar terms, like OUI (operating under the influence) or OWI (operating while intoxicated).

In many states, DUI and DWI offenses are seen as the same level of charge. But in states where they're viewed differently, the nature of the offense and penalties can vary widely.

DUI: Driving Under the Influence

Generally, operating a vehicle under the influence of alcohol or drugs can lead to a DUI charge. The federal legal blood alcohol content (BAC) level is 0.08%. But states can also set lower BAC limits, especially for underage drivers. Depending on state law, a DUI may be issued after a breathalyzer test, field sobriety test or other means law enforcement is permitted to use to determine impairment.

In most states, the vehicle doesn't have to be moving for you to be charged with a DUI or DWI. If you're under the influence, or intoxicated, and physically in a position to drive, you can be arrested. But in some states, like California, the vehicle has to be in motion for you to be charged with a DUI or DWI.

DWI: Driving While Intoxicated

Driving while intoxicated, or a DWI, is sometimes viewed as the same offense as a DUI. But in states that consider DUI and DWI to be distinct charges, definitions and penalties can vary widely. For example, in New Hampshire, a driver can be charged with an aggravated DWI in certain situations, such as driving with a BAC of 0.16 or more and causing a serious crash. But in Maryland, the level of impairment needed to prove a DWI is actually less than a DUI and the penalties are less severe.

Consequences of a DUI and DWI

Getting charged with a DUI or DWI is a serious legal matter, even if it's your first offense. You can be convicted of misdemeanor or felony and face fines, license suspension or even jail time. Consequences vary widely depending on state laws, the severity of the offense and your age. You may also face more serious penalties if it's your second or third time being charged.

Here's a closer look at some common consequences that can result from a DUI or DWI conviction:

• Suspended license: Many states suspend your driver's license and revoke your driving privileges after a DUI or DWI. You may lose your license if you've been convicted multiple times.
• Jail time: Serving jail time is common after a DUI or DWI conviction. Sentences vary depending on your state, severity of the offense and other factors, like prior convictions.
• Community service: If you're charged with a DUI or DWI, you may have to perform community service as part of your sentence.
• Fines: Legal fines are typically required after a DUI or DWI. Fines can vary widely, but even first offenses generally cost a few hundred dollars.
• Alcohol or drug treatment program: If your BAC is over a certain legal limit, some states require participation in a treatment program after DUI or DWI charges.
• Ignition interlock device (IID): You may need to install a special type of breathalyzer to make sure your blood alcohol level is 0% before you can start your ignition.
• SR-22 insurance: For up to three years after a DUI or DWI conviction, you may have to file an SR-22, a court-ordered form for high-risk drivers, to restore your driver's license and prove that you meet minimum insurance requirements.
• Legal charges: Due to the severity of DUI and DWI charges, you may decide to forgo a public defender and hire your own legal representation instead. This usually costs a few thousand dollars, but it could be higher if the case goes to trial.

Learn more: How to Get Car Insurance After a DUI

How Do DUIs and DWIs Impact Car Insurance Rates?

Car insurance rates typically increase significantly after a DUI or DWI conviction, since insurance companies will see you as a high-risk driver. And, if you have more than one DUI or DWI on your driving record, you may lose your coverage and not be able to qualify for traditional car insurance. If you're denied insurance, your options may be limited to pricey "high-risk" insurance or joining a state-assigned risk pool for coverage until the DUI or DWI drops off your driving record.

Learn more: How Long Does a DUI Affect Car Insurance?

The Bottom Line

Driving while intoxicated or under the influence is always illegal. DUI and DWI charges have serious legal and financial consequences that can affect your driving record, criminal record, license status and car insurance rates. Never get behind the wheel after drinking or consuming substances. Arrange for a sober friend to be a designated driver, walk home or use a rideshare service or taxi.