In some states, DUI and DWI mean essentially the same thing: driving under the influence of, or while intoxicated by, alcohol or drugs. But some states recognize both violations and draw a distinction between them, while others use another shorthand such as OUI or OWI (“operating under the influence/while intoxicated”). To help you make sense of your state’s alcohol and drug traffic laws, Bankrate’s insurance editorial team breaks down the differences between each charge, along with their potential insurance implications.
Defining DUI vs. DWI
Colloquially, it’s common to refer to any conviction for drunk driving as a “DUI,” which stands for “driving under the influence” of alcohol or drugs. Most Americans know what a DUI is — but not all state governments use the term DUI to refer to drunk driving offenses.
In states that don’t use DUI, the most common label for the offense of driving a motor vehicle while drunk is “driving while impaired” or “driving while intoxicated,” or DWI. Generally speaking, DWI means the same thing as DUI — operating a motor vehicle while drunk or high. But some states, such as Rhode Island, use both terms.
When both DUI and DWI charges exist in a state, the distinction often relates to the degree of intoxication, with DWI typically applied to drivers who are less heavily intoxicated.
Take Rhode Island as an example. The Rhode Island Division of Motor Vehicles assigns the DUI label to drunk driving offenses for drivers of all ages with blood alcohol concentrations (BACs) of .08 percent and above. But Rhode Island drivers under age 21 with BACs between .02 and .08 percent can be charged with DWI (Driving While Impaired). Colorado law maintains a similar distinction: DUI charges apply to those who are “substantially incapable” of safe driving due to alcohol or drugs, while DWAI (Driving While Ability Impaired) applies to drivers affected “to the slightest degree.”
Legal distinctions between DUI and DWI vary by state and even by municipal jurisdiction. The best way to nail down the difference is to look up your state or city’s laws.
OUI vs. OWI
In some states, drivers may be charged with either an OUI or OWI. An OUI means “operating under the influence of intoxicating liquor,” while an OWI means “operating while intoxicated.” Currently, there are five states that use such terminology when charging drivers with related offenses:
- Indiana: OWI
- Iowa: OWI
- Maine: OUI
- Massachusetts: OUI
- Michigan: OWI
- Wisconsin: OWI
OWVI and DUAC
Certain states may charge drivers with an OWVI or DUAC. An OWVI means operating while visibly impaired and DUAC is driving with an unlawful alcohol concentration.
In Michigan, you can be charged with an OWVI if you are visibly impaired by alcohol or a controlled substance and try to operate a motor vehicle, although it is a lesser offense than an OWI. In South Carolina, the term DUAC is used in place of DWI. The distinction between a DUI and a DUAC in South Carolina is that a DUAC focuses on the driver’s impairment level, whatever their BAC level, while the DUAC charge is related to BAC levels above 0.08 percent.
Potential consequences of a DWI or DUI in each state
After you are convicted of a DUI or DWI, you could face heavy consequences, including fines, license and registration suspensions and even jail time. However, the specific penalties levied depend on many factors, including the state you were convicted in, whether this was your first alcohol-related traffic offense, if you had children in the car with you and how far over the legal limit your blood alcohol concentration was, among others.
In most cases, penalties for a DUI include monetary fines, suspension of driving privileges and possible jail time, at a minimum. You may also be required to attend an alcohol or drug education program and/or to install an ignition interlock device (IID) in your vehicle to prevent future offenses. If you caused property damage, injuries or fatalities while driving under the influence, you may have additional penalties.
Traffic laws are constantly evolving, so it’s important to stay abreast of any changes in your state’s statutes. As such, your state’s DMV may be the best source for the most up-to-date information regarding your state’s specific DUI penalties. If you have been charged with a DWI, DUI or other infraction, you may want to contact an attorney to help you navigate the process.
Will DUIs and DWIs impact my insurance rates?
The exact impact of a DUI or DWI conviction on your auto insurance depends on your carrier and other rating factors, but you can almost always expect your premium to increase after this type of violation. Since driving under the influence is a risky behavior that can lead to accidents and claims, your insurance company will probably raise your premium to compensate for their increased likelihood of paying out a future claim on your behalf.
Additionally, your insurance company may deem you a high-risk driver after you’re convicted of a DUI or DWI. If this is the case, it may refuse to renew your policy, forcing you to seek insurance elsewhere. Finding cheap car insurance can take some shopping, and insurance for high-risk drivers is typically much more expensive than for standard or preferred-risk drivers.
The average cost of car insurance in the U.S. prior to a drunk driving conviction is $2,329 per year for full coverage and $633 per year for state minimum coverage, according to average premium data from Quadrant Information Services. For drivers with a single DUI or DWI conviction, however, the cost of coverage goes up to $4,772 per year and $1,371 per year, respectively. That’s an increase of between 105 percent and 117 percent for a single conviction.
Finally, your license may be suspended after a DUI or DWI, and your state may require you to carry a certificate of financial responsibility, or SR-22, to get it reinstated. An SR-22 is a form filed with the DMV by your insurance company that proves you are maintaining the minimum required car insurance coverage for your state. While an SR-22 should not directly impact your premium, a small fee is typically associated with the filing (usually from $25 to $50). Furthermore, some states require you to carry at least double the state-required minimum liability limits in addition to the SR-22, and these higher limits will increase your rate. In Florida and Virginia, the form you’d need to file to verify that you have this additional coverage is called an FR-44.
Frequently asked questions
-
Jail time is typically a possibility after a DUI or DWI, but it’s not guaranteed. What happens to you after a DUI or DWI depends on several factors, including the laws in the state where the violation took place. In some cases, you may need to commit to community service hours; in other states, jail time might be required. You are more likely to face a prison sentence in many states if you have multiple convictions. If you have been charged with a DUI or DWI, check out your state’s laws, which may be available on your state’s DMV website or a state government site, to find out what you are likely to face as a penalty.
-
Again, this depends on the state in which the offense occurred. In most cases, a DUI or DWI will remain on your driving record for three to five years. However, in stricter states — such as California — the offense may stay on your record for 10 years or permanently.
-
The federal legal limit for blood-alcohol content (BAC) is 0.08 percent. However, it’s important to note that if you’re under the age of 21, you will typically face serious penalties if you have a BAC of even 0.01 percent — no matter what your state’s laws are.
-
Some jurisdictions use a charge of OWI — operating while intoxicated — in place or DUI or DWI charges. While exact definitions might vary by jurisdiction, the general meaning of the charge is the same: drunk driving.
Read the full article here
