In some states, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably to refer to operating a vehicle under the influence of alcohol or drugs. However, other states differentiate between these offenses, while some use alternative terms like OUI (Operating Under the Influence) or OWI (Operating While Intoxicated).

Defining DUI vs. DWI

Colloquially, “DUI” (Driving Under the Influence) is commonly used to describe any conviction for drunk driving, whether involving alcohol or drugs. While most Americans are familiar with the term DUI, not all states use it to refer to drunk driving offenses.

In states where DUI is not used, the offense is often referred to as “DWI” (Driving While Intoxicated) or “Driving While Impaired.” Generally, DWI means the same as DUI—operating a vehicle while impaired by alcohol or drugs. However, some states, like Rhode Island, use both terms.

When both DUI and DWI are present in a state, the distinction often pertains to the level of intoxication. For instance, in Rhode Island, DUI is applied to drivers of all ages with a blood alcohol concentration (BAC) of .08 percent or higher. Conversely, drivers under 21 with a BAC between .02 and .08 percent may face a DWI charge for Driving While Impaired. Similarly, Colorado distinguishes between DUI, which applies to drivers substantially impaired, and DWAI (Driving While Ability Impaired), which is used for drivers affected to a lesser degree.

Legal distinctions between DUI and DWI can vary by state and even by local jurisdiction. To understand the specific differences, it’s best to consult your state or city’s laws.

OUI vs. OWI

In certain states, drivers may face charges under the terms OUI or OWI. OUI stands for “Operating Under the Influence,” while OWI stands for “Operating While Intoxicated.” The following states use these terms for related offenses:

  • Indiana: OWI
  • Iowa: OWI
  • Maine: OUI
  • Massachusetts: OUI
  • Michigan: OWI
  • Wisconsin: OWI

OWVI and DUAC

In some states, drivers may face charges such as OWVI or DUAC. OWVI stands for “Operating While Visibly Impaired,” and DUAC stands for “Driving with an Unlawful Alcohol Concentration.”

For instance, in Michigan, an OWVI charge applies if a driver is visibly impaired by alcohol or a controlled substance while operating a motor vehicle. This offense is considered less severe than an OWI. In South Carolina, DUAC is used instead of DWI. The key difference is that a DUAC focuses on a driver’s impairment level, regardless of their BAC, while a DUI charge in South Carolina specifically pertains to BAC levels exceeding 0.08 percent.

Potential consequences of a DWI or DUI in each state

After a DUI or DWI conviction, you may face serious consequences, including fines, license suspensions, and potentially jail time. The specific penalties depend on several factors, such as the state where the conviction occurred, whether it is your first offense, if there were minors in the vehicle, and your blood alcohol concentration (BAC) level.

Typically, DUI penalties include monetary fines, driving privilege suspension, and possible jail time. Additional requirements may include attending alcohol or drug education programs and installing an ignition interlock device (IID) in your vehicle. If your offense resulted in property damage, injuries, or fatalities, you may face more severe penalties.

Because traffic laws are subject to change, it’s important to stay informed about the latest regulations in your state. For the most current information on DUI penalties, consult your state’s DMV. If you’ve been charged with a DUI, DWI, or related offense, seeking legal advice from an attorney may help you navigate the legal process effectively.

Will DUIs and DWIs impact my insurance rates?

The effect of a DUI or DWI conviction on your auto insurance varies by carrier and other factors, but you can generally expect a significant increase in your premium. Driving under the influence is considered high-risk behavior that raises the likelihood of accidents and claims, prompting insurance companies to raise premiums to offset this risk.

Following a DUI or DWI conviction, your insurance company may classify you as a high-risk driver. This could lead to non-renewal of your policy, necessitating a search for new coverage. Insurance for high-risk drivers is usually much more expensive than for standard or preferred-risk drivers.

Before a DUI conviction, the average cost of car insurance in the U.S. is approximately $2,329 per year for full coverage and $633 per year for state minimum coverage, according to Quadrant Information Services. However, with a single DUI or DWI conviction, these costs can rise to $4,772 per year and $1,371 per year, respectively—an increase of 105 percent to 117 percent.

Additionally, a DUI or DWI conviction might result in a license suspension, and you may need to carry an SR-22 to have it reinstated. An SR-22 is a form filed by your insurance company with the DMV to prove you maintain the minimum required car insurance coverage. While the SR-22 filing fee is generally between $25 and $50, some states require higher liability limits, which will further increase your insurance rate. In Florida and Virginia, the equivalent form for higher coverage is called an FR-44.