DUI vs. DWI: What’s the Difference?
The definition and consequences of DWI and DUI vary by state.
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A DUI or DWI is a criminal offense, usually charged after you’ve been arrested for driving intoxicated on alcohol or under the influence of a substance. DWIs and DUIs can be misdemeanors or felony charges and often come with serious consequences if you’re convicted, including jail time, fines, and license suspension.1 On top of this, having a DWI or DUI on your driving record can increase your car insurance premiums or cause insurers to deny you coverage.
Here’s what you need to know about DUIs and DWIs in your state and how they might affect you if you’ve been convicted of one.
DUI vs. DWI
A DWI is a “driving while intoxicated” charge, while a DUI is a “driving under the influence” charge. These charges can be either felonies or misdemeanors, depending on the circumstances and the state. And the consequences if you’re convicted range widely. They often include fines, jail time, license suspension, community service, and the installation of an ignition interlock device (IID) on your car.2
In some states, DWI and DUI refer to the same type of charge. But in other states, these two charges are separate and have differing penalties. The exact definitions vary by location, but as an example, Washington, D.C., uses both DUI and DWI charges. You can be charged for driving under the influence in the nation’s capital if a judge determines you were unable to exercise clear judgment while driving your vehicle. And you may also face driving while intoxicated charges if you drive with a blood alcohol concentration (BAC) level of 0.08% or greater.3
Which is worse?
The penalties for a DWI and DUI vary by state. But in places where the two are separate charges, DUIs can sometimes carry harsher punishments.
In Maryland, for example, a first-time DUI can come with up to one year in jail, $1,000 in fines, and a six-month license suspension. A DWI in Maryland, on the other hand, comes with jail time of just two months maximum, $500 in fines, and a six-month license suspension (unless minor passengers are involved).4
Common DUI and DWI consequences
DUIs and DWIs can come with severe consequences, which vary widely from state to state.
Some potential consequences of DUIs and DWIs include:5
License suspension: Many states suspend your license after a DUI or DWI, making it illegal for you to drive in the state for up to two years.
Fines: Fines are common, too, and range anywhere from a few hundred dollars to thousands. You may also pay a fee to reinstate your license.
Jail time: States also require you to serve a jail term after a DUI or DWI. These can be as little as a few hours or up to one year, depending on the severity of the situation and any prior convictions.
Alcohol or drug treatment program: You also may be required to participate in a treatment program if your blood alcohol level is over a certain legal limit.
Community service: Completing community service is a common penalty and can sometimes be used in lieu of jail time.
Ignition interlock device (IID): You may also need to install an IID in your car — a type of breathalyzer test that you must pass before your motor vehicle will start.
Legal fees: You may need a criminal defense attorney when facing a DUI or DWI charge. NOLO estimates this to cost just under $2,000 for most people.
Increased car insurance premiums: Car insurance also becomes more expensive after a DUI or DWI, as insurers consider you to be a high-risk driver.
Other types of impaired driving violations
Some states don’t have DUIs or DWIs at all, while others have additional charges on top of these. For example, you can face DWI, DUI, and OWI charges — operating while impaired — in Washington, D.C., while in Iowa, no DWI or DUI charges exist at all.
Other possible charges include OVI (operating a vehicle under the influence of alcohol or drugs), OWVI (operating while visibly impaired), and DWAI (driving while ability impaired). Some states also have a BUI charge, which stands for “boating under the influence of drugs or alcohol.”
Impaired driving penalties by state
Laws and penalties surrounding DUIs, DWIs, and other similar charges vary from state to state and may include penalties like jail time, fines, and an ignition interlock device (IID).
See below for a breakdown of how each state treats a first DUI or DWI charge, according to legal platform NOLO.
How long does a DUI stay on your record?
A DUI conviction will always go on your record, but how long it stays there depends on your state. For example, in California, the criminal charge will remain on your record for 10 years. In Washington, it’s seven.
In some states, such as Indiana, a DUI or DWI conviction stays on your record permanently. Sometimes, you may be able to get your DUI conviction expunged after a certain number of years have passed or you’ve met certain conditions. Your DUI conviction may also follow you from one state to another.7
SR-22 after DUI conviction
In many states, a DUI conviction can cause you to lose your driver’s license temporarily. As a requirement for reinstating your license, you may need to get an SR-22 certificate — a special proof of insurance — and maintain your policy for a few years. Your insurer will also need to provide your state’s department of motor vehicles with the SR-22 before you can have your license reinstated.
The actual SR-22 document typically costs around $25 to file, but the cost of insurance after a DUI conviction or license suspension can be very high due to the high risk you now present as a driver. You may also face license reinstatement fees of $100 to $300, depending on your state.8
An FR-44 is similar to an SR-22 in that it provides proof of insurance after your license was suspended. But only Florida and Virginia use it.
DUI vs. DWI FAQs
Definitions for DUIs and DWIs vary depending on what state you’re in — as do the consequences of those charges. If you’re facing a DUI or DWI due to impaired or drunk driving, use this additional information to learn more.
Are a DWI and a DUI the same thing?
DWIs and DUIs can often refer to the same charge, though it depends on your state. Some states use them interchangeably, some have separate charges and penalties for each, and others use different terms entirely.
What is the difference between a DWI and a DUI?
Technically, a DWI refers to “driving while intoxicated,” while a DUI is “driving under the influence.” Exactly what constitutes those charges and the consequences they come with depends on what state you’re in.
Is a DUI or a DWI worse in Texas?
Texas doesn’t have DUI charges — only DWIs. For first-time offenders, a DWI charge in Texas comes with 72 hours to 12 months of jail time, up to $4,000 in fines, a license suspension of 90 days to 12 months, and sometimes, installing an ignition interlock device (a type of breath test) on your vehicle.9
What happens when you get a DUI?
DUIs and DWIs are serious offenses, though the exact consequences of getting a DUI depend on your state laws. Common penalties for DUI charges include fines, jail time, license suspension, community service, and installing an ignition interlock device on your vehicle. See the above chart for the DUI penalties in your state.
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