Around 37 Americans die as a result of drunk driving every day — about one person every 39 minutes.1 Driving under the influence (DUI), sometimes called a DWI (driving while intoxicated) or OUI (operating under the influence), is illegal. And if you’re charged, you may be sentenced to jail, fines, or community service, and you may lose your license. You can also expect your car insurance rates to go up.
Here’s what you need to know about DUIs.
Driving under the influence, or a DUI, is a crime that involves driving a vehicle while intoxicated or impaired by alcohol, drugs, or other controlled substances. A DUI charge typically occurs when law enforcement determines someone was operating a vehicle with a blood alcohol concentration above the legal limit or driving under the influence of drugs or other substances.
Driving drunk or on drugs is illegal in most states. But in some states, it could also be illegal to simply be in your vehicle under the influence — even if you haven’t put the car in gear. DUI laws may also vary depending on how impairment is determined.2
Depending on the state, the exact wording of DUI laws may differ. Yet “operating a vehicle” often means to be in physical control of a motorized vehicle.
Some states even include the phrase “attempted” DUI within their legal statutes. As a result, a law enforcement officer in certain states — like Nebraska — might only need to catch you sitting behind the wheel of a vehicle while intoxicated to arrest you for a DUI. In other states, like California, an officer typically has to catch you driving while intoxicated.3
Driving under the influence means operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher in most states or while under the influence of drugs. The exception to this rule is the state of Utah, where it’s illegal to drive with a BAC over 0.05% or greater than 0.04% for commercial vehicles.4
In many states, the terms DUI and DWI are somewhat interchangeable. But some states may consider these charges, along with OWIs, to be separate offenses.5
Here’s a closer look at each term and a description of what it means.
DUI is an acronym for “driving under the influence.” This is the term most states use to describe drunk driving.
DWI means “driving while intoxicated.” Several states use this term to describe the crime of drunk driving, including Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, New York, Texas, and West Virginia.
OWI stands for “operating while impaired.” In some states, an OWI describes a broader crime — operating a vehicle in any capacity. For example, in Indiana or Iowa, if you’re sitting in your vehicle while intoxicated (especially with the engine running), an officer might charge you with an OWI.
Some states may use other acronyms to describe the crime of impaired driving, including the following:
DUID: driving under the influence of drugs
DUII: driving under the influence of intoxicants
DUIL: driving under the influence of liquor
DUII-CS: driving under the influence of intoxicants or controlled substances
DWAI: driving while ability-impaired
DWUI: driving while under the influence
OVI: operating a vehicle while intoxicated
OMVI: operating a motor vehicle while impaired
OUI: operating under the influence
Driving under the influence of alcohol or drugs is illegal in all 50 states. But each state sets its own blood alcohol limits and has different names for its DUI charges — including those that occur below the legal drinking age.
Below is a closer look at DUI laws in different states.
A DUI offense can trigger steep consequences, such as fines, a suspended license, an arrest, or even jail time. For repeat offenders or more severe DUI violations, the legal punishment for crimes involving drug or alcohol abuse behind the wheel tends to be more severe.
In Texas, for example, the maximum penalty for even a regular first-time DWI offense is a class B misdemeanor, a $3,000 fine, and up to six months in jail. But a third offense is subject to a felony charge and, if convicted, carries a prison term of up to 10 years plus a maximum fine of $10,000.6
If you’re involved in an accident while driving drunk, you could face serious charges, including reckless driving or felony DUI charges if someone is injured or killed. Here are the DUI penalties in the top 10 states with the highest percentage of drivers with DUIs on their driving records, based on Insurify data.
The length of time a DUI remains on your driving record differs from one state to another. In some states, like Vermont, a DUI or DWI charge can stay on your driving record permanently. Other states may give you the chance to regain a clean driving record after five to 10 years.7
A DUI charge can have a major effect on your car insurance premiums. The national average full-coverage rate for a driver with a clean record is $182 per month, according to Insurify data. By comparison, drivers with a DUI pay a monthly average of $275 for full coverage.
Insurers charge drivers with a DUI more due to increased risk. Around 32% of all fatal car crashes in the U.S. involve drunk drivers, according to the National Highway Traffic Safety Administration. If you’re a high-risk driver, your insurer might decide not to renew your policy, and you could have trouble finding new coverage.
When you receive a DUI charge, you might also have to submit an SR-22 form to your state’s department of motor vehicles (DMV) to request the restoration of your driver’s license. This form proves that your car insurance meets the state’s minimum requirements.8
Getting SR-22 insurance can be expensive in DWI cases. And after a DUI conviction, you may need to keep this special coverage for a few years, depending on your state of residence. In Texas, for example, you need to maintain valid SR-22 coverage for at least two years after a DUI conviction.
As a result, if you’re in this situation, you may want to shop around and compare quotes from multiple insurance companies to make sure you find the best option available.
If you still have questions about DUIs and how they can affect your car insurance rates, check out the additional information below.
A DUI is a legal charge for drunk driving or driving while under the influence of alcohol or drugs. If you receive a DUI charge, it indicates that a law enforcement officer has charged you with operating a vehicle with a blood alcohol content level that’s above the legal limit for the state where you’re located.
A DWI stands for driving while intoxicated, according to Texas law. A DUI, by comparison, means driving under the influence and is a charge that law enforcement officers typically reserve for drivers younger than 21.
New Jersey refers to the crime of drunk driving as a DWI, or driving while intoxicated. It’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater in the Garden State.
In most states, it’s possible to receive jail time if you’re convicted of a DUI or a DWI — even on a first offense. Your exact penalty for being an intoxicated driver will vary depending on the state where you commit the offense, your age, the BAC test results, previous convictions, and other factors.
People often use the terms “DUI” and “impaired driving” interchangeably. But the exact legal meanings of the terms vary by state. In some jurisdictions, “impaired” might indicate a lower level of intoxication. You can typically find more specific details on your state’s department of motor vehicles website.
Drunk driving is a serious crime. In some states, even a first-time DUI will stay on your driving record permanently. Yet other states give you the chance to regain a clean driving record after five to 10 years.
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State  | What It’s Called | BAC Limit |
|---|---|---|
| Alabama | DUI |
|
| Alaska | DUI |
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| Arizona | DUI |
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| Arkansas | DUI, DWI, BUI, BWI |
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| California | DUI |
|
| Colorado | DUI, DWAI |
|
| Connecticut | DUI, OUI, DWI |
|
| Delaware | DUI |
|
| Florida | DUI |
|
| Georgia | DUI |
|
| Hawaii | DUI |
|
| Idaho | DUI |
|
| Illinois | DUI |
|
| Indiana | DUI, OWI |
|
| Iowa | OWI |
|
| Kansas | DUI |
|
| Kentucky | DUI, DWI |
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| Louisiana | DUI, DWI |
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| Maine | OUI |
|
| Maryland | DUI, DWI |
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| Massachusetts | DUI, OUI |
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| Michigan | OWI |
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| Minnesota | DWI |
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| Mississippi | DUI |
|
| Missouri | DWI |
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| Montana | DUI |
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| Nebraska | DUI |
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| Nevada | DUI |
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| New Hampshire | DUI, DWI |
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| New Jersey | DWI |
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| New Mexico | DWI |
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| New York | DWI, DWAI, DWAI-drug Agg-DWI |
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| North Carolina | DWI |
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| North Dakota | DUI |
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| Ohio | OVI |
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| Oklahoma | DUI, DWI |
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| Oregon | DUII |
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| Pennsylvania | DUI |
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| Rhode Island | DUI |
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| South Carolina | DUI |
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| South Dakota | DWI |
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| Tennessee | DUI |
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| Texas | DWI |
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| Utah | DUI |
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| Vermont | DUI, DWI |
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| Virginia | DUI |
|
| Washington | DUI |
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| Washington, D.C. | DUI, DWI |
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| West Virginia | DUI |
|
| Wisconsin | OWI, DUI, DWI |
|
| Wyoming | DUI |
|
State | DUI Penalties |
|---|---|
| Wyoming |
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| Minnesota |
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| Idaho |
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| South Dakota |
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| Alaska |
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| Iowa |
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| North Dakota |
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| Indiana |
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| Nebraska |
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| Montana |
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Background working with banks and insurance companies
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