DWI vs. DUI. How do they impact your insurance?
When considering DWI vs. DUIs, there isn’t a significant difference. A DUI (driving under the influence) sometimes refers to driving while under the influence of drugs or other chemical substances, while a DWI (driving while intoxicated) is specific to alcohol. However, many states don’t differentiate when defining a DWI vs. DUI. Whatever term your state uses, a DWI means an average increase in your insurance rates of 58% and penalties like drivers license suspension and even jail time.
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Michelle Robbins
Licensed Insurance Agent
Michelle Robbins has been a licensed insurance agent for over 13 years. Her career began in the real estate industry, supporting local realtors with Title Insurance. After several years, Michelle shifted to real estate home warranty insurance, where she managed a territory of over 100 miles of real estate professionals. Later, Agent Robbins obtained more licensing and experience serving families a...
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UPDATED: Jun 27, 2023
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UPDATED: Jun 27, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident car insurance decisions. Comparison shopping should be easy. We are not affiliated with any one car insurance provider and cannot guarantee quotes from any single provider.
Our car insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different car insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- Driving while intoxicated (DWI) and driving under the influence (DUI) are sometimes used interchangeably, while other times DWI refers to alcohol-related charges and DUI refers to drug allegations
- The term(s) used for driving while impaired vary by state, as do the penalties and the blood alcohol content level (Although the national maximum blood alcohol level is 0.08)
- Insurance rates can increase by as much as double the amount after a single DUI, although the average increase is approximately 58%
You likely have some questions if you have a DUI or a DWI (or another similar term) infraction on your driving record. What are the meanings of a DUI and a DWI? Do you need high-risk car insurance with a DWI or a DUI? What is an OWI?
A DUI is the result of reckless endangerment and failing a sobriety test. Read this article for everything you need to know about a DWI versus a DUI, impaired driving versus a DUI, an OWI versus a DUI, and more.
Before we dive into this overview of the difference between a DUI and a DWI and how each can affect your rates, why not take a moment to save on your insurance by comparison shopping? Enter your ZIP code into the tool on this page to obtain free quotes from companies in your area right now.
What is a DWI or a DUI, and will it impact your insurance rates?
We know that all the terms relative to driving while intoxicated (DWI) can become confusing. DWI vs DUI. Is it a DWI, a DUI, or an OWI? Are the terms merely different ways of stating the same thing? Don’t worry — we have the answers.
Driving while intoxicated is abbreviated as DWI and generally refers to driving while under the influence of alcohol. In contrast, a DUI refers to “driving under the influence” and can indicate driving under the influence of alcohol or any other chemical substance (including drugs for which you have a prescription). Finally, OWI stands for “operating while intoxicated.”
While there are subtle differences among the terms, in most cases, the governing phrase is dependent on where you live (The table in the next section notes the correct term for the designation state).
These are some additional, less common terms:
- OUI – Operating under the influence
- OVUII – Operating a vehicle under the influence of an intoxicant
- ADWI – Aggravated driving while intoxicated
- OVI – Operating a vehicle under the influence
- DUII – Driving under the influence of intoxicants
- DAI – Driving after imbibing
We’ll talk more about blood alcohol levels later, but in short, if you’re caught driving with a blood alcohol concentration (BAC) level of 0.08, you’ll be charged with a DUI (or whatever term applies in your state). Don’t assume that means you’re safe if you’ve had a drink and get behind the wheel with a lower BAC.
You could still be charged with a DUI if you fail a sobriety test with a lower BAC. Depending on your age and where you live, even a BAC of 0.01 could mean a formal DUI charge (This usually applies to drivers who are under the legal drinking age). In some states, a DUI and a DWI are considered separate charges with different penalties. A DWI is typically considered more severe than a DUI in those instances.
When it involves your insurance rates, the short answer is that a DUI, a DWI, and an OWI, etcetera can and will affect your rates. On average, your rates could increase by 58% with a single offense. In the following sections, we’ll elaborate as to how your rates can be affected by a DUI and a DWI.
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DWI vs DUI. How do DUIs and DWIs affect your insurance rates?
As noted previously, DUIs and DWIs can significantly impact your insurance rates. In most cases, if you’re charged with a DUI offense, you’ll face several penalties that can include anything from a suspension of your driver’s license and fines to community service and jail time. Once you’re able to drive again, the DUI infraction will be listed on your record. And, as you might expect, it automatically classifies you as a high-risk driver.
Not only will your rates increase (review the table in the next section for details), but you may also find it difficult to purchase coverage, as some auto insurance companies refuse to sell coverage to high-risk drivers. If you find that you’re unable to purchase car insurance coverage after multiple attempts, you can contact the Automobile Insurance Plan Service Office (AIPSO).
The AIPSO works with states to offer high-risk insurance plans to ensure that you can obtain the coverage you need. However, be prepared for increased minimum coverage limits and even higher rates with a high-risk insurance plan.
How much will your rate increase?
As mentioned earlier, the national average alteration in your rates with a single DUI is an increase of 58%. Take a look at this table for average rate changes from some major insurance companies across the country.
Average Change in Rates Based on a Clean Driving Record and a Driving Record With a DUI by Insurance Company
| Insurance Company | Average Monthly Rate with a Clean Driving Record | Average Annual Rate with a Clean Driving Record | Average Monthly Rate with One DUI | Average Annual Rate with One DUI |
|---|---|---|---|---|
| USAA | $161.14 | $1,933.68 | $292.17 | $3,506.03 |
| State Farm | $235.10 | $2,821.18 | $378.60 | $4,543.20 |
| Progressive | $282.76 | $3,393.09 | $393.23 | $4,718.75 |
| Travelers | $287.31 | $3,447.69 | $406.32 | $4,875.87 |
| Farmers | $288.38 | $3,460.60 | $478.45 | $5,741.40 |
| Allstate | $318.33 | $3,819.90 | $521.73 | $6,260.73 |
| Liberty Mutual | $397.86 | $4,774.30 | $634.46 | $7,613.48 |
If you have a DUI and are looking for affordable car insurance, Progressive may be worth considering, as the company has the lowest average increase at 39%. By contrast, Farmers increases rates by an average of 67% after a single DUI offense. But depending on your situation and where you reside, your rates could even double after a DUI infraction.
How long will a DWI vs DUI impact your insurance rate?
Typically, your insurance rates will be impacted by a DUI offense for anywhere between three and five years if you commit no further traffic infractions during that timeframe. Once your DUI offense falls off your record, you should see lower rates at your next policy renewal. If you had a high-risk plan through AIPSO or a similar organization, you may be able to purchase standard coverage once the DUI is removed from your insurance record.
What is the blood alcohol limit for getting a DUI?
The blood alcohol concentration (BAC) limit, which refers to the maximum legal amount of alcohol that can be in your system to drive legally, is 0.08 at the federal level. However, individual states may have different DUI or DWI BAC levels. Keep reading to find out what the BAC level is in your state.
How do DWI vs DUI drunk driving laws differ by state?
Drunk driving and resulting DUIs, DWIs, etcetera are not federally defined or handled. The responsibility for setting limits (within the federal 0.08 BAC level) and any ensuing legal consequences is managed at the state level, which indicates that different states have different BAC levels, different charges, and different penalties. View the table below to discover what we mean and to determine your state’s process.
DUI/DWI/OWI Facts and Laws by State
| State | BAC Limit | Formal Name for Offense | Criminal Status by Offense | Lookback Period/Duration the Offense Remains on Your Record | 1st Offense – Possible Penalties |
|---|---|---|---|---|---|
| Alabama | 0.08 | Driving Under the Influence (DUI) | 1st-3rd misdemeanors, 4th+ in 5 years class C felony | 5 years | -Automatic License Suspension (ALS): mandatory 90 days -Imprisonment: Up to 1 yr in municipal or county jail (no minimum) -Fines: $500-$2,000 +$100 for Impaired Drivers Trust Fund -Other: Mandatory DUI school |
| Alaska | 0.08 | Driving Under the Influence (DUI) / Operating Under the Influence (OUI) | 1st-2nd class A misdemeanors, 3rd+ in 10 years class C felony | 15 years | -ALS: 90 days -Imprisonment: mandatory minimum of 72 consecutive hours -Fines: f $1,500 min +$200 license reinstatement fee -Other: SR-22 liability insurance required for 5 years, possible attendance at ASAP endorsed treatment program; mandatory interlock 1 year |
| Arizona | 0.08 | Driving Under the Influence (DUI) | 1st-2nd class 1 misdemeanor, 3rd+ class 4 felony | 7 years | -ALS: 90-360 days -Imprisonment: Minimum of 1 to 10 days -Fine: Minimum $250 |
| Arkansas | 0.08 | Driving While Intoxicated (DWI) | 4th+ within 5 years is a felony. (otherwise unclassified) | 5 years | -ALS: 6 months -Imprisonment: 24 hours - 1 year, or community service -Fine: $150-$1000 -Other: For license reinstatement, must complete approved treatment or education program and a Victim Impact Panel +$150 reinstatement fee; interlock device equal to license suspension time |
| California | 0.08 | Driving Under the Influence (DUI) | Non-injury DUI are misdemeanors. 4th+ felony if offender sentenced to incarceration in state prison. | 10 years | -ALS: 4 months -Imprisonment: 96 hours to 6 months, including 48 continuous hours -Fines: $390-$1000 -Other: $125 license reinstatement fee ($100 under 21 yr. old suspended under Zero Tolerance Law) +CA Ins Proof Certificate (SR 22/SR 1P) +DUI program for license reinstatement |
| Colorado | 0.05 - DWAI 0.08 - DUI | Driving Under the Influence (DUI) | 1st-3rd misdemeanors, 4th+ class 4 felony. | no official period | -ALS: 9 months -Imprisonment: 5 days-1 year -Fines: $600-$1000 -Other: 24-48 hours public service |
| Connecticut | 0.08 | Driving Under the Influence (DUI) | 1st misdemeanor, 2+ within 10 years felonies. | 10 years | -ALS: 45 days +1 year with ignition interlock device (IID) -Imprisonment: Either 1) up to 6 months w/mandatory 2-day min or 2) up to six months suspended with probation requiring 100 hours community service -Fines: $500-$1000 |
| Delaware | 0.08 | Driving Under the Influence (DUI) | 1st-2nd unclassified misdemeanors, 3rd class G felony, 4th-5th class E felonies, 6th class D felony, 7th class C felony. | 10 years for 2nd offense, unlimited/lifetime for 3rd+ | -ALS: 12 months -Imprisonment: No minimum -Fines: $500 -Other: IID Installed for 12-23 months on one vehicle registered in offenders name after serving 30 days of revocation period and enrollment in a rehabilitation program. |
| Florida | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd+ within 10 years is a 3rd-degree felony. | 10 years for 3rd offense, unlimited/lifetime for 4th+ | -ALS: 180 days min up to 1-year -Imprisonment: 8hrs minimum, but not more than 6 months; with high BAC or minor in the car, not more than 9 months; for a first conviction, the total period of probation and incarceration may not exceed 1 year -Fines: $500-$1000; High BAC or minor in the car, $1000-$2000 -Other: Car impounded for 10 days unless the family has no other transportation; mandatory 50 hours community service or additional fine of $10 for each hour of CS required |
| Georgia | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd high and aggravated misdemeanor, 4th+ felony | 10 years | -ALS: 120 days minimum up to 1-year -Imprisonment: 10 days - 12 months, can all be suspended at judge's discretion unless HBAC, then all but 24 hours can be suspended -Fines: $300-$1000 -Other 20-40 hours community service |
| Hawaii | 0.08 | Driving Under the Influence (DUI) / Operating a Vehicle Under the Influence of an Intoxicant (OVUII) | 1st-3rd petty misdemeanors, 4th+ class C felony | 5 years | -ALS: 1-year -Imprisonment: 48 hours-5 days -Fines: $150-$1000 +$25 to neurotrauma special fund +$25 to trauma system special fund if court-ordered -Other: 14-hour min rehab program; may require 72 hours community service; IID for 1 year |
| Idaho | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 2nd or subsequent with BAC > 0.20 felony, 3rd+ felony. DUI with bodily harm or disfigurement is a felony. | 10 years for DUI, 5 years for HBAC | -ALS: 90-180 days -Imprisonment: no minimum, but up to 6 months -Fines: no minimum, but up to $1000 |
| Illinois | 0.08 | Driving Under the Influence (DUI) | 1st-2nd class A misdemeanor, 3rd-4th class 2 felony, 5th class 1 felony, 6th+ class X felony | 10 years | -ALS: 1-year -Imprisonment: no minimum, but up to 1 year -Fines: $500 to $2500 -Other: before driving privileges restored, must complete substance evaluation and treatment program +high-risk auto insurance for 3 years. |
| Indiana | 0.08 | Operating While Intoxicated (OWI) | 1st class C misdemeanor, 1st High BAC class A misdemeanor; subsequent convictions within 5 years class D felony | 5 years | -ALS: 30 days - 2 years OR probation with rehabilitation course -Imprisonment: no minimum, but up to 1 year -Fines: $500 to $5000 -Other: may be required to: attend victim impact panel, submit to urine testing and other terms of probation |
| Iowa | 0.08 | Operating While Intoxicated (OWI) | 1st serious misdemeanor, 2nd aggravated misdemeanor, 3rd+ class D felony | 12 years | -ALS: 180 days but may apply for a temporary restricted license; if the crash occurred or BAC > .10, must install IID -Imprisonment: 48 hours up to 1 year; min 48 hours may be served in OWI program with law enforcement security -Fines: $625 up to $1250 OR community service -Other: must complete substance abuse evaluation and treatment program and might be assigned a reality education substance abuse prevention program |
| Kansas | 0.08 | Driving Under the Influence (DUI) | 1st class B non-person misdemeanor, 2nd class A non-person misdemeanor, 3rd+ non-person felony | 10 years | -ALS: 30-day suspension then 330-day restriction -Imprisonment: 48 hours mandatory OR 100 hours community service -Fines: $500-$1000 -Other: must complete substance abuse evaluation and treatment program; the vehicle can be impounded for up to 1 year |
| Kentucky | 0.08 | Driving Under the Influence (DUI) | 1st class B misdemeanor, 2nd-3rd within 5 years class A misdemeanors, 4th+ class D felony | 10 years | -ALS: 30-120 days -Imprisonment: 2-30 days -Fines: $200-$500 Other: 90 days of alcohol or substance abuse program; possible 48 hours-30 days of community labor |
| Louisiana | 0.08 | Driving Under the Influence (DUI) | 1st-2nd not classified, 3rd either a misdemeanor or felony, 4th felony | 10 years | -ALS: 1 year/hBAC 2 years -Imprisonment: 48 hours in jail + up to 6 months OR fine; up to 2 years probation -Fines: $300-$1000 +$100 reinstatement fee -Other: 30 hours reeducation, 32+ hours community service, half must be street garbage pickup |
| Maine | 0.08 | Operating Under the Influence (OUI) | 1st-2nd class D crime, 3rd+ within 10 years class C crimes | 10 years | -ALS: 150 days min w/ or w/o aggravating factors -Imprisonment: none; 48 hours min with aggravating factors -Fines: $500 |
| Maryland | 0.08 | Driving Under the Influence (DUI) | all misdemeanors | 5 years | -ALS: 6 months -Imprisonment: no minimum, but up to 1 year -Fines: no minimum, but up to $1000 -Other: 12 points on license |
| Massachusetts | 0.08 | Operating Under the Influence (OUI) | 1st-2nd unclassified, 3rd+ felonies | unlimited/lifetime | -ALS: 1 year after the date of conviction; may apply for work/education provisional license after 3 months -Imprisonment: no minimum, but up to 2.5 years -Fines: $500-$5000 -Other: May be granted two-year parole with a 2-week treatment program |
| Michigan | 0.08 | Operating While Intoxicated (OWI) | 1st-2nd unclassified, 3rd+ felonies | 7 years for 2nd offense, unlimited/lifetime for 3rd+ | -ALS: mandatory 6 months; may be eligible for a restricted license after 30 days -Imprisonment: 5 days - 1 year consecutive jail time OR 30-90 community service -Fines: $100-$500 -Other: 6 points on record; possible IID |
| Minnesota | 0.08 | Driving While Impaired (DWI) | 4th-degree offense w/no aggravating factors is a misdemeanor; 3rd-degree offense w/one aggravating factor is a gross misdemeanor; 2nd-degree offense w/two aggravating factors is a gross misdemeanor; 1st-degree offense w/3+ aggravating factors is a felony (Aggravating Factors: 1) any prior drunken driving offense 2) driving with BAC > 0.19 3) driving w/passenger <16 yo if the passenger is more than 36 months younger than driver | 10 years | -ALS: revoked for 90 days (180 days if under 21) -Imprisonment: no minimum, but up to 90 days -Fines: $1000 |
| Mississippi | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd+ felonies with 4th automatic felony carrying 2-10 yrs. in prison | 5 years | -ALS: 90 days +completion of alcohol safety program unless received IID license -Imprisonment: no minimum. 48 hours OR attend victim impact panel -Fines: $250-$1000 -Other: complete alcohol safety program within 1 year |
| Missouri | 0.08 | Driving While Intoxicated (DWI) | 1st intoxication offense class B misdemeanor, first per se offense class C misdemeanor, 2nd class A misdemeanors, 3rd class D felony, 4th+ class C felony | 5 years | -ALS: 30-day suspension, may be eligible for restricted driving privilege -Imprisonment: no minimum -Fines: no minimum |
| Montana | 0.08 | Driving Under the Influence (DUI) | 1st-3rd misdemeanors, 4th+ felonies | 10 years for 2nd offense, unlimited/lifetime for 3rd+ | -ALS: 6-month suspension -Imprisonment: 24 hours-6 months -Fines: $600-$1000 +$200 reinstatement fee -Other: 10 license points for life; must participate in ACT phases (assessment, course, treatment); may be ordered to use IID |
| Nebraska | 0.08 | Driving Under the Influence (DUI) | 1st-3rd w/in 15 years class W misdemeanors, 4th w/in 15 years class IIIA felony, 5th+ w/in 15 years class III felonies, Injury related DUI class IIIA felony. If a driver with prior felony conviction with BAC >0.15 is caught driving with BAC >0.02, class IIIA misdemeanor in addition to any other penalties. | 15 years | -ALS: 2 months minimum; may be served with IID upon court order. If given probation or suspended sentence: 60 day DL revocation -Imprisonment: 7-60 days probation/suspended sentence: 10 days in jail or 240 hours community service -Fines: no minimum, but up to $500 -Other: SR-22 for three years |
| Nevada | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd+ in 7 years category B felonies | 7 years | -ALS: 90 days; eligible for a restricted license after half of revocation period -Imprisonment: 2 days - 6 months OR 96 hours community service -Fines: $400-$1000 -Other: SR-22 for three years; pay $150 for DUI school; may be ordered to attend a treatment program |
| New Hampshire | 0.08 | Driving While Intoxicated (DWI) | 1st class B misdemeanor, 2nd-3rd non-injury Class A misdemeanors, 4th+non-injury felony, DUI with serious bodily injury class B felony | 10 years | -ALS: 9 months - 6 years, 6 months can be suspended if enrolled in 20 hours of Impaired Driver Intervention Program -Imprisonment: no minimum -Fines: $500 min |
| New Jersey | 0.08 | Driving Under the Influence (DUI) | drunken driving is a "violation" not a "crime" | 10 years | -ALS: BAC 0.08-0.99: 3 months; BAC 0.10-0.14: 7 months-1 year; BAC 0.15+: 7 months - 1year, IID during suspension and 6 months - 1 year following restoration -Imprisonment: minimum 12 hrs. BAC 0.08+: up to 30 days -Fines: BAC 0.08-0.99: $250-$400; BAC 0.10-0.14: $300-$500; BAC 0.15+: $300-$500; BAC 0.08+ $3505 in fees and surcharges -Other: 12-48 hours Intoxicated Driver Resource Center (IDRC) |
| New Mexico | 0.08 | Driving While Impaired (DWI) | 1st-3rd not classified, a 4th-5th fourth-degree felony, 6th+ third-degree felony | unlimited/lifetime | -ALS: 6 months - 1year (if under 21, 1 year) -Imprisonment: no minimum, but up to 90 days; High BAC additional 2 days jail mandatory -Fines: No minimum -Other: DWI school, evaluation, IID for 1 year, community service |
| New York | 0.05 - DWAI 0.08 - DUI | Driving While Intoxicated (DWI); High BAC Aggravated Driving While Intoxicated (ADWI) | DWAI:1st traffic violation, 2nd+ misdemeanors; DWI: 1st misdemeanor, 2nd in 10 years class E felony, 3rd+ in 10 years class D felony | 10 years for 2nd offense, 15 years for 3rd+ | -ALS: revoked for at least 6 months; ADWI: 1-year min -Imprisonment: no minimum, but up to 1 year; ADWI: up to 1 year -Fines: $500-$1000; ADWI: $1000-$2500 |
| North Carolina | 0.08 | Driving While Impaired (DWI) | 1st-3rd classified as level 1-5 based on sentence length, 4th+ class F felony | 7 years | -ALS: 60-day suspension, 1-year revocation -Imprisonment: 1-day minimum. -Fines: no minimum |
| North Dakota | 0.08 | Driving Under the Influence (DUI) | 1st and 2nd offense within 7 years are class B misdemeanors. 3rd offense within 7 years is a Class A misdemeanor. 4th and subsequent offenses within 15 years are Class C felonies. | 7 years | -ALS: 91 days minimum Imprisonment: no minimum -Fines: $500 minimum |
| Ohio | 0.08 | Operating a Vehicle Under the Influence (OVI) | 1st-2nd first degree misdemeanors, 3rd misdemeanor, 4th in 6 years fourth-degree felony, + in any time period third-degree felony | 10 years | -ALS: 6 months minimum, but up to 3 years; 15 days before eligible for restricted driving privileges with IID -Imprisonment: 3 days jail or 3 days DIP - 6 months (If the court grants unrestricted driving privilege with IID, mandatory jail time suspended.) -Fines: $250-$1075; license reinstatement fee $475 -Other: 6 points on driving record; up to 5 years probation, optional treatment order, optional restricted plates |
| Oklahoma | 0.08 | Driving While Intoxicated (DWI) | 1st misdemeanor, 2nd+ in 10 years felonies | 10 years | -ALS: 1 month up to 6 months -Imprisonment: 5 days - 1 year -Fines: no minimum, but up to $1000 -Other: IID required if BAC 0.15+ for 18 months |
| Oregon | 0.08 | Driving Under the Influence of Intoxicants (DUII) | 1st-3rd class A misdemeanors, 4th+ class C felonies | 10 years | -ALS: 1-year -Imprisonment: 2 days - 1 year OR 80 hours community service -Fines: min $1000 for BAC; min $2000 for HBAC; up to $10000 if the child in car -Other: drug and alcohol program, participation in victim impact panel, IID for 1 year after license suspension |
| Pennsylvania | 0.08 | Driving After Imbibing (DAI) | 1st-2nd misdemeanors, 3rd+ second degree misdemeanors | 10 years | -ALS: no minimum Imprisonment: no minimum, but up to 6 months probation -Fines: $300 -Other: alcohol hwy safety school, treatment when ordered |
| Rhode Island | 0.08 | Driving While Intoxicated (DWI) | 1st-2nd non-injury misdemeanors, 3rd+ non-injury felony. DUI w/serious bodily injury is a felony. | 5 years | -ALS: 60 days - 18 months -Imprisonment: no minimum, but up to 1 year or 10-60 hours community service -Fines: $100-$500 +$500 to hwy assessment fund -Other: possible attendance to a treatment program; SR-22 insurance |
| South Carolina | 0.08 | Driving Under the Influence (DUI) | 1st misdemeanor, 2nd in 10 years class C misdemeanor, 3rd in 10 years class A misdemeanor, 4th+ in 10 years class F felonies. | 10 years | -ALS: 6 months -Imprisonment: 48 hours - 30 days -Fines: $400 minimum ($992 with assessments and surcharges) |
| South Dakota | 0.08 | Driving Under the Influence (DUI) | 1st-2nd class 1 misdemeanors, 3rd in 10 years class 6 felony, 4th in 10 years class 5 felony, 5th+ class 4 felonies | 10 years | -ALS: 30 days - 1-year -Imprisonment: no minimum, but up to 1 year -Fines: $2,000 minimum |
| Tennessee | 0.08 | Driving Under the Influence (DUI) | 1st-3rd class A misdemeanors, 4th+ in 10 years class E felony | 10 years | -ALS: 1-year -Imprisonment: 48 hours - 11 months; HBAC: min 7 consecutive days -Fines: $350-$1500 -Other: DUI school required, the court may require IID and/or addiction treatment |
| Texas | 0.08 | Driving While Intoxicated (DWI) | 1st class B misdemeanor, 2nd in 5 years class A misdemeanor, 3rd+ third-degree felonies | unlimited/lifetime for sentencing; 5 years for 2nd+ when determining the need for IID | -ALS: 90 days - 1 year, may be eligible for hardship permit -Imprisonment: 72 hours - 6 months -Fines: no minimum, but up to $2000 +conviction based surcharge of $1000 for three consecutive years; if HBAC, the surcharge is $1500 for three consecutive years -Other: 24-100 hours community service; required evaluation, DUI education, and victim impact panel; possible IID |
| Utah | 0.05 | Driving Under the Influence (DUI) | 1st-2nd class B misdemeanors, 3rd+ in 10 years third-degree felonies | 10 years | -ALS: 120 days; alcohol restricted driving privilege 2 years -Imprisonment: min 48 consecutive hours OR 48 hours community service OR home confinement -Fines: $1,310 min -Other: IID 18 months |
| Vermont | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd+ felonies | unlimited/lifetime | -ALS: 90 days -Imprisonment: no minimum, but up to 2 years -Fines: no minimum, but up to $700 -Other: Alcohol and Driving Education Program required |
| Virginia | 0.08 | Driving Under the Influence (DUI) | 1st-2nd class 1 misdemeanors, 3rd+ in 10 years class 6 felony | 10 years | -ALS: 1 year, restricted permit possible -Imprisonment: up to 1 year; if BAC 0.15-0.19, mandatory 5 days; if BAC .20+, mandatory 20 days -Fines: $250 mandatory minimum -Other: VA Alcohol Safety Action Program (VASAP) required; IID required if BAC 0.15+ |
| Washington | 0.08 | Driving Under the Influence (DUI) | 1st-4th gross misdemeanor, 5th+ class B felony | 7 years | -ALS: 90 days -Imprisonment: 24 consecutive hours - 365 days OR 15 days electronic home monitoring -Fines: $865.50-$5000 -Other: IID 1 year, addiction education or treatment as ordered |
| West Virginia | 0.08 | Driving Under the Influence (DUI) | 1st-2nd misdemeanors, 3rd+ in 10 years felonies | 10 years | -ALS: 15 days -Imprisonment: no minimum, but up to 6 months -Fines: $100-$500 -Other: IID possible |
| Wisconsin | 0.08 | Operating While Intoxicated (OWI) | 1st municipal offense, 2nd-3rd misdemeanors, 4th in 5 years and 5th-6th anytime class H felony, 7th-9th class G felony, 10th+ class F felony | 10 years | -ALS: 6-9 months. If 2nd in 10 years: occupational license can be applied for in 45 days. If 2nd in 11+ years: occupational license can apply immediately. -Imprisonment: none, unless passenger under 16 in the vehicle: 5 days - 6 months -Fines: $150-$300 +$365 OWI surcharge -Other: IID required for HBAC, alcohol assessment required, 6 points on license |
| Wyoming | 0.08 | Driving Under the Influence (DUI) | 1st-3rd non-injury misdemeanor, 4th+ non-injury in 10 years felony, serious injury DUI is felony | 10 years | -ALS: 90 days -Imprisonment: no minimum, but up to 6 months -Fines: no minimum, but up to $750 -Other: Substance Abuse Assessment required; IID required for 6 months if HBAC |
| Washington DC | 0.08 | Driving Under the Influence (DUI) | all are misdemeanors | 15 years | -ALS: 6 months -Imprisonment: No minimum, but up to 90 days. if BAC .20-.25: mandatory 5 days. If BAC .25+: mandatory 10 days -Fines: up to $300 -Other: Alcohol Diversion Program possible if BAC <.16 |
We only listed possible penalties for the first offense, but a second, third, or even fourth offense has more severe consequences.
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Case Studies: Exploring the Impact of DWI vs. DUI on Insurance
Case Study 1: John’s DWI Consequences
John, a resident of State X, was pulled over and charged with a DWI (driving while intoxicated) after failing a breathalyzer test with a blood alcohol concentration (BAC) of 0.10. As a result, his insurance rates increased by 58%. He also faced penalties such as the suspension of his driver’s license and potential jail time.
Case Study 2: Sarah’s DUI Offense
Sarah, a resident of State Y, was arrested for a DUI (driving under the influence) when she tested positive for drugs during a traffic stop. Although her BAC was below the legal limit, her impairment led to a formal DUI charge. Consequently, her insurance rates increased by 58%, and she faced similar penalties to those associated with a DWI offense.
Case Study 3: Mark’s OWI Infraction
Mark, a resident of State Z, was charged with an OWI (operating while intoxicated) for driving under the influence of alcohol. While the terminology differed in his state, the consequences were similar to those of a DWI or DUI. Mark experienced a 58% increase in his insurance rates and faced potential license suspension and other penalties.
DWI vs. DUI: The Bottom Line
Driving after you’ve had a couple of drinks may not seem like a big deal, but if you’re caught, it comes with serious consequences. In addition to a significant increase in insurance rates, you’ll face penalties that include anything from a fine and temporary suspension of your driver’s license to jail time.
You’re also putting yourself and anyone else around you in danger when you choose to drink (or use some other chemical substance) and drive. According to Responsibility.org, nearly 29% of vehicle fatalities in the U.S. resulted from alcohol impairment, and over a million people were arrested for driving under the influence.
Whether or not you have a DWI offense or a DUI infraction on your record, one way to save on your rates is to compare quotes from at least three companies. You can get started by entering your ZIP code into our comparison tool to obtain free quotes from top companies.
Frequently Asked Questions
How will a DWI or DUI affect my insurance rates?
A DWI or DUI typically results in an average increase of 58% in insurance rates, as it indicates that you are a high-risk driver. You may also face penalties like drivers license suspension and even jail time.
Do I need high-risk car insurance with a DWI or DUI?
Yes, you will likely need to get high-risk car insurance with a DWI or DUI, as it may be challenging to find coverage from standard insurance companies. High-risk insurance is more expensive than standard insurance, but it may be necessary to legally operate a vehicle.
What is an OWI?
An OWI (operating while intoxicated) is another term that is sometimes used interchangeably with DWI or DUI, depending on the state you live in.
Can I still be charged with a DUI even if my blood alcohol level is below 0.08?
Yes, you can still be charged with a DUI if you fail a sobriety test or show signs of impairment, even if your blood alcohol level is below the legal limit of 0.08. In some states, even a BAC of 0.01 could result in a formal DUI charge for drivers who are under 21.
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Michelle Robbins
Licensed Insurance Agent
Michelle Robbins has been a licensed insurance agent for over 13 years. Her career began in the real estate industry, supporting local realtors with Title Insurance. After several years, Michelle shifted to real estate home warranty insurance, where she managed a territory of over 100 miles of real estate professionals. Later, Agent Robbins obtained more licensing and experience serving families a...
Licensed Insurance Agent
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