DUI vs DWI: There are important distinctions between a DUI and a DWI. The consequences vary depending on the state where the offense occurred—driving while intoxicated (DWI) and driving under the influence (DUI) are two different terms that can signify very other things depending on the circumstances.
Whether a driver is charged with a DUI or a DWI, the consequences for their driving record are likely to be the same.
Three people are murdered in drunk driving accidents on the highway every two hours. Even more sobering: among serious crimes, DUIs and DWIs had one of the highest arrest rates, with almost 1.4 million arrests in 2010 — the most recent year for which data is available.
DUI vs DWI
What are the DUI and DWI?
Getting a DUI and a DWI are two different things. While a DUI refers to driving while intoxicated or impaired, a DWI relates to driving under the influence of alcohol or drugs. Driving under the influence (DUI) can refer to alcohol and drug use while behind the wheel. To be clear, the drugs don’t have to be illegal.
DUI charges can be brought against people who have used prescription or over-the-counter medicines and been intoxicated.
If an officer determines that you could not drive safely, you will be charged with a DUI or a DWI.
While the language distinctions may appear to be a semantics game, the fundamental differences between these two charges are ultimately established by the state in which the incident occurred and the BAC limitations set.
DUI and DWI cases differ from state to state. Some states prosecute an individual operating a motor vehicle while under the influence of alcohol or drugs with another set of charges.
OUI and OWI
In several states, drivers may be charged with either an OUI or an OWI. Operating under the influence of intoxicating liquor is an OUI, and driving while drunk is an OWI. Currently, five states utilize this language when prosecuting drivers for similar offenses.
- Indiana: OWI
- Iowa: OWI
- Maine: OUI
- Massachusetts: OUI
- Michigan: OWI
Blood Alcohol Level Legal Limits
All states in the United States consider driving with a BAC of 0.08 percent or above impaired driving. Some states, like Colorado, impose additional criminal penalties for blood alcohol concentrations above 0.05 percent and similar, harsher punishments for repeat offenders.
Because young adults under 21 are not legally allowed to drink in the United States, drivers under 21 are generally prohibited from having a blood alcohol concentration (BAC) of more than 0.02 percent or are subject to zero-tolerance rules.
Blood Alcohol Level Legal Limits All states in the United States consider driving with a BAC of 0.08 percent or above impaired driving. Some states, like Colorado, impose additional criminal penalties for blood alcohol concentrations above 0.05 percent and similar, harsher punishments for repeat offenders. Because young adults under 21 are not legally allowed to drink in the United States, drivers under 21 are generally prohibited from having a blood alcohol concentration (BAC) of more than 0.02 percent or are subject to zero-tolerance rules. Other governing organizations may also set specific BAC limits to prohibit drunk or drugged driving and severely punish violators. The Federal Motor Carrier Safety Administration, for example, charges a 0.04 percent BAC limit for commercial drivers who need a commercial driver’s license.
Other governing organizations may also set specific BAC limits to prohibit drunk or drugged driving and severely punish violators. The Federal Motor Carrier Safety Administration, for example, charges a 0.04 percent BAC limit for commercial drivers who need a commercial driver’s license.
Differences Between States
The consequences of a DUI or DWI differ from state to state. Depending on the state where you live, the legal limit for intoxication can change dramatically. While most states charge a driver with a DUI if their blood alcohol content (BAC) is 0.08 percent or higher, Utah charges a driver with a DUI if their BAC is 0.05 percent or higher.
Furthermore, if your BAC is at least 0.15 percent in certain states, penalties might be increased.
A DUI or DWI conviction will almost always result in a license suspension and alcohol education and treatment requirements. The duration of your license suspension is determined by whether this is your first, second, or third offense and where you live.
If you get a DUI in Alaska and it’s your first offense, you could face a 90-day license suspension, whereas the same charge in Connecticut could result in a one-year license suspension. Your vehicle may be impounded or have an ignition interlock device placed depending on where you live.
DUI or DWI Offense
| State | Type | First offense | offense second | Subsequent offenses |
|---|---|---|---|---|
| Alabama | DUI | Fines of up to $2,100, a year in prison, and a 90-day license suspension | Fines of up to $5,100, a year in prison, and a minimum license suspension of 45 days are all possible penalties. | – |
| Alaska | DUI | Minimum penalties include a $1,500 fine, 72 hours in jail, and a minimum 90-day license suspension. | 20 days in prison, a minimum punishment of $3,000, and a one-year license suspension (within 15 years of the first DUI) | 60 days in prison, a minimum fine of $4,000, and a three-year license suspension
(within 15 years after a second DUI conviction) |
| Arizona | DUI | Up to ten days in prison and a minimum fine of $250 | A $500 fine and up to 90 days in prison | a minimum of four months in prison and a base fine of $750 |
| California | DUI | Fines of up to $1,000, jail time of up to 6 months, license suspension of up to 6 months, and DUI school | Fines of up to $1,000, a year in prison, a year’s license suspension, and DUI school or SB 38 | Fines of up to $1,000, a year in prison, a two-year license suspension, and traffic school are all possible consequences. |
| Colorado | DUI | Fines of up to $1,000, a year in prison, a 9-month license suspension, community service, and DMV points are all possible consequences. | Fines of up to $1,500, a year in prison, a year’s license suspension, community service, and DMV points are all possible penalties. | Fines of up to $1,500, a year in prison, a two-year license suspension, community service, and DMV points are all possible consequences. |
| Connecticut | DUI | Fines of up to $1,000 and a year in prison are possible penalties. | Fines of up to $1,000 and up to two years in prison are possible penalties. | Fines of up to $1,000 and up to three years in prison are possible penalties. |
| Delaware | DUI | Minimum fine of $1,500, up to one year in prison, and a two-year license suspension | a $2,500 minimum fine, an 18-month minimum jail sentence, and a license suspension of up to 30 months | a $2,500 minimum fine, an 18-month minimum jail sentence, and a license suspension of up to 30 months |
| District of Columbia | DUI, DWI | Fines of up to $1,000, up to 180 days in jail, and a six-month license suspension | Fines of up to $5,000, up to 180 days in jail, and a one-year licensee suspension are all possible penalties. | Fines of up to $10,000, a year in prison, and a two-year license suspension |
| Florida | DUI | Fines of up to $1,000, up to 180 days in jail, and a six-month license suspension | Fines of up to $5,000, 180 days in jail, and a one-year license suspension are all possible penalties. | Fines of up to $10,000, a year in prison, and a two-year license suspension |
| Georgia | DUI | Fines of at least $300, up to ten days in jail, license suspension, and community service are all possibilities. | Fines of at least $1,000, up to one year in prison, a one-year license suspension, and community service are all possible penalties. | $5,000 in fines, up to one year in prison, a five-year license suspension, and community service are possible penalties. |
| Hawaii | DUI, DWI | Fines of at least $1,000, up to 5 days in jail, a one-year license suspension, community service, and rehab are all possibilities. | Fines of at least $3,000, up to 30 days in jail, a three-year license suspension, community service, and rehab are all possibilities. | Minimum fines of $5,000, minimum jail time of 10 days, up to a 5-year license suspension, community service, and rehab |
| Idaho | DUI | Fines of at least $1,000, up to one year in prison, and a three-month license suspension are all possible penalties. | Minimum fines of $2,000, up to five years in prison, and a one-year license suspension | Fines of up to $5,000, up to ten years in prison, and a five-year license suspension |
| Iowa | DUI, DWI, OWI | Fines of up to $1,250, a year in jail, and a one-year license suspension | Fines of up to $6,250, up to two years in prison, and a two-year license suspension | Penalties include fines of up to $9,375, up to 5 years in prison, and a license suspension of up to 6 years. |
| Kansas | DUI | Fines of up to $1,000, two days in jail, a 90-day license suspension, and alcohol treatment are all possible penalties. | Fines of up to $1,500, one year in prison, a one-year license suspension, and alcohol treatment are all possible penalties. | Fines of up to $2,500, one year in prison, a one-year license suspension, and alcohol treatment are possibilities. |
| Louisiana | DUI,DWI | Fines of up to $1,000, up to 6 months in jail, community service, and rehab are all possibilities. | Fines of up to $1,000, up to 6 months in jail, community service, and rehab are all possibilities. | Fines of up to $2,000, up to 5 years in prison, community service, and rehab are all possibilities. |
| Maine | DUI,DWI | Fines of up to $500 and a license suspension of up to 150 days are possible penalties. | Fines of up to $900, 12 days in jail, and a three-year license suspension | Fines of up to $1,400, up to 40 days in jail, and a six-year license suspension |
| Montana | DUI | Fines of up to $1,000, jail time of up to 6 months, license suspension of up to 6 months, rehab, and driving education | Fines of up to $1,000, up to a year in prison, a year’s license suspension, rehabilitation, and driving education are all possible penalties. | Fines of up to $5,000, imprisonment for up to one year, license suspension for up to one year, rehabilitation, and driver education |
| Nebraska | DUI,DWI | Fines of up to $500, up to 60 days in jail, and a six-month license suspension | Fines of up to $500, 180 days in jail, and an 18-month license suspension are possibilities. | Fines of up to $1,000, a year in prison, and a 15-year license suspension are all possibilities. |
| New Jersey | DUI,DWI | Fines of up to $500, up to 30 days in jail, a three-month license suspension, driver education, and community service are all possible penalties. | Fines of up to $1,000, up to 90 days in jail, a two-year license suspension, driver education, and community service are all possible penalties. | Fines of up to $1,000, up to 180 days in jail, a minimum 10-year license suspension, driver education, and community service are all possible penalties. |
| New York | DUI | Fines of up to $2,500, up to one year in prison, and a minimum one-year license suspension | Fines of up to $5,000, up to four years in prison, and a minimum 18-month license suspension | Fines of up to $10,000, up to 7 years in prison, and a minimum 19-month license suspension |
| North Dakota | Fines of up to $750, up to two days in jail, a three-month license suspension, and rehab are all possibilities. | Fines of up to $1,500, up to 10 days in jail, a one-year license suspension, and rehab are all possibilities. | Fines of up to $2,000, 120 days in jail, a one-year license suspension, community service, and rehab are all possibilities. | |
| Ohio | DUI,DWI | Fines of up to $1,075 are possible, as well as up to six months in prison and a three-year license suspension. | Fines of up to $1,625 are possible, as are jail sentences of up to 6 months and license suspensions of up to 7 years. | Fines of up to $2,750, a year in prison, and a 12-year license suspension |
| Pennsylvania | DUI | Fines of up to $5,000, jail time of up to 6 months, and a one-year license suspension | Fines of up to $10,000, up to 5 years in prison, and a license suspension of 18 months are all possibilities. | Fines of up to $10,000, up to 5 years in prison, and a license suspension of 18 months are all possibilities. |
| Rhode Island | DUI | Fines of above $1,200, up to one year in prison, one-year license suspension, community service, and rehab. | Fines of above $1,750, up to one year in prison, a two-year license suspension, community service, and rehab. | Fines of $5,000 or more, up to 5 years in prison, a three-year license suspension, community service, and rehab are all possibilities. |
| South Carolina | DUI, DUAC | Fines of up to $1,000, up to 90 days in jail, and a six-month license suspension | Fines of up to $6,500, up to three years in prison, and a one-year license suspension | Fines of up to $10,000, up to 5 years in prison, and a four-year license suspension |
Will DUIs and DWIs affect my insurance rates?
If you are convicted of a DUI or DWI, your insurance rates will almost surely increase. Additionally, in some situations, you may lose your insurance coverage. Your insurance premiums are primarly influenced by the companies you choose to insure with.
However, your insurance premiums will almost always increase by two or three.
In some cases, after a DUI or DWI, your insurance company and your state may require you to acquire an SR-22. It is necessary to have an SR-22 on file to prove that you comply with your state’s current vehicle insurance laws and that you intend to remain so for a certain length of time (typically three years).
When a driver has been charged with a DUI or DWI and has had their license revoked, these tests are normally required
What is the full-form of DUI and DWI?
The full form of DUI and DWI is..
Driving Under the Influence (DUI).
Driving While Intoxicated (DWI)
Which is worse in North Carolina, DWI or DUI?
As a result, North Carolina requires that any case where the driver’s BAC level exceeds the legal limit be considered a crime and classified as a DWI. Being charged with a DWI is usually considered a more serious crime than a DUI.
Is a DUI considered a felony?
A DUI conviction can be either a misdemeanor or a felony. A misdemeanor is typically always the result of a standard first offence. Even if it’s the person’s first offence, a DUI offender who kills or gravely injures another person is likely to face felony charges.
Will you have to appear in court if you get a DUI?
Yes, you will be required to appear in court for your arraignment if you are charged with a DUI. There’s a significant chance you won’t have to go to court if you plead guilty or no contest, but it’s still possible.
After being arrested for DUI, it’s usually always a good idea to speak with an attorney. A lawyer can assist you in deciding how to plead and may be able to minimize your charges.
Will you lose your driver’s license if you get a DUI?
Following a DUI, your license will almost always be suspended. Your situation will determine how long this lasts and what you need to do to reclaim it.
Your license will most likely be suspended as soon as you are charged. Refusing to take blood alcohol concentration (BAC) tests might result in suspending your driver’s license.
What is the legal limit for the amount of alcohol in one’s blood?
The legal limit for blood alcohol content (BAC) in the United States is 0.08 per cent. It’s crucial to note that if you’re under the age of 21, even a BAC of 0.01 per cent will result in harsh consequences, regardless of your state’s regulations.
When it comes to DUIs and DWIs, how long do they stay on your record?
This, too, is dependent on the state in which the crime was committed. A DUI or DWI conviction will typically stay on your driving record for three to five years. In more stringent areas, such as California, the offence can linger on your record for up to ten years.
Is driving while intoxicated a felony in Georgia?
DUI convictions in Georgia are often considered misdemeanors. However, you will be prosecuted with a DUI Georgia felony if you have had a fourth or subsequent offence during ten years (measured by arrest dates).
In Texas, what happens if you get your first DWI?
A first-time DWI charge is classified as a Class B misdemeanor in Texas. The maximum fine is $3,000.00, and the full term is six months in prison. This violation has a permanent penalty of a driver’s license suspension.
In Missouri, what happens if you get a DWI?
In Missouri, a first offense DWI is generally charged as a Class B misdemeanor. It means you could face a maximum sentence of 6 months in county jail and a fine of $500.00. Even if you plead guilty, you are unlikely to serve any jail time on your first violation in Missouri.
