DUI vs. DWI: What’s the Difference?

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.

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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.

State	Violation Type	Penalties	License Suspension Length
Alabama	DUI	$600–$2,100; up to 1 year jail time; 6-month IID	90 days
Alaska	DUI	$1,500–$25,000; 72 hours to 1 year jail time; 6-month IID	90 days
Arizona	DUI	$1,480 to at least $3,250; minimum 10–45 days in jail; 1-year IID	90 days minimum
Arkansas	DUI and DWI	$150–$1,000; 24 hours to 1 year in jail	6 months
California	DUI	$390–$1,000; up to 6 months jail time	6 months
Colorado	DUI and DWAI	$200–$1,000; 2 days to 1 year in jail; 8-month IID, 24–96 hours community service	9 months for DUI
Connecticut	OUI	$500–$1,000; 48 hours to 6 months jail time; up to 100 hours community service; 1-year IID	45 days
Delaware	DUI	$500–$1,500; maximum 12 months jail time	12–24 months
Florida	DUI	$500–$2,000; up to 9 months jail time; 6-month IID	180 days to 1 year
Georgia	DUI	$300–$1,000; 10 days to 1 year jail time; 20–40 hours community service	1 year
Hawaii	DUI	$250–$1,000; 72 hours community service; 14-hour rehabilitation program; 48 hours to 5 days in jail	1 year
Idaho	DUI	Max of $2,000; 10 days to 1 year jail time; 1-year IID	9–210 days
Illinois	DUI	$500–$2,500; up to 100 hours community service; up to 364 days jail time	1 year
Indiana	OWI	$500–$5,000; up to 1 year jail time; 60 days to 1 year IID	Up to 1 year
Iowa	OWI	$1,250; 48 hours to 1 year jail time	180 days
Kansas	DUI	Up to $1,000; 48 hours to 6 months jail time; 180-day IID	30 days
Kentucky	DUI	$200–$500; 48 hours to 30 days jail time; 90-day treatment program; 6-month IID	30–120 days
Louisiana	DUI and OWI	$100–$1,000; 10 days to 6 months jail time (DUI); at least 32 hours community service (OWI); substance abuse treatment (OWI); driver improvement program (OWI)	12 months (DUI); 6 months (OWI)
Maine	OUI	$500–$2,000; 96 hours to 1 year jail time	150 days
Maryland	DUI and DWI	$500–$1,000; up to 1 year jail time	Up to 6 months
Massachusetts	OUI	$500–$5,000; up to 2.5 years jail time; 2-year IID	1 year
Michigan	OWI and OWVI	$100–$500; up to 93 days jail time; up to 360 hours community service	180 days
Minnesota	DWI	$1,000; up to 90 days in jail	90 days
Mississippi	DUI	$250–$1,000; up to 48 hours jail time	120 days
Missouri	DWI	Up to $1,000; up to 6 months jail time	30 days + 60-day restricted license
Montana	DUI	$600–$1,000; 24 hours to 6 months jail time	6 months
Nebraska	DUI	$500; up to 60 days jail time; mandatory IID (varies depending on BAC)	60 days to 1 year
Nevada	DUI	$400–$1,000; 2 to 180 days jail time; 185-day IID; drug and alcohol abuse treatment program (for BAC of at least 0.18%)	185 days
New Hampshire	DUI and OUI	$500–$2,000; up to 1 year jail time	9 months to 2 years
New Jersey	DWI	$250–$500; up to 30 days jail time; 12–48 hours in Intoxicated Driver Resource Center	3 months to 1 year
New Mexico	DWI	Max of $500; 24 hours community service; up to 90 days jail time; substance abuse treatment program	Up to 1 year
New York	DWI and DWAI	$300–$1,000; up to 1 year jail time; 6 months to 1-year IID	6 months
North Carolina	DWI	$200–$10,000; up to 36 months jail time; 1-year IID	1 year
North Dakota	DUI	$500–$1,500; up to 30 days jail time	91–180 days
Ohio	OVI/DUI	$375–$1,075; 3 days to 6 months jail time	1–3 years
Oklahoma	DUI and DWI	Max of $1,000; 10 days to 1 year jail time	180 days
Oregon	DUI	$1,000–$6,250; 48 hours to 1 year jail time or 80 hours community service; 1-year IID	1 year
Pennsylvania	DUI	$300–$5,000; 6-month probation; up to 6 months in jail	Up to 12 months
Rhode Island	DUI	$100–$500; up to 1 year jail time	30 days to 18 months
South Carolina	DUAC and DUI	$400–$1,000; 48 hours to 90 days jail time (or community service)	6 months
South Dakota	DUI	Up to $2,000; up to 1 year jail time	30 days to 1 year
Tennessee	DUI	$350–$1,500; 48 hours to 11 months and 29 days jail time	1 year
Texas	DWI	$2,000–$4,000; 72 hours to 1 year jail time	9–12 months
Utah	DUI	$700–$1,000; 2 to 180 days jail time (or community service); 1-year IID (BAC over 0.16%)	120 days
Vermont	DUI	Max of $750; up to 2 years jail time	90 days to one year
Virginia	DUI	$250–$2,500; up to 1 year jail time	1 year
Washington	DUI	$350–$5,000; 1 to 364 days jail time	90 days to one year
Washington, D.C.	DUI, DWI, and OWI	$1,000; up to 180 days jail time	6 months
West Virginia	DUI	$100–$1,000; up to 6 months jail time	6 months
Wisconsin	OWI	$150–$300; potential IID	6–9 months
Wyoming	DUI	$200–$750; 7 days to 6 months jail time	1 year

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]

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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