What Is a DUI?

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.

What ‘driving under the influence’ means

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]

Operating a vehicle

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]

Under the influence

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]

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DUI, DWI, and OWI: What’s the difference?

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.

Other terms for impaired driving

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

DUI/DWI laws by state

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.

State	What It’s Called	BAC Limit
Alabama	DUI	0.08% for drivers 21 and older 0.02% for bus drivers and drivers younger than 21 0.04% for commercial drivers
Alaska	DUI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Arizona	DUI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Arkansas	DUI, DWI, BUI, BWI	0.08% for drivers 21 and older 0.02%–0.07% for drivers under 21 0.04% for commercial drivers
California	DUI	0.08% for drivers 21 and older 0.01% for drivers under 21 0.01% if on DUI probation 0.04% for commercial drivers and those driving passengers for hire
Colorado	DUI, DWAI	0.08% for drivers 21 and older (0.05%–0.07% for DWAI) 0.02% for drivers under 21 0.04% for commercial drivers
Connecticut	DUI, OUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21
Delaware	DUI	0.08% for drivers 21 and older 0.00% for drivers under 21
Florida	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Georgia	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Hawaii	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Idaho	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Illinois	DUI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Indiana	DUI, OWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Iowa	OWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Kansas	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Kentucky	DUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Louisiana	DUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Maine	OUI	0.08% for drivers 21 and older 0.00% for drivers under 21
Maryland	DUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Massachusetts	DUI, OUI	0.08% for drivers 21 and older 0.02% for drivers under 21
Michigan	OWI	0.08% for drivers 21 and older 0.02% for drivers under 21
Minnesota	DWI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Mississippi	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Missouri	DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Montana	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Nebraska	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Nevada	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
New Hampshire	DUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
New Jersey	DWI	0.08% for drivers 21 and older 0.01% for drivers under 21
New Mexico	DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
New York	DWI, DWAI, DWAI-drug Agg-DWI	0.05% for drivers 21 and older (DWAI) 0.08% for drivers 21 and older (DWI) 0.02%–0.07% for drivers under 21 0.04% for commercial drivers
North Carolina	DWI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
North Dakota	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Ohio	OVI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Oklahoma	DUI, DWI	0.05% for drivers 21 and older (DWI) 0.08% for drivers 21 and older (DUI) 0.00% for drivers under 21
Oregon	DUII	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Pennsylvania	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Rhode Island	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21
South Carolina	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
South Dakota	DWI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Tennessee	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Texas	DWI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Utah	DUI	0.05% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Vermont	DUI, DWI	0.08% for drivers 21 and older 0.02% for drivers under 21
Virginia	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Washington	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Washington, D.C.	DUI, DWI	0.08% for drivers 21 and older (DUI) 0.08% for drivers 21 and older (DWI) 0.00% for drivers under 21
West Virginia	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21 0.04% for commercial drivers
Wisconsin	OWI, DUI, DWI	0.08% for drivers 21 and older 0.00% for drivers under 21 0.04% for commercial drivers
Wyoming	DUI	0.08% for drivers 21 and older 0.02% for drivers under 21

DUI penalties by state

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.

State	DUI Penalties
Wyoming	Fines: $0–$10,000 Jail time: 0 days to 7 years License: 90 days to 1 year suspension Charge: Misdemeanor for convictions one to three; felony for convictions four+ Other: IID; mandatory assessment; increased jail time and fines for having a child passenger; license revocation
Minnesota	Fines: $0–$14,000 Jail time: 0 days to 7 years License: 30 days to 6 years revocation Charge: Misdemeanor or felony (depends on record and aggravating factors) Other: Community work service; intensive supervision
Idaho	Fines: $0–$5,000 Jail time: 0 days to 15 years License: 90 days to 5 years revocation Charge: Misdemeanor or felony (depends on record, BAC, etc.) Other: IID; mandatory treatment
South Dakota	Fines: $0–$20,000 Jail time: 0 days to 10 years License: 30 days to 3 years revocation Charge: Misdemeanor for convictions one and two, felony for three+ Other: IID; mandatory assessment and treatment; alcohol monitoring bracelet
Alaska	Fines: $1,500–$10,000 Jail time: 72 hours to 360 days License: 90 days to 5 years suspension Charge: Misdemeanor for conviction one+; felony if convicted twice in last 10 years Other: IID; mandatory assessment and treatment; permanent license revocation with child endangerment conviction
Iowa	Fines: $0–$9,375 Jail time: 48 hours to 5 years License: 180 days to 6 years revocation Charge: Misdemeanor for convictions one and two; felony for convictions three+ Other: Community service; evaluation and treatment; IID
North Dakota	Fines: $500–$2,000 Jail time: 0 days to 366 days License: 91 days to 3 years suspension Charge: Misdemeanor for convictions one to three; felony for convictions four+ Other: Vehicle plates confiscation; evaluation and treatment; sobriety program; probation
Indiana	Fines: $0–$10,000 Jail time: 0 days to 3 years License: 30 days to 10 years suspension Charge: Misdemeanor or felony (depending on circumstances) Other: Community service; probation; education course; testing; IID
Nebraska	Fines: $500–$10,000 Jail time: 7 days to 3 years License: 6 months to 15 years revocation Charge: Misdemeanor or felony (depending on number and BAC) Other: Probation; IID; vehicle impoundment
Montana	Fines: $600–$10,000 Jail time: 24 hours to 7 years License: 6 months to 1 year suspension Charge: Violation for convictions one to three; felony for convictions four+ Other: Treatment program; IID; education course and/or treatment program

How long does a DUI stay on your driving record?

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]

How a DUI affects car insurance rates

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 $173 per month, according to Insurify data. By comparison, drivers with a DUI pay a monthly average of $257 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.

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DUIs and SR-22 insurance

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.

DUI FAQs