The differences between a DWI and a DUI
By Allstate
Last updated: January 0001
In the U.S., roughly 37 people die from drunk driving crashes daily, according to the National Highway Traffic Safety Administration (NHTSA). Driving while under the influence is a serious crime and endangers everyone on the road. In this article, we’ll discuss what a DUI and DWI are, the differences between the two and other commonly asked questions.
What is a DUI?
A DUI, or driving under the influence, refers to the act of operating a vehicle while impaired by the use of alcohol, drugs, or other controlled substances according to the Legal Information Institute (LII). Impairment is typically determined by measuring the driver’s blood-alcohol content against the federal limit of 0.08%.
Some states may enforce stricter limits, particularly for commercial drivers.
What is a DWI?
A DWI, or driving while intoxicated, refers to driving with a blood alcohol content (BAC) level well above the legal limit according to the LII. DWI is determined in the same way a DUI is, mainly, by the blood-alcohol level of the driver or the presence of drugs or other controlled substances.
What is an OWVI or DUAC?
An OWVI (operating while visibly impaired) or DUAC (driving with an unlawful alcohol concentration) are other terms for driving while under the influence of alcohol and other controlled substances that are used in specific circumstances in specific states. Depending on the state, these charges can have different legal thresholds or requirements.
What’s the difference between a DWI and a DUI?
In some states, DWI and DUI can be used interchangeably. Still, in some cases, DWI and DUI are separate legal charges with different thresholds for the level of intoxication and levels of consequences.
DUI and DWI cases will typically consider the circumstances surrounding the criminal action, which can either be aggravating or mitigating factors. For example, if a defendant has no prior criminal history and has a BAC below the legal limit (like .04%), the judge may consider those mitigating factors and influence them to deliver a more lenient sentence, explains LawInfo.com.
An aggravating factor could be a higher BAC like .08%, causing property damage, or if a minor was present in the vehicle. These types of factors could lead to a more severe punishment or sentencing.
Which is worse, a DWI or a DUI?
In states where DWI and DUIs are separate charges, a DWI typically has the more serious charge, because it represents a higher level of intoxication. The threshold in some states is as low as .04% for a DWI, as opposed to .08% for a DUI, explains LawInfo.com.
What happens if you get a DWI or DUI?
If you’re charged with a DWI or a DUI, you’ll likely be arrested and face further penalties in correlation to the severity of the charges and the specifics of the jurisdiction, explains JUSTIA. Some of these penalties can include:
- Fines
- License suspension or revocation
- Mandatory treatment
- Prison or jail time
Minimum and maximum penalties are set at the state level, so you’ll need to check your state’s specific penalties.
Does insurance cost more after a DUI or DWI?
Insurance premiums are calculated based on many factors including your driving record. As such, a DUI or DWI on your record will most likely increase the price of your insurance premiums, in some cases, dramatically.
Do you need an SR-22 after a DUI or DWI conviction?
Many states require you to file an SR-22 form if you’re convicted of a DUI or DWI, according to FindLaw.com. An SR-22 is a certificate of financial responsibility that is filed with your local state authority certifying that you have liability insurance and have met any other state-required minimum auto insurance. It serves as proof that you are allowed to drive. In Florida and Virginia, this certificate is instead called an FR-44. This also typically comes with higher insurance costs.
Failure to file this documentation with the state can result in your license being revoked or suspended.
DWI and DUI FAQs
On average, a record of intoxicated driving will remain around seven to twelve years according to Sparks Law Firm. Nearly half of U.S. states fall into this category but some states, such as Washington and New York, it can last fifteen years or longer. The minimum number of years it will remain on your record is five years in Alabama, Arizona, Arkansas, Delaware, and Hawaii.
It is important to note that these lengths apply to a first-time offender. Repeated DUI or DWIs can increase the length of time it will stay on your driving record.
Yes. If you are arrested for impaired driving, you will likely be held in jail for some period of time, explains LawInfo.com
The legal limit for BAC is set at the federal level at 0.08% in every state except Utah, where it has been lowered to 0.05%, explains FindLaw.com. Many states have lower legal BAC limits for commercial drivers with the limit being only 0.04%, and zero tolerance for underaged drivers.
It depends. A conviction in most states will suspend your driver’s privileges for at least three months, and up to a year after the first offense, with harsher penalties being applied for higher blood alcohol levels according to LawInfo.com.
Subsequent offenses can result in extended periods of suspension. Additionally, in some states, your license can be automatically suspended for a DUI arrest prior to conviction.