How a DUI and DWI Affect Your Auto Insurance Rate (2024)
The difference between a DWI vs. DUI is the substance causing the impairment. If you’re charged with driving under the influence (DUI), it typically means drugs, while driving while intoxicated (DWI) refers to alcohol. States sometimes use other terms like OWI (operating while intoxicated), but this phrase, DWI, and DUI are often interchangeable. Regardless of the wording, you’ll see an average increase of 58% in your rates and penalties like fines, license suspension, and jail time.
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Brandon Frady
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Brandon Frady has been a licensed insurance agent and insurance office manager since 2018. He has experience in ventures from retail to finance, working positions from cashier to management, but it wasn’t until Brandon started working in the insurance industry that he truly felt at home in his career. In his day-to-day interactions, he aims to live out his business philosophy in how he treats hi...
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UPDATED: Jun 22, 2023
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UPDATED: Jun 22, 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 auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different 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
- A DWI (driving while intoxicated) is typically specific to alcohol impairment as opposed to drug impairment with a DUI (driving under the influence)
- Depending on the state, the DWI and DUI terms may be used interchangeably or to refer to specific charges (and some states use entirely different descriptors)
- With a DUI (your blood alcohol concentration level is at least 0.01), your rates will increase by an average of 58%
We know understanding auto insurance when you have a DUI or DWI can be complicated and frustrating. Don’t worry, because we’ve done the work for you. What is a DUI? What is a DWI? What is an OWI? What’s the difference between a DWI and DUI? What about impaired driving vs. a DUI?
Read this article to find out everything you need to know. We’ll break down the meaning of a DWI vs. DUI, and tell you how getting caught driving while under the influence of alcohol or drugs can impact your insurance rates (as well as the other consequences that come with making this choice).
Whether you have a DUI or DWI on your record or not, the best way to save is by comparison shopping. Use your ZIP code in our rate comparison tool to get free auto insurance quotes from companies in your area today.
What is a DWI or DUI, and will it impact your insurance rate?
You can be charged with a DWI, or “driving while intoxicated,” if you’ve been caught driving after drinking. Suppose you’re accused of a DUI, or “driving under the influence.” In that case, it could mean you’ve been caught driving after taking drugs (this applies to your prescription medication as well, if it causes a sufficient level of impairment). While a DWI and DUI are technically different, states often use the terms interchangeably.
Other acronyms like OWI are also common. If you’re wondering about an OWI vs. DUI, an OWI refers to operating while intoxicated. Like a DWI, this is a legal charge for driving while drunk (as opposed to a DUI, which, as we just described, refers to driving while under the influence of drugs).
States each define the appropriate terms for driving while intoxicated or under the influence, and there are several other terms beyond the standard DWI, DUI, and OWI, including:
- 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
If you’re caught with a blood alcohol concentration (BAC) level of at least 0.08, a DUI/DWI is definitely in your future, but even lower blood alcohol content levels can mean a DWI. For example, if you’re under 21 and live in New Mexico, you can be charged with and convicted of a DWI with a BAC of 0.02.
A DWI, DUI, OWI, etc., will impact your insurance rates. In most cases, you’ll see a significant increase in rates that ranges between 25% and 100%. We’ll discuss how a DUI/DWI charge affects your rates in more detail in the following few sections. Keep reading for more.
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Do DUIs and DWIs mean an increase in your insurance rates?
As we indicated in the previous section, a DUI/DWI on your record will probably mean higher insurance rates. On average, you’ll see a 58% increase in your rates after a DUI/DWI. Other penalties include fines, automatic license suspension, an ignition interlock device to start your car, driver reeducation, and jail time.
In the next section, we’ll talk in more detail about just how much a DUI/DWI can impact your rates, but high-risk driving behavior means high-risk insurance rates. In some cases, you may even struggle to obtain coverage after a DUI/DWI, in which case you may end up needing assistance to buy an auto insurance policy.
Most states have a high-risk insurance program that high-risk drivers can use to apply for coverage (though the minimum coverage requirements may be higher than for average drivers in your state, and your policy will cost more).
How much will your auto insurance rate increase?
Auto insurance companies consider a DUI/DWI an example of high-risk driving, and in most cases, a single DUI/DWI means you’re automatically categorized as a high-risk driver. High-risk auto insurance costs are significantly higher than for average drivers, so it shouldn’t come as a surprise that you’ll see an increase in your rates after a DUI/DWI. Take a look at this table to see what we mean.
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 |
Progressive has the lowest overall percent change after a single DUI, with a 39% rate increase. Farmers has the highest average percent change with a 67% increase. These averages are based on data from across the country, so your rates may vary. Depending on the circumstances and your insurance company, your rates could even double with a single DUI/DWI.
How long will a DUI or DWI be on your driving record?
The answer to how long a DUI or DWI will be on your driving record is twofold. From an insurance perspective, DUI/DWI charges are typically on your record (and therefore impact your rates) for between three and five years, depending on where you live and your insurance company.
However, the length of time a DUI/DWI remains on your official record (beyond insurance) depends on state laws. Most states define a “look-back” period, during which the offense remains on your driving record.
The look-back period also defines how long a previous offense can be counted against you. This means if you get a second DUI/DWI, but after the completion of the look-back period of your first offense, the second DUI/DWI may be counted as a first offense.
Most states have a look-back period of between five and 10 years, but a handful of states have a look-back period of 55 years, and a few with lifetime look-back periods.
Do drunk driving laws differ by state?
Laws surrounding defining drunk driving, DWIs, DUIs, etc., are not managed at the federal level (except for the maximum BAC level, which we’ll discuss in greater detail in the next section). Instead, individual states define terms, requirements, and penalties.
So, what wording is used to describe a DUI or DWI in your state, and what kind of consequences will you face? Take a look at this table to find out the answers to these questions and the BAC limit for each state.
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 ToleraneLaw) +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 a 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 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 the 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 month 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 restricted license after half of the 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 a 20-hour 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, 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 $10,000 if child in the 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, a surcharge is $1500 for three consecutive years -Other: 24-100 hours community service; required evaluation, DUI education, and victim impact panel; possible IID |
| Utah | 0.08; changes to 0.05 12/2018 | 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 |
The penalty data in this table is primarily focused on what happens with the first offense. However, as you might expect, a second offense (or multiple offenses) will result in significantly more severe penalties.
What is the blood alcohol limit for a DUI?
The DWI BAC is 0.08 federally, but your state laws may differ, as you saw in the table in the previous section. While the BAC won’t be higher than 0.08, it may be lower depending on where you live (and your age). Remember the example we mentioned earlier for drivers under 21 in New Mexico? In some states, the BAC for under-21 drivers is as low as 0.01.
How dangerous is driving while under the influence?
Driving under the influence (whether it’s drugs or alcohol) can have a significant impact on your insurance rates and comes with penalties and criminal implications. It’s also a dangerous choice. Responsibility.org reports that nearly 29% of vehicle fatalities in the U.S. are caused by drunk driving. Additionally, over a million people are arrested for DUI/DWI per year.
DWI vs. DUI: The Bottom Line
With even a single DWI or DUI, your rates could as much as double (though the average increase is about 58%). Financially, driving while under the influence of alcohol or drugs just isn’t worth it.
The non-financial consequences are significantly more severe and can include fines, suspension of your driver’s license, installation of an ignition interlock device, community service, being arrested (over a million people are arrested for drunk driving per year), and even jail time.
Most importantly, driving while under the influence of drugs or alcohol puts you, your passenger(s), and other drivers on the road in danger. Almost 29% of vehicle fatalities are the result of drunk driving, meaning this is a significant and ongoing safety issue.
Now that we’ve covered the basics on DUI, DWI, and other associated terms and looked at how it can affect your rates, are you ready to save? If so, use your ZIP code in the tool on this page to get free quotes from top companies right now.
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Frequently Asked Questions
What is the difference between a DWI and DUI?
DWI refers to driving while intoxicated with alcohol, while DUI refers to driving under the influence of drugs. The terms are often used interchangeably.
Will a DUI or DWI affect my insurance rates?
Yes, having a DUI or DWI on your record will likely lead to higher insurance rates, with an average increase of 58%. Other penalties may include fines, license suspension, and jail time.
How much will my auto insurance rate increase with a DUI or DWI?
Insurance rates can increase significantly after a DUI or DWI, ranging from 25% to 100%. Some insurance companies may even double your rates.
Do drunk driving laws differ by state?
Yes, drunk driving laws, including the terms used and the penalties, vary by state. Each state defines its own laws and consequences for DUI, DWI, and other related offenses.
What is the blood alcohol limit for a DUI?
The blood alcohol concentration (BAC) limit for a DUI is typically 0.08% at the federal level. However, state laws may have lower BAC limits, especially for drivers under 21.
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Brandon Frady
Licensed Insurance Agent
Brandon Frady has been a licensed insurance agent and insurance office manager since 2018. He has experience in ventures from retail to finance, working positions from cashier to management, but it wasn’t until Brandon started working in the insurance industry that he truly felt at home in his career. In his day-to-day interactions, he aims to live out his business philosophy in how he treats hi...
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