While the terms DUI (driving under the influence) and DWI (driving while intoxicated/impaired) are often used interchangeably, they may represent distinct charges in different areas. Each state sets its own laws regarding intoxicated driving, so the precise meanings, blood alcohol content (BAC) thresholds, and resulting sentences can vary widely depending on where the offense occurs.

In some states, the key difference between DWI and DUI is the driver’s BAC. DWI may refer to a driver who is generally impaired, while DUI typically indicates a BAC at or above 0.08%. In other states, the definitions are reversed or the terms have different connotations.

Since there is so much variation among states, DUI and DWI charges can be difficult to distinguish. To learn more about the thresholds and penalties in your state, as well as the potential impact on your auto insurance rates, keep reading this in-depth, state-by-state comparison.

Understanding DUI

DUI — or “driving under the influence” — generally applies to drivers who are operating a vehicle while impaired by alcohol, prescription medications, illegal drugs, or certain over-the-counter medications. Under federal law, drivers may not operate a motor vehicle with a blood alcohol content of 0.08% or higher.

Many states follow this precedent, setting their legal limit at 0.08%. However, in some states, drivers can be charged with DUI with a BAC below the legal limit if their driving ability appears impaired during field sobriety testing.

What Is the Punishment for DUI?

The punishment for DUI depends on where the offense occurs. Penalties may involve fines, license suspension, and/or jail time. Some states also require mandatory alcohol education programs, installation of ignition interlock devices, community service, and points on your driver’s license.

Penalties escalate if the DUI is connected to injuries, excessive speeding, or the driver has prior DUIs or DWIs. Specific state statutes and prosecutor discretion may also impact a driver’s sentencing.

Where Is DUI Against the Law?

The states with specific DUI laws include:

Arizona
Arkansas (for drivers under 21)
Maryland
Minnesota
Oklahoma
Rhode Island
Tennessee
Texas (for drivers under 21)
Utah

In Maryland, Oklahoma, Rhode Island, Tennessee, and Utah, DUI has greater penalties than DWI.

Understanding DWI

Depending on the state, DWI can stand for “driving while intoxicated” or “driving while impaired.” In some states, it refers to a lower level of impairment or a lower BAC, and therefore generally carries a lighter sentence. However, this is not universal. For example, in New Jersey, DWI refers to drivers who are impaired by alcohol, while DUI refers to driving under the influence of drugs.

What Is the Punishment For DWI?

Like DUI penalties, the punishment for a DWI conviction may involve fines, points on your driver’s license, license suspension, and/or jail time. Some states require ignition interlock devices, alcohol education programs, community service, and points on your license.

The severity of penalties generally increases if the driver has prior DUI or DWI convictions, or if the incident involves injuries or excessive speed. State statutes and the judge’s discretion can also impact final sentencing.

Where Is DWI Against the Law?

States with specific DWI laws include:

Arizona
Arkansas
Maryland
Minnesota
Oklahoma
Rhode Island (a civil offense for drivers under 21)
Tennessee (a lesser charge for drivers under 21)
Texas

In Utah, DWI is not a stand-alone charge but can be used as part of a plea deal. In Arkansas and Texas, DWI carries stronger penalties than DUI.

Other Forms of Intoxicated Driving Violations

Some states use other acronyms and terms for various types of intoxicated driving offenses. Depending on the state, they may be used in addition to or in place of DUI and/or DWI. These include:

OWI: OWI stands for “operating while intoxicated.” Generally, there is no difference between DUI and OWI, and both offenses carry the same types of penalties.
- Used In: Iowa, Indiana, Michigan, and Wisconsin

OUI: OUI is an acronym for “operating under the influence.”
- Used In: Connecticut, Maine, and Massachusetts.

OWVI: OWVI stands for “operating a vehicle while visually impaired.” It’s similar to OUI, except there is no need to prove a specific BAC. Instead, law enforcement simply needs to testify that they or others witnessed visible evidence that suggests the driver was impaired by alcohol, drugs, or both.
- Used In: Michigan

DUAC: DUAC stands for “driving with unlawful alcohol concentration.” It’s triggered by a driver having a BAC of 0.08% or higher without visible signs of impairment. DUAC is a moving violation, rather than a criminal offense.
- Used In: South Carolina

Comparing DUI and DWI

Driving under the influence of alcohol or drugs is illegal in every state. However, since states set their own driving laws, there may be significant differences between DUI, DWI, or other categorizations, depending on where the violation occurs.

Which States Have the Same Laws for DUI and DWI

Currently, 38 states across the U.S. have only one charge for driving under the influence of alcohol. Different terms may be used for the charge, depending on the jurisdiction. However, the penalties do not vary based on the acronym used.

Which States Have Different Laws for DUI and DWI?

The states with different laws regarding DWI vs. DUI convictions include:

Arizona
Arkansas
Maryland
Minnesota
Oklahoma
Rhode Island
Tennessee
Texas
Utah

Comparing Thresholds Between States

State	DWI	DUI
Alabama	0.08	Same
Alaska	0.08	Same
Arizona	0.08	Can be lower than 0.08 if impairment shown
Arkansas	0.08	0.02 – 0.08 for drivers under 21
California	0.08	Same
Colorado	0.08	Same
Connecticut	0.08	Same
Delaware	0.08	Same
Florida	0.08	Same
Georgia	0.08	Same
Hawaii	0.08	Same
Idaho	0.08	Same
Illinois	0.08	Same
Indiana	0.08	Same
Iowa	0.08	Same
Kansas	0.08	Same
Kentucky	0.08	Same
Louisiana	0.08	Same
Maine	0.08	Same
Maryland	0.07 – 0.08 if showing signs of impairment	0.08
Massachusetts	0.08	Same
Michigan	0.08	Same
Minnesota	0.08	No min. BAC, must show signs of impairment
Missouri	0.08	Same
Montana	0.08	Same
Nebraska	0.08	Same
Nevada	0.08	Same
New Hampshire	0.08	Same
New Jersey	0.08	Same
New Mexico	0.08	Same
New York	0.08	Same
North Carolina	0.08	Same
North Dakota	0.08	Same
Ohio	0.08	Same
Oklahoma	0.06 or 0.07, must prove impairment	0.08
Oregon	0.08	Same
Pennsylvania	0.08	Same
Rhode Island	No min. BAC – Civil offense for drivers under 21	0.08
South Carolina	0.08	Same
South Dakota	0.08	Same
Tennessee	No min. BAC – a lesser charge for those under 21. Drivers 18 to 20 can also be charged with DUI	0.08
Texas	0.08	0.01 for drivers und 21
Utah	n/a	0.05
Vermont	0.08	Same
Virginia	0.08	Same
Washington	0.08	Same
West Virginia	0.08	Same
Wisconsin	0.08	Same
Wyoming	0.08	Same

How Does Intoxicated Driving Affect Insurance?

Insurance companies set prices based, in part, on risk factors that may indicate the likelihood of having to pay a future claim on your behalf. Driving under the influence is considered a risky behavior that justifies a rate increase in most scenarios.

In some cases, your insurer may decide the risk is too high and refuse to renew your policy. If this happens, you may need to shop for a new policy with a different company. You might also end up in your state’s special risk insurance program.

Putting It All Together

Driving under the influence of alcohol or drugs is a serious offense that is illegal in each of the 50 states. However, since each state sets its own laws, the terminology, thresholds, and punishments vary. The bulk of states follow the federal BAC limit of 0.08 for drunk driving convictions, while some, such as Utah, have lower limits.

Many states have a single drunk driving charge and may use the terms DUI and DWI interchangeably. Others differentiate between DUI and DWI, with one conviction being less severe than the other.

Regardless of the name of the charge, an intoxicated driving conviction is likely to result in significantly higher auto insurance rates. The insurance company could also choose not to renew your policy, requiring you to find new coverage. In some cases, you may end up in your state’s special risk insurance pool, which can result in premium increases of up to 296%.

Frequently Asked Questions

You may be able to have a DUI or DWI conviction expunged, depending on where the offense occurred. Some states, such as California, Connecticut, Indiana, Kansas, Kentucky, and Minnesota, allow expungement for adult drivers after certain conditions are met. Other states, such as Colorado, Florida, Georgia, and Maryland, do not allow expungement for adults.

Since DUI and DWI convictions are criminal charges, they are likely to show up if your employer or potential employer runs a criminal background check. The impact on employment opportunities can vary depending on the type of job you’re pursuing, the employer’s preferences, and some state laws.

Field sobriety tests are used in each state and are standardized across the U.S. They’re used by police to identify suspected drunk drivers and establish probable cause. Research shows the three most reliable standardized field sobriety tests are 77%, 68%, and 65% reliable, respectively.

What’s the Difference Between DUI and DWI?

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