DUI and DWI – you’ve probably heard these terms used interchangeably, but they don’t always mean the same thing. In fact, the laws and penalties surrounding drunk driving vary drastically from state to state.
So, what’s the actual difference between a DUI and a DWI? What about OUI and OWI? This article breaks down the nuances between these terms, explores the potential legal consequences, and digs into how a conviction can impact your insurance rates.
And trust us, the insurance implications alone are enough to make you want to call a rideshare instead. Getting a DUI or DWI can cause your car insurance rates to skyrocket. Keep reading to find out how much, and what you can do about it.
DUI vs. DWI: Decoding the Terminology
Navigating the legal landscape surrounding impaired driving can be confusing, especially when you encounter terms like DUI and DWI. While they both refer to operating a vehicle under the influence, there are nuances in their meanings and applications.
What is a DUI? (Driving Under the Influence)
Generally, a DUI refers to operating a vehicle while your ability to do so is impaired by any substance, whether it’s alcohol, legal drugs, or illegal drugs. Most states have set a legal limit for blood alcohol concentration (BAC), typically 0.08%. However, you can still be charged with a DUI even if your BAC is lower than 0.08% if there’s evidence that your driving was impaired.
It’s important to remember that DUI laws apply to both legal and illegal substances.
What is a DWI? (Driving While Intoxicated/Impaired)
DWI often implies a higher degree of impairment than DUI, and it’s usually specifically related to alcohol. Some states use DWI to indicate a BAC at or above a specific level, often 0.08%.
The terms “intoxicated” or “impaired” have specific legal definitions and measurement criteria.
State-Specific Variations
It’s crucial to understand that the specific legal definitions of DUI and DWI vary from state to state. Some states use the terms interchangeably, while others make a clear distinction between them. For example, one state might use DUI for any level of impairment, while another reserves DWI for cases involving a BAC above a certain threshold or repeat offenses.
Because the laws vary so much, it’s essential to consult your local laws or seek legal counsel for accurate information about the specific definitions and penalties in your state.
OUI, OWI, OWVI, and DUAC: More Ways to Say Impaired Driving
DUI and DWI aren’t the only terms you might hear bandied about in discussions about drunk driving. Depending on where you are, law enforcement may use other terms, such as OUI, OWI, OWVI, or DUAC.
OUI and OWI (Operating Under the Influence/While Intoxicated)
OUI and OWI are just different terms for DUI and DWI. Some states, like Maine and Massachusetts, use OUI. Other states, such as Wisconsin and Indiana, use OWI.
Just like DUI and DWI, the legal definitions and penalties associated with OUI and OWI are similar.
OWVI (Operating While Visibly Impaired)
OWVI refers to operating a vehicle while visibly impaired. This charge is often used when a driver’s blood alcohol content (BAC) is below the legal limit but impairment is still apparent.
An OWVI charge can be based on observable signs of impairment, such as slurred speech or poor coordination.
DUAC (Driving with Unlawful Alcohol Concentration)
DUAC refers to driving with a BAC above the legal limit, regardless of whether there are other signs of impairment.
This charge is often used along with or as an alternative to DUI/DWI charges.
Consequences of a DUI or DWI: Legal and Personal Repercussions
Driving under the influence of alcohol or drugs carries serious legal and personal consequences.
Legal Penalties
If you’re convicted of a DUI or DWI, you could face fines, jail time, and suspension of your driver’s license. Penalties tend to be more severe with each subsequent offense or if there were aggravating circumstances, such as a very high blood alcohol content (BAC) or the presence of children in the vehicle.
You may also be required to complete alcohol education or treatment programs.
Impact on Driving Privileges
A DUI or DWI conviction can lead to the suspension or revocation of your driver’s license. You may be able to obtain restricted driving privileges or be required to install an ignition interlock device (IID) in your vehicle.
Some states also require you to file an SR-22 form to reinstate your license.
Criminal Record and Background Checks
A DUI or DWI conviction creates a criminal record that can affect future employment opportunities, housing applications, and other background checks.
Personal and Social Consequences
Beyond the legal ramifications, a DUI or DWI can damage your reputation, strain relationships, and negatively impact your overall quality of life. It’s a decision that can have far-reaching and devastating effects.
The financial fallout: How DUI/DWI affects insurance rates
A DUI or DWI conviction will almost certainly result in a steep increase in your car insurance premiums. According to one report, the average cost of full coverage car insurance jumps from $2,628 to $5,106 per year after a DUI/DWI.
Why the increase? Insurance companies see you as a much higher risk. They assume you’re more likely to cause an accident and file a claim. To protect themselves (and their profits), they raise your rates.
You may also be required to obtain SR-22 insurance, which proves to the state that you have the minimum required coverage. The SR-22 form itself costs money to file, typically between $25 and $50.
Unfortunately, these higher insurance rates won’t disappear overnight. Depending on your state and insurance company, you could be paying significantly more for car insurance for several years after a DUI/DWI.
Key Takeaways
It’s important to know the specific laws and penalties for DUI and DWI in your state. These laws vary considerably, so check with your local DMV or a qualified attorney for accurate, up-to-date information.
While the terms are often used interchangeably, DUI (driving under the influence) and DWI (driving while intoxicated) can carry different legal meanings and consequences. You may also encounter terms like OUI (operating under the influence) or OWI (operating while intoxicated), depending on where you live.
Regardless of the specific charge, a DUI or DWI conviction can have serious legal and financial consequences, including fines, license suspension, jail time, and increased insurance rates. It’s crucial to prioritize responsible driving habits to avoid these penalties and, more importantly, to ensure the safety of yourself and others.
If you’re facing DUI or DWI charges, seek legal counsel immediately. An experienced attorney can help you understand your rights and options and navigate the legal process.