DUI Defined (2024)
If you’ve been wondering what a DUI is compared to a DWI, the answer is that they are extremely similar. However, each state handles DUI charges differently. The severity of the offense plus DUI consequences depend on your state, but you can expect fees, possible jail time, higher insurance rates, and the possible loss of your license.
Read moreFree Car Insurance Comparison
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Daniel Walker
Licensed Auto Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Auto Insurance Agent
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 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.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
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 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
- DUI stands for driving under the influence, and might be the same as a DWI (driving while impaired), depending on your state
- The consequences of a DUI vary by state, but generally include fees, jail time, and license suspension
- Having a DUI on your record can increase your car insurance price by upwards of 74 percent
Of all the traffic violations a driver can be convicted of, a DUI is just about the worst. DUI stands for “driving under the influence” of drugs or alcohol.
DUIs are closely related to DWIs, or may even be interchangeable, depending on the state. Regardless, a DUI is a serious offense that can take over your life. Drivers with a DUI on their record face hefty fines, license suspension, and even jail time. They’ll probably need to find special DUI insurance to drive again, as well.
So, what is a DUI exactly, and what do you do if you get one? If you already have a DUI on record and need insurance, your best bet is to get quotes from as many companies as possible. Enter your ZIP code into our free tool to see what quotes might look like for you.
What is a DUI charge?
At its heart, a DUI charge means you were caught endangering yourself and others by driving while under the influence of drugs or alcohol. DUIs are a serious problem. In 2019, 10,142 people lost their lives to DUI. However, there is some good news.
Through concentrated efforts by the National Highway Traffic Safety Administration (NHTSA) and programs like Mothers Against Drunk Driving (MADD), DUIs in America are at an all-time low. Still, DUIs and DWIs plague America’s roads.
While DUI consequences vary, each state defines the offense in the same way: a driver with a blood alcohol content (BAC) of 0.08 or higher.
Free Auto Insurance Comparison
Enter your ZIP code below to view companies that have cheap auto insurance rates.
Secured with SHA-256 Encryption
What is blood alcohol content?
In simple terms, BAC measures how much alcohol is in your bloodstream. This number is used to legally define your level of intoxication. Your BAC is the number of grams of ethanol per 100 milliliters of blood. You’re legally considered intoxicated at a BAC of 0.08, but that doesn’t necessarily mean you’ll feel drunk.
People experience drunkenness differently based on their tolerance and body, so it’s essential to know how many drinks will get you to a 0.08 BAC. If a cop pulls you over and finds you at the legal limit, they won’t care if you say you don’t feel drunk.
A standard drink adds around 0.02 to your BAC, meaning you’ll be legally drunk after four drinks. A standard drink includes:
- 12 ounces of beer
- 5 ounces of wine
- 5 ounces of liquor
There are a lot of myths out there about how to sober up quickly, including coffee, cold showers, or sports drinks. However, there is only one way alcohol leaves your body: time. For every hour that passes, your BAC drops by about 0.015. That means that your body needs over an hour to process every alcoholic beverage you drink.
Which is worse: DUI or DWI?
Although they mean different things (DWI stands for driving while impaired), they’re equally as bad. The main difference between DUI vs. DWI depends on your state. Some states don’t differentiate between the two, while others do.
For states that define them differently, a DWI is usually reserved for drug charges. In states with separate charges for DWI and DUI, DWI is usually the worst of the two. Some states allow first-time offenders to lower their DWI charges to a DUI. Others, like Texas, have zero-tolerance and charge anyone over 21 with a DWI.
Other states use DUI to refer to reckless drivers under 0.08 BAC, and reserve DWI for drivers over the legal limit.
What are the consequences of a DUI?
The most common reason people get arrested is because of DUI. DUIs aren’t like regular traffic citations, like speeding tickets or failures to stop. A DUI can stay with you for years and affect several aspects of your life, including:
- Driver’s license suspension. You can lose your license over a DUI, sometimes on your first offense, for up to two years. That leaves you without your own transportation for work, school, errands, and other responsibilities.
- Employment. If your job requires you to drive and you lose your license, you won’t be able to work. Additionally, most driving jobs have rules in place about DUIs, even if you don’t lose your license.
- Background checks. A felony or misdemeanor DUI will show up in your background. It’s not just employers that do background checks – apartments, college financial aid applications, and school admissions also conduct these kinds of reviews.
- Insurance rates. Getting a DUI automatically makes you a high-risk driver, and you’ll pay for it when it comes to insurance. In fact, some companies will terminate your coverage altogether. You can at least expect your rates to double or triple for several years.
Additionally, you’ll have a DUI on your driving record. Some states will remove DUIs from your history after a few years, while others are there for the rest of your life.
Alabama 5 years Hawaii 5 years Massachusetts 10 years New Mexico 55 years South Dakota 10 years
Alaska Life Idaho Life Michigan 7 years New York 15 years Tennessee Life
Arizona 5 years Illinois Life Minnesota 10 years North Carolina 7 years Texas Life
Arkansas 5 years Indiana Life Mississippi 5 years North Dakota 7 years Utah 10 years
California 10 years Iowa 12 years Missouri 10 years Ohio Life Vermont Life
Colorado 10 years Kansas Life Montana 5 years Oklahoma 10 years Virginia 11 years
Connecticut 10 years Kentucky 5 years Nebraska 12 years Oregon Life Washington 15 years
Delaware 5 years Louisiana 10 years Nevada 7 years Pennsylvania 10 years West Virginia 10 years
Florida 75 years Maine Life New Hampshire 10 years Rhode Island 5 years Wisconsin 10 years
Georgia 10 years Maryland 5 years New Jersey 10 years South Carolina 10 years Wyoming 10 years
Once a DUI falls off your record (if it does), you’ll probably be eligible for lower insurance rates and it will stop appearing on background checks.
Free Auto Insurance Comparison
Enter your ZIP code below to view companies that have cheap auto insurance rates.
Secured with SHA-256 Encryption
What is a DUI resulting in death called?
The worst-case scenario for a DUI involves the death of an innocent person. Unfortunately, thousands of families are affected by this tragedy every year.
The penalty for accidentally killing someone during a DUI varies by state. Some states, such as California, might consider it a DUI murder. Others, like Arizona, don’t have specific rules in place.
In most states, accidental death is usually charged as either manslaughter, second-degree homicide, or criminally negligent homicide. Each state punishes accidental death differently:
Alabama 1 to 10 years Hawaii 0 to 10 years Massachusetts 30 days to 15 years New Mexico 0 to 6 years South Dakota 0 to 15 years
Alaska 1 to 99 years Idaho 0 to 15 years Michigan 0 to 20 years New York 0 to 15 years Tennessee 8 to 60 years
Arizona 1 to 22 years Illinois 1 to 28 years Minnesota 0 to 10 years North Carolina 15 to 480 months Texas 2 to 20 years
Arkansas 5 to 20 years Indiana 2 to 20 years Mississippi 5 to 25 years North Dakota 0 to life Utah 0 to 15 years
California 0 to 10 years Iowa 1 to 25 years Missouri 0 to 15 years Ohio 1 to 15 years Vermont 1 to 15 years
Colorado 0 to 24 years Kansas 0 to 172 months Montana 0 to 30 years Oklahoma 0 to 1 year Virginia 1 to 20 years
Connecticut 1 to 10 years Kentucky 0 to 10 years Nebraska 1 to 50 years Oregon 0 to 20 years Washington 31 to 177 months
Delaware 1 to 5 years Louisiana 3 to 30 years Nevada 2 to 25 years Pennsylvania 0 to 10 years West Virginia 90 days to 10 years
Florida 0 to 15 years Maine 6 months to 10 years New Hampshire 0 to 15 years Rhode Island 5 to 20 years Wisconsin 0 to 40 years
Georgia 0 to 15 years Maryland 0 to 5 years New Jersey 5 to 10 years South Carolina 1 to 25 years Wyoming 0 to 20 years
While some states have extremely harsh sentences, it doesn’t necessarily mean that a person will receive the harshest penalty. A judge will consider the circumstances of a DUI arrest and decide what they feel is suitable for that specific case.
How much does your insurance go up after a DUI?
On average, insurance prices go up by a staggering 74 percent after a DUI. That’s more than a speeding ticket and accident combined for your insurance.
Consider the average monthly price of some of the biggest car insurance providers in the country before and after getting a DUI:
Company Average monthly price Average monthly price after DUI
Nationwide $117 $245
Geico $101 $260
Allstate $192 $281
State Farm $116 $161
Progressive $152 $194
USAA $92 $178
Farmers $172 $238
Obviously, your best option is to not get a DUI. However, if you find yourself in the unfortunate situation of having a DUI, talk to your agent to see if they can help you save money.
How to Find the Right Insurance After a DUI
Getting a DUI is incredibly stressful and potentially embarrassing. Of all the things you’ll need to take care, one of the last things you’ll want to stress over is insurance.
To save money, you should shop around for quotes with as many companies as you can. Even if your current provider is willing to keep you as a customer, it might be cheaper to go elsewhere.
If you’ve answered, “What is a DUI?” the hard way, you can enter your ZIP code into our free tool to see what car insurance quotes might look like for you.
Free Auto Insurance Comparison
Enter your ZIP code below to view companies that have cheap auto insurance rates.
Secured with SHA-256 Encryption
Frequently Asked Questions
What does DUI stand for?
DUI stands for Driving Under the Influence.
How is DUI defined?
DUI refers to the act of operating a motor vehicle while under the influence of alcohol or drugs to the extent that it impairs the driver’s physical and mental abilities.
Can DUI also include driving under the influence of prescription medications?
Yes, DUI can include driving under the influence of prescription medications if they impair the driver’s ability to operate a vehicle safely. It is important to follow the prescribed dosage and any warnings regarding driving or operating machinery while taking medications.
What are the typical blood alcohol concentration (BAC) limits for a DUI?
The specific BAC limits vary by jurisdiction, but in many places, a BAC of 0.08% or higher is considered legally impaired for adult drivers. However, for drivers under the legal drinking age or those operating commercial vehicles, lower BAC limits may apply.
Can a DUI charge apply if a driver’s BAC is below the legal limit?
Yes, in certain circumstances, a DUI charge may still apply even if a driver’s BAC is below the legal limit. If the driver’s abilities are significantly impaired due to alcohol or drug consumption, they can be charged with DUI regardless of their BAC.
What are the potential consequences of a DUI conviction?
The consequences of a DUI conviction can vary depending on the jurisdiction and previous offenses. They may include fines, license suspension or revocation, mandatory alcohol or drug education programs, probation, community service, increased insurance rates, and in some cases, imprisonment.
Is DUI considered a criminal offense?
Yes, DUI is generally considered a criminal offense. It is a serious charge that can have significant legal and financial implications.
Can a DUI conviction affect auto insurance rates?
Yes, a DUI conviction can have a substantial impact on auto insurance rates. Insurance companies often consider DUI offenses as high-risk behavior, which may result in increased premiums or difficulty in obtaining coverage.
How long does a DUI conviction stay on a driver’s record?
The length of time a DUI conviction stays on a driver’s record can vary by jurisdiction. In many cases, it remains on the record for several years, potentially impacting insurance rates and future employment prospects.
Free Auto Insurance Comparison
Enter your ZIP code below to view companies that have cheap auto insurance rates.
Secured with SHA-256 Encryption
Daniel Walker
Licensed Auto Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Auto Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.