A DUI — sometimes called a DWI — is a legal charge for driving under the influence or driving while intoxicated/impaired. DUI charges indicate a driver has a blood alcohol content level above the legal limit. These charges can also refer to driving under the influence of recreational or prescription drugs.

Driving under the influence is extremely dangerous. Someone is killed in a drunk-driving accident every 45 minutes in the U.S., and around 11,000 people die in these accidents annually.^[1]

DUI legal definition

The exact legal definition of a DUI or DWI depends on the state, but generally speaking, they are laws that make driving while impaired by drugs or alcohol a criminal offense.

DUI laws have a BAC (blood alcohol concentration) limit attached to them. Any driver found with a BAC at or above that limit can be charged with a DUI or DWI. All but one state, plus Washington, D.C., and Puerto Rico, have BAC limits of 0.08. Utah’s limit is even lower, at 0.05.

The terms DUI and DWI are often used interchangeably, though some states may consider them separate offenses.

Learn More: The Best Cheap Car Insurance After a DUI

What “driving under the influence” means

Driving under the influence means a person is operating a vehicle while intoxicated or impaired by alcohol, a drug, or an illegal substance. To fully understand the meaning of this, it’s important to examine what exactly “operating a vehicle” means, how laws define “under the influence,” and what drugs and substances fall under that purview.

Operating a vehicle

The exact wording of DUI laws varies state by state, but to “operate a vehicle” means to be in physical control of a vehicle — or, as Texas law explains it, “a device in, on, or by which a person or property is or may be transported or drawn on a highway” — in a public place.

Many times, “operating a vehicle” also includes driving a boat, an airplane, or another mode of transportation. Some state laws separate DUI charges by mode of transportation. For example, boating while intoxicated, or BWI, is a separate criminal offense in Texas.

Under the influence

“Under the influence” means that recent use of alcohol or recreational or prescription drugs has impaired a driver’s normal faculties. In Florida, this even includes nitrous oxide, and in Illinois, medical marijuana qualifies.

In terms of alcohol, every state sets a blood alcohol concentration (BAC) level that amounts to being “under the influence of alcohol” in that jurisdiction. Any person found to have a BAC of that level or higher is considered legally intoxicated. In most states, the BAC limit is 0.08.^[2]

DUI/DWI laws by state

Every state has its own laws regarding driving under the influence, and they also have different names for these charges. Most often, DUI or DWI is used, but in some states, it may also be OVI (operating a vehicle impaired), OWI (operating while intoxicated), or OMVI (operating a motor vehicle impaired).

Here’s a look at how the laws break down by state and what each state calls it.

DUI statistics in the U.S.

DUIs are quite common in the U.S. Insurify data shows that more than 2% of all U.S. drivers have DUIs, and in some states, as many as 5% have a DUI on their record.

More than 11,000 people were killed in drunk driving accidents in 2020 — accounting for about 30% of all traffic deaths in the country. Nearly 230 children were among those deaths.^[3]

The consequences of a DUI conviction

Many consequences come with a DUI charge. There may be jail time and fines, and you may have your driver’s license revoked. In West Virginia, for example, potential jail times vary from 24 hours to 10 years, depending on the offender’s age, BAC, and any injuries that occur due to their impaired driving. Fines range from $25 to $5,000.

In Texas, fines range from $2,000 to $10,000, you can face up to 10 years in prison, and you may lose your license for up to two years.

Many states revoke licenses for minors and adults with high BACs or previous offenses. Some states also require DUI offenders to install ignition interlock devices in their cars. Ignition interlock devices require the driver to give a breath sample before the car can be turned on. If the device detects any alcohol, it won’t start.

How a DUI increases car insurance premiums

Having a DUI on your record can increase your car insurance premiums — and often quite a bit. Insurify data shows that a DUI can increase your car insurance premiums by almost 100%.

Some car insurance companies may choose not to renew your policy once you get a DUI, as it indicates you’re a higher-risk driver. If this happens, shop around with other insurers. Some may still offer coverage. You can also consider using public transportation until you can get insurance.

Additionally, you may need to ask your current insurer for an SR-22 form, which proves to the state you have the legally required minimum insurance after your DUI. You may need to have an SR-22 on file for a few years, depending on your state.

DUI FAQs