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Whether your state refers to it as DUI, DWI, OMVI, OVI or DWAI, the general definition is the same: operating a vehicle while under the influence of drugs — including prescription medicine — or alcohol. Driving while impaired is a crime in all 50 states.
If you’re convicted of driving while intoxicated, your penalties will depend on which state you live in. But some factors that influence punishment include whether you’re a first-time offender and your blood alcohol level.
You’ll see these letters and words used to refer to driving under the influence:
The term DWI sometimes gets used interchangeably with DUI. However, some states do separate the terms, and how a DWI gets defined varied by the state.
For example, a DWI in Texas is the highest offense for driving after being intoxicated with a blood alcohol level above .08, but a DUI is charged to drivers under age 21 who have any alcohol in their system.
In New York, a DWI refers to anyone driving after drinking alcohol who has a blood alcohol level above .08, but a DUI includes driving under the influence of drugs, including some prescriptions.
A DWAI means your driving is somewhat impaired, but not quite to the dangerous level of a DUI. For example, New York officials may use a DWAI conviction if you’re blood alcohol level is between 0.05 and 0.07.
Driving under the influence could have much higher penalties than a DWAI, unless the DWAI led to someone getting seriously injured or killed.
If charged with a DUI, you can reduce the charge to a DWAI in some cases. Talk to a lawyer to find out your options.
Sentences for a DUI vary widely based on state laws and your circumstances, but may include:
If a police officer finds it likely that you’re driving intoxicated, the officer will take you to the station to process an official report. Depending on past convictions and your blood alcohol level, you may spend time in jail, unless a judge releases you.
You’re likely to receive a license suspension after a DUI, which means you can’t drive for a set time. You probably need car insurance despite your suspension, and you may need to shop for a high-risk car insurance company that’s willing to insure you.
You also can expect to need an SR-22 certificate, proving that you’re insured and following legal driving and registration requirements.
If your license is suspended, you can work with your local DMV to follow the steps to get your license reinstated.
You could pay thousands of dollars for one DUI, and the true cost of a DUI goes beyond the fines for being convicted.
For instance, you’ll pay anywhere from $5,000 to $8,000 for a DUI in Tennessee, a state known for harsh DUI punishments. The initial fine ranges from $350 to $3,000 depending on past convictions, but then you’ll face fines, car insurance rate increases, driver training and court costs.
See the true costs of a DUI broken down:
Penalty | Cost |
---|---|
Towing fee | $75 |
Fine | $350–3,000 |
Bail | $125 |
Defense attorney | $2,000 |
Court costs | $200 |
License reinstatement fee | $300 |
Insurance premium increase | $2,000 |
Ignition interlock device | $300 |
Alcohol education program | $300 |
TOTAL | $5,650–$8,650 |
In addition to criminal charges, you could face a civil lawsuit for your DUI conviction. Other people involved seek to recoup expenses from injuries or damage that you caused.
While certain factors will result in harsher penalties, some circumstances can work in your favor.
Jim Yeargan
Former DUI prosecutor and founder of Yeargan & Kert, LLC
Many states have “implied consent” laws. These laws mean that by driving a car, you agree to take a breathalyzer if you’re stopped on suspicion of DUI. But many supreme courts are actually striking these implied consent laws down. Courts across the country have found that these laws are violations of fundamental rights and protections.
However, some states still have implied consent laws in place. In those states, refusing a breathalyzer can be used as evidence against you in court. Even in states without implied consent laws, refusing a breathalyzer can lead to license suspension and other administrative consequences. So, while state laws can’t strip you of your rights, they may be able to alter or reduce their overall effectiveness. Until courts step in, it’s important to be aware of the laws in the state in which you’re driving.
Drinking and driving never mix, and there are very real consequences if you’re caught. Get a taxi, Lyft or — better yet — plan ahead and select a designated driver.
To protect you and your car from drunk drivers, compare car insurance to cover you for any situation on the road.
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