How Does a DUI or DWI Impact My Car Insurance Rate?

The exact details of a DWI vs. a DUI vary slightly across state lines, but being charged with either one means a law enforcement officer determined you were unable to drive safely.

DUI stands for “driving under the influence” and refers to reckless behaviors caused by driving after consuming alcohol, illicit drugs or prescription drugs. DWI stands for “driving while impaired” or “driving while intoxicated” and might affirm more strongly that the driver was intoxicated by a substance while behind the wheel. In some states, drivers with a blood alcohol content from 0.01% to 0.07% may get a DUI, while drivers with a blood alcohol concentration of 0.08% or more would get a DWI, for example.

Some states use these abbreviations for DWI and DUI charges: 

• OUI (operating under the influence)
• OWI (operating while intoxicated)
• DWAI (driving while ability impaired)
• DUAC (driving with unlawful alcohol concentration)

It can be difficult to distinguish between a DUI and a DWI because each state has its own laws. What would be referred to as a DWI in one state may be called a DUI in another. Read up on your own location’s laws to figure out what factors make each charge different.

DUI vs. DWI: Which Is More Serious?

A DWI is typically a more serious charge than a DUI in states that recognize the two as separate offenses. That’s largely because a DWI comes with scientific evidence that you were operating a motor vehicle while intoxicated.

The federal BAC limit for driving is 0.08%. Every state follows that benchmark except for Utah, where it’s 0.05% instead. In most states, penalties and legal limits are much stricter for underage drivers and commercial drivers. You can expect to have your BAC level checked using a breathalyzer test if you fail a field sobriety test.

At a minimum, drivers who receive a DUI or DWI violation might pay a fine and have their driving privileges revoked. Many states charge drivers fines ranging from $500 to over $2,000 after their first offense, and a driver’s license suspension may last for three to six months. Your blood alcohol content level when you get caught may affect how long your license suspension could last.

Other potential penalties after getting a DUI or DWI charge include jail time or community service. A person who’s caught for either offense may also need to have an ignition interlock device installed in their vehicle to check their breath for alcohol before they operate it.

Any criminal charges lodged against you will affect which penalties you’ll face after a DUI or DWI violation. Many law firms offer free consultations for people with DUI or DWI charges, so you may want to speak with a defense lawyer.

According to our cost data, a DUI or DWI violation can increase the average car insurance premium by about 71%. The impact on your rate will vary based on factors including your auto insurance provider, where you live and your driving record.

You’ll likely need an SR-22 or FR-44 form to restore your driver’s license after a DUI or DWI violation. Your auto insurer will file this form with your state’s department of motor vehicles to certify that you’re carrying adequate minimum coverage. Typically, you must keep an SR-22 or FR-44 on file for at least three years after a DUI or DWI arrest.

Comparing quotes online is the easiest way to find the cheapest car insurance possible after a conviction for driving under the influence. While there are differences between a DUI and DWI charge, you’ll generally pay far more for coverage than most drivers either way.

Earlier, we discussed how getting a DUI conviction can raise your car insurance premium. But there are also other costs to consider. These include legal fees, bail bonds and license reinstatement fees.

Online legal resource Nolo surveyed its readers who have one DUI and found the average respondent paid $6,500 over the course of dealing with the legal system. Nolo broke down some notable average costs:

• $1,900 in attorney fees and expenses
• $1,100 in court-ordered fines (for DUI convictions)
• $360 for traffic school and substance abuse courses
• $260 in DMV fees
• $170 to install an ignition interlock device (which is similar to a Breathalyzer and prevents a car from starting if the driver is at a certain BAC level)
• $170 for car towing and storage if the driver didn’t have a sober friend to take the vehicle home
• $150 for bail if the driver went to jail

A quarter of the people in Nolo’s survey reported lost wages of $4,400 on average.

It’s clear a DUI can cost you a lot of money. And since these are average figures, some cases cost much more than others. For example, victims of an accident may seek punitive damages beyond auto repairs and medical bills.

According to the Governors Highway Safety Association, a blood alcohol content of 0.08% counts as a DUI in all states except Utah, where you can get a DUI for a BAC of 0.05%. Most states also impose higher penalties for having a higher BAC. Many of these states set that threshold at a BAC of 0.15%, though some thresholds are up to 0.2% or 0.25%.

Depending on the location and type of incident in which you were pulled over, you could also face penalties even if your BAC is below 0.08%. But It’s important for officers to note BAC below 0.08%, especially if the driver caused injuries or damages in an accident. Whether someone is convicted of a DUI if they had a BAC below 0.08% depends on the situation.

We looked at 2021 data from the NHTSA to find out which states had the highest and lowest numbers of DUI fatalities. We also found the states that had the highest and lowest rates of DUI fatalities per 100,000 people. These rates can give you an idea of the risk relative to a state’s population.

10 States With the Most DUI Fatalities

States that have higher populations generally have more DUI fatalities (other than Arizona and South Carolina, the states below are among the 10 largest by population). Texas, California and Florida top the list, according to the NHTSA. This data includes fatalities when a driver had a BAC of 0.08% or above.

10 States With the Highest Rates of DUI Fatalities

These 10 states had the highest rates of DUI fatalities per 100,000 people in 2021. Three of them — South Carolina, Texas and Arizona — were also among the states with the most DUI fatalities overall.

10 States With the Least DUI Fatalities

The 10 states with the least DUI fatalities have lower populations than most states (other than Hawaii, they make up the 10 smallest by population). Here, Alaska, Vermont and Hawaii top the list.

10 States With the Lowest Rates of DUI Fatalities

According to our analysis of 2021 NHTSA data, Hawaii, New Jersey and New York had the fewest DUI fatalities per 100,000 people.

We looked at the FBI’s 2021 Crime in the United States report to find the 10 states with the most DUI arrests and the 10 states with the highest rates of these arrests per 100,000 people.

Only about 63% of the nation’s law enforcement agencies reported crime data to the FBI in 2021. In comparison, from 2012 to 2020, participation was between 89% and 92% each year. This means the 2021 figures don’t reflect all of the DUI arrests that were made. And because certain states (including some with large populations) report less data to the FBI than others, eight states weren’t included in the sections below.* 

10 States With the Most DUI Arrests

The states with the most DUI arrests in 2021 were Texas, Michigan and Washington, according to FBI data. Texas also appears on the lists of the 10 states with the most DUI fatalities overall and the highest rates of DUI fatalities in 2021.

10 States With the Highest Rates of DUI Arrests

In 2021, South Dakota, North Dakota and Idaho had the highest rates of DUI arrests per 100,000 people. Three states on this list (South Dakota, Wyoming and Montana) were also in the top 10 for the highest rates of DUI fatalities for that year.

10 States With the Least DUI Arrests

Topping the list of the 10 states with the least DUI arrests in 2021 are Alabama, Delaware and Vermont. Most of the states below also appear in the top 10 for the lowest number of DUI fatalities in 2021.

10 States With the Lowest Rates of DUI Arrests

The states with the fewest DUI arrests per 100,000 people in 2021 were Alabama, Delaware and Louisiana. Out of the 10 states with the lowest DUI arrest rates, five had some of the highest DUI fatality rates, and four had some of the highest numbers of DUI fatalities overall.

Next we’ll take a look at DUI trends on the national scale.

DUI Crash Fatalities by Month

Deaths from DUI-related crashes tend to happen more frequently in the summer. According to the NHTSA, July and August had the most DUI crash fatalities in 2021, with 9.7% and 9.6% of the annual total, respectively. These months were followed closely by October (9.5%), May (9.2%) and September (9.1%).

That said, December is the National Safety Council’s National Impaired Driving Prevention Month because the organization says two of the deadliest days for drunk driving are Christmas Eve and New Year’s Eve.

DUI Annual Trends

According to the FBI Crime Data Explorer, DUI arrests have been on a downtrend for the past decade. More than a million arrests were reported to the FBI in 2012 and 2013, while that number was nearly halved by 2020. However, according to The Marshall Project, 2021 was the first year the FBI required all law enforcement agencies to use a new data collection system.

Previously, the FBI gave the option of using an older system that was being phased out. This means fewer law enforcement agencies reported statistics to the FBI in 2021 than in prior years, so the DUI arrest numbers for that year aren’t as low as they appear to be.

DUI and Gender

Drunken driving is more common among male drivers. The Centers for Disease Control and Prevention looked at fatal crashes that involved alcohol in 2020. According to the data, 22% of male drivers involved in fatal crashes were intoxicated by alcohol. Sixteen percent of female drivers who were in fatal crashes were under the influence of alcohol.

The CDC also found men were more likely to report driving after using alcohol, marijuana or illicit drugs.

DUI and Age

The drinking age in the U.S. is 21, but unfortunately, some teens do drink and drive. According to the CDC, 5% of highschoolers who drove reported driving after drinking alcohol in 2019. Younger drivers are more susceptible to the effects of alcohol and have a higher risk of accidents. 

Young adults also tend to drink and drive more than middle-aged drivers, and it can lead to fatal accidents. According to the CDC, alcohol is involved in fatal driving accidents most often among drivers between 21 and 34 years old.

It goes without saying that you should never drive under the influence. In addition to putting other people and yourself at risk, driving while intoxicated could get you a DUI or DWI conviction that dramatically increases your car insurance rate.

DUI and DWI: Recommended Providers

If you have a DUI or DWI on your driving record, it may be difficult to find car insurance at your preferred price point. We recommend comparing car insurance quotes from multiple providers to find the best rates. You can begin your search with State Farm and USAA.

State Farm: Best Customer Experience

State Farm ranks as the most popular car insurance provider in the U.S. and is known for having affordable policies and strong customer service. You can get discounts if your car has certain safety features and if you’re willing to take a defensive driving course. State Farm’s Drive Safe & Save™ usage-based program is another way to save. It allows good drivers to earn a discount for avoiding behaviors such as speeding.

Keep reading: State Farm insurance review

USAA: Best for Military Members

USAA offers some of the lowest rates in the car insurance industry on average, but its policies are only available to active military members, veterans and their immediate families. The company earned the highest score across every region in the J.D. Power 2023 U.S. Auto Insurance Study℠ , which focuses on customer satisfaction.

Keep reading: USAA insurance review

Geico: Best for Budget-Conscious Drivers

Geico generally offers reasonable rates along with a wide range of coverage options. You can save on your insurance premiums by bundling various Geico insurance policies and by maintaining safe driving habits. Geico also offers savings through its DriveEasy™ usage-based insurance program, which tracks factors like hard braking and the time of day you drive.

Keep reading: Geico insurance review

Below are some frequently asked questions about comparing a DUI vs. a DWI.

Because consumers rely on us to provide objective and accurate information, we created a comprehensive rating system to formulate our rankings of the best car insurance companies. We collected data on dozens of auto insurance providers to grade the companies on a wide range of ranking factors. The end result was an overall rating for each provider, with the insurers that scored the most points topping the list.

Here are the factors our ratings take into account:

• Cost: Auto insurance rate estimates generated by Quadrant Information Services and discount opportunities were both taken into consideration.
• Coverage: Companies that offer a variety of choices for insurance coverage are more likely to meet consumer needs.
• Reputation and experience: Our research team considered market share, ratings from industry experts and years in business when giving this score.
• Availability: Auto insurance companies with greater state availability and few eligibility requirements scored highest in this category.
• Customer experience: This score is based on volume of complaints reported by the NAIC and customer satisfaction ratings reported by J.D. Power. We also considered the responsiveness, friendliness and helpfulness of each insurance company’s customer service team based on our own shopper analysis.

Our credentials:

• 800 hours researched
• 45 companies reviewed
• 8,500+ consumers surveyed

*The sections on DUI arrests excluded California, Florida, Illinois, Maryland, New Jersey, New Mexico, New York and Pennsylvania because the FBI received limited 2021 data from them.

**Data accurate at time of publication