DUI: Auto Insurance Explained [2024]
It's important to understand what a DUI is and the associated punishments to be prepared in case you or a family member are involved in an accident due to someone driving under the influence. Punishments for a DUI or DWI will depend on the driver's blood alcohol content, previous offenses, and whether or not there were any major injuries. In some states, a DUI resulting in death can be punishable with lifelong sentences.
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed Insurance Agent
UPDATED: Jan 22, 2024
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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: Jan 22, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance providers please enter your ZIP code above to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- A DUI is a punishable offense for driving under the influence of alcohol or drugs
- A DUI and DWI are similar offenses, but a DWI typically carries heavier penalties
- A DUI resulting in death is a major offense that may be punishable up to life in prison
If you’ve been shopping for quotes on auto insurance, you may have been asked if you’ve had a DUI. If you are a new driver, you might as yourself, “What is a DUI?” and, “How will a DUI impact my auto insurance policy?”
Numerous factors affect your auto insurance rates. We’ll help identify how a DUI can increase your rates and why a DUI is considered a derogatory mark. We will also compare a DUI vs. a DWI.
Keep scrolling to learn more about DUI, or enter your ZIP code above to get free quotes from the best auto insurance providers in your area.
What is a DUI?
DUI stands for “driving under the influence” (or drunk driving) and is considered a major driving offense. According to the National Highway Traffic Safety Administration, about 28 people die per day due to drunk driving.
The confusing part to many people is that there is also a DWI which stands for “driving while intoxicated.” Which is worse, DUI or DWI? Well, technically that will depend on the outcome.
Assuming you were simply pulled over without being involved in an accident, a DWI is the more serious of the two charges. This typically means that your blood alcohol content (BAC) was over the legal limit of 0.08.
A DUI, on the other hand, can be issued even if your BAC is below the legal limit but above zero. Many states have a zero-tolerance policy with a set minimum BAC value.
Zero Tolerance BAC Levels by State
State | Zero Tolerance BAC |
---|---|
Alabama DUI | 0.02 |
Alaska DUI | 0 |
Arizona DUI | 0 |
Arkansas DWI | 0.02 |
California DUI | 0.01 |
Colorado DUI | 0.02 |
Connecticut OWI | 0.02 |
Delaware DUI | 0.02 |
DC DUI | 0 |
Florida DUI | 0.02 |
Georgia DUI | 0.02 |
Hawaii DUI | 0.02 |
Idaho DUI | 0.02 |
Illinois DUI | 0 |
Indiana DUI | 0.02 |
Iowa OWI | 0.02 |
Kansas DUI | 0.02 |
Kentucky DUI | 0.02 |
Louisiana DWI | 0.02 |
Maine OUI | 0 |
Maryland DUI | 0 |
Massachusetts OUI | 0.02 |
Michigan DWI | 0 |
Minnesota DWI | 0 |
Mississippi DUI | 0.02 |
Missouri DWI | 0.02 |
Montana DUI | 0.02 |
Nebraska DUI | 0.02 |
Nevada DUI | 0.02 |
New Hampshire DUI | 0.02 |
New Jersey DWI | 0.01 |
New Mexico DUI | 0.02 |
New York DWI | 0.02 |
North Carolina DWI | 0 |
North Dakota DUI | 0.02 |
Ohio DUI | 0.02 |
Oklahoma DUI | 0 |
Oregon DUI | 0 |
Pennsylvania DUI | 0 |
Rhode Island DUI | 0.02 |
South Carolina DUI | 0.02 |
South Dakota DUI | 0.02 |
Tennessee DUI | 0.02 |
Texas DWI | 0 |
Utah DUI | 0 |
Vermont OWI | 0.02 |
Virginia DUI | 0.02 |
Washington DUI | 0.02 |
West Virginia DUI | 0.02 |
Wisconsin DUI | 0 |
Wyoming DUI | 0.02 |
The DUI laws can vary slightly from state to state although the legal limit for a BAC is 0.08 for every state. Many states have a zero-tolerance of 0.02, which is likely just one drink for many people.
The way an officer or judge would classify your intoxication status would likely depend on a multitude of factors such as your BAC, your driving history, if you injured anyone, or were driving recklessly.
What are some DUI consequences?
A DUI may not be considered as serious as a DWI, but it can still come with some hefty consequences, including fines, jail time, and a suspended license. Again, these punishments will vary depending on the state or county you live in.
Punishments can vary quite drastically and some states are more tolerant than others. For example, Arkansas will suspend your license for refusing to take a BAC test.
Your punishment also depends on your number of past offenses. For example, the first offense elicits a six-month license suspension while each additional offense adds another year to your license suspension.
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The fines, in general, range from $100 to more than $10,000 and continue to depend on the offense, your level of intoxication, and other factors.
For example, Florida increases the severity of fines and imprisonment if there is a minor in the vehicle. Fines can double while imprisonment can become mandatory and also increase in duration.
Of course, you can anticipate that there will be increases in the car insurance rates for impaired drivers that also depend on the nature of the incident.
What is a DUI charge and how is it different from a DWI charge?
As mentioned earlier, there are some differences between a DUI and DWI. The difference depends to your level of intoxication or impairment and if there were any major injuries in an accident resulting from your impairment.
Most states have three intoxication levels. The first is the minimum limit which varies by state and typically falls around a BAC of 0.02. The next is the standard legal limit of 0.08.
Lastly, there is a so-called cut-off point where there may be additional penalties for driving while well over the limit. This level also varies by state, but is often around 0.15 — or nearly double the legal limit.
In Florida, the punishments for a 0.15 BAC would be the same as if you had a minor in the vehicle, with both fines and imprisonment as possibilities. This type of infraction would result in a DWI charge.
A DUI charge, on the other hand, typically falls near the 0.08 limit. For example, if you were just slightly above 0.08, you could be jailed until you sobered up.
Florida won’t release someone who recorded a DUI unless they are no longer intoxicated, have a BAC of 0.05, or they have waited a minimum of eight hours. These policies also vary by state.
Read more:
What is a DUI resulting in death?
A DUI resulting in death is simply an event in which an intoxicated driver kills another person and/or an unborn child. This could be a pedestrian, another driver, or a passenger.
A DUI resulting in death is one of the most serious driving offenses. The penalties vary by state.
In short, DUI manslaughter is a major offense because it is considered a criminally negligent event that results in the death of another person. This means that you were purposefully breaking the law while it occurred.
In many states, DUI manslaughter, or DUI resulting in death, can be classified similarly to second-degree murder. There are different punishments in each state based on some of the following factors:
- Proven negligence
- Accidental or purposeful
- State felony classification
- Previous offenses
- Awareness of event
Fines and prison sentences for DUI vary by state. Some states consider a DUI resulting in death a serious crime.
For example, Maryland’s vehicular homicide punishment is a maximum of five years in prison while Illinois requires a minimum of six years, but a maximum of 28.
Some states have additional stipulations that could influence the jury’s verdict and the judge’s ultimate punishment. If you were charged with DUI manslaughter in Florida and you did not attempt to render aid to the dying person involved, your prison sentence could be doubled.
In short, it’s important to check your state’s DUI laws to get a better idea of the punishments associated with a DUI or DWI.
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Key Takeaways About DUIs
A DUI has potentially life-changing penalties if you are convicted. The penalties are dependent on the result of your intoxicated driving, any previous offenses, and any resulting serious injuries or deaths.
Don’t forget to enter your ZIP code below to get free quotes from top insurers in your area.
Frequently Asked Questions
What is a DUI?
A DUI is driving under the influence of alcohol or drugs and is considered a major offense.
How does a DUI affect insurance rates?
A DUI can lead to higher insurance rates or policy cancellation due to the increased risk it poses.
What are the consequences of a DUI?
Consequences of a DUI may include fines, license suspension, jail time, and mandatory alcohol education programs.
Is there a difference between DUI and DWI?
DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably, but their meanings can vary by state.
What is a DUI resulting in death?
A DUI resulting in death refers to a fatal accident caused by an intoxicated driver, leading to severe penalties.
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed 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.