OWI Vs DUI - What is the Difference?


owi vs dui

If you want to know about OWI vs DUI, then this is the right place. OWI and DUI are two different crimes, but each has a similar definition. The distinction is most clear if you've ever driven while intoxicated. In a DWI charge, a person's blood alcohol concentration was over the legal limit. In an OWI, however, the officer can observe a behavior that suggests impairment. An officer can make this determination based on the behavior of the driver. A driver accused of drunk driving does not have to be impaired by alcohol or drugs to be arrested.

Depending on the state, driving under the influence can be a misnomer. Under the influence laws vary from state to state, but generally if a person is over the legal limit, they can be arrested for OWI or a DWAI. In addition, driving while intoxicated is often referred to as “operation” instead of “driving under the influence.”

An OWI charge can also be filed against someone peddling a tricycle or boat. In some cases, the OWI charge will even apply to those peddling a tricycle on a sidewalk. You can hire an experienced criminal defense attorney to protect your rights and minimize the consequences of being convicted of either of these crimes. Contact Rigney Law LLC today for a free consultation. We're available around the clock, and our lawyers can be reached anytime, day or night.

If convicted of OWI, a person will likely have to undergo a probationary period in which he or she must install an ignition interlock device or breathalyzer every time the vehicle is operated. Community service may also be required, and the penalties will increase if the incident results in serious injury or death. And if it's the second time the driver has been convicted of OWI, the penalties will increase.

A criminal conviction for OWI will have penalties that depend on how drunk you are. The first offense may get you a fine of up to $300 and no jail time, but a second offense can result in a license suspension for six to nine months. An Ignition Interlock Device may be installed if your BAC is over.15%. The penalties can be severe and include exorbitant fines.

If you're arrested for OUI in Oklahoma, you'll be facing fines of up to $1,000 and up to a year in jail. In Washington, you can get a DUI even if you're not driving, as long as you were in physical control of the vehicle. In addition to fines and jail time, you'll be required to undergo alcohol or substance abuse programs. OWI in Oklahoma and other states can lead to license revocation for a year.

Moreover, in many states, DUI convictions are often enhanced to felony status because of the presence of a car accident or a fatality. If you've been charged with either crime, you'll want to make sure that your lawyer understands the ramifications of the charges. Diversion is an option that can help you avoid a criminal record and avoid jail time. However, many states do not allow DUI cases to go to trial under the provisions of diversion.