OWI vs. DUI: What Are the Similarities and Differences? 2024

Drunk Driving Offenses

States have jurisdiction over crimes within their borders. Be that as it may, the U.S. government, legal scholars, and lobbying groups have successfully created unusually uniform criminal statutes. In other words, if someone’s actions violate the criminal laws of one state, they’re likely to violate those of other states as well.

One area of the law that has experienced such uniformity in a remarkably short period is drunk driving. After New York passed the nation’s first drunk driving law in 1910, states went on to experiment with various definitions and restrictions. That was, however, until 2004, when Delaware amended its drunk driving law, bringing near-uniformity among all 50 states.

Altogether, these laws denote criminal offenses in two ways. First, a driver violates the law by driving while their physical or mental faculties are impaired by drugs or alcohol. Notably, this particular violation occurs regardless of the concentration of alcohol or drugs in the driver’s system at the time.

Second, a driver also commits an offense by driving with a drug or alcohol concentration above their state’s limit. This offense is called a per se violation, and it applies regardless of the effects of drugs or alcohol on the driver’s abilities.

As such, prosecutors can charge a driver with a crime when any of the following occurs:

• The driver is impaired but has test results below the limit

• The driver has test results over the limit but is not impaired

• The driver is both impaired and over the limit

The punishment for these violations varies by state, but it can typically include probation, jail time, fines, community service, and substance abuse treatment.

Names for These Offenses

Despite the uniformity in the country’s laws, there is remarkable variation in the names of the actual offenses. Anyone researching drunk driving laws might wonder, “What does OWI stand for?” or “What does OWI mean?”, especially after reading up on similar laws with different terms.

The following phrases are most often seen in drunk driving laws:

• Driving under the influence (DUI)

• Driving while intoxicated or impaired (DWI)

• Operating while intoxicated or impaired (OWI)

• Operating a vehicle under the influence (OUI or OVI)

Interestingly, some of these terms are regional. “OWI,” for example, is primarily used in the Midwestern states of Iowa, Indiana, Michigan, and Wisconsin, while Ohio uses the term “OVI.”

What is the Difference Between OWI and DUI?

When a state uses the term “OWI,” it is interchangeable with the use of the term “DUI” in other states. Only a few states (those being Texas, Utah, and Rhode Island) use the terms “DWI” and “DUI” to identify separate violations.

As such, the reasons why a state may choose to use OWI over DUI are usually not substantive. Instead, a state might prefer its selected term for the following reasons:

Perceived Precision

The first reason arises from a legal principle stating that criminal statutes must be precise enough for people to know what they can and cannot do. Legislators choose the language they believe will best inform locals of the scope of the law. In some states, drafters simply believed (and law enforcement still agrees) that “intoxicated” and “impaired” were more precise than “influenced.”

Local Usage

“DUI” might feel like a natural term to anyone who grew up in a state that uses it in its laws. But in states that use OWI or OVI, those terms feel just as natural. As simple as it sounds, legislators most likely use the OWI meaning police in the area are already familiar with to avoid writing a different term into their laws.

Vehicles Other Than Automobiles

The phrase “operate” is broader than “drive,” particularly when you intend to refer to vehicles beyond cars. For example, many states define “vehicle” in their statutes as including the following:

• Bicycles

• Motorcycles

• All-terrain vehicles (ATVs)

• Low-speed vehicles, like golf carts

Therefore, when writing their drunk driving laws, state legislators might have felt that “operate” fit more naturally with these vehicles than “drive.”

Equally importantly, every state prohibits boating and flying while intoxicated. Half of boat accidents involve drugs or alcohol. Again, “operate” fits more naturally for statutes that apply to these vehicles than “drive.”

Enforcement of OWI vs. DUI

With the above information in mind, you may still wonder, “What is an OWI charge?” An OWI arrest or charge is the same as that for a DUI. A prosecution for an OWI crime usually begins when a police officer observes the driver doing something erratic, such as:

• Weaving

• Driving slowly

• Hitting the curb

• Driving the wrong way

Alternatively, an officer might suspect intoxication while investigating a car accident. Serious injury and death are possible in an OWI crash, meaning the driver might face assault or homicide charges in addition to OWI charges. Fear of such intense charges is often the reason why many intoxicated drivers commit hit-and-runs.

In either situation, the officer will likely ask the driver to take both a field sobriety and breath test. These requests are carefully calculated to determine which OWI violation the driver committed. The field sobriety test determines the level of physical and mental impairment, while the breath test determines whether the driver’s BAC exceeds the legal limit.

If the driver fails either of these tests, the officer has probable cause to arrest them and recommend OWI charges to local prosecutors. Once that happens, the driver will likely need a DUI lawyer to defend them.

Learn More About OWI From ConsumerShield

Getting arrested for an OWI can be a confusing matter, seeing as many people do not know what the term means and how to defend their actions. ConsumerShield helps people facing criminal charges by referring them to a lawyer familiar with OWI law. Contact us for a free case review.