OWI vs DUI: What's The Difference? (2024)

OWI stands for Operating While Intoxicated or Operating While Impaired. Some states, including Wisconsin, Michigan, Iowa and Indiana have chosen to use OWI to describe the crime of drunk driving instead of the more common DUI terminology.

Both OWI and DUI offenses usually involve a motorist having a blood alcohol concentration (BAC) above the 0.08% legal limit or otherwise driving unlawfully while under the influence of drugs or alcohol.

In addition to DUI and OWI, some states use other terms for drunk driving offenses. For example, states may call these offenses:

• Operating under the influence (OUI)
• Operating a vehicle under the influence (OVI)
• Operating a vehicle under the influence of an intoxicant (OVUII)
• Driving while intoxicated (DWI)
• Operating a motor vehicle while impaired (OMVI)
• Driving while ability impaired (DWAI)
• Driving under the influence of intoxicants (DUII)

Despite the different terms, the definition of the crime is generally the same across the board. A motorist who gets behind the wheel after consuming too much alcohol or taking drugs can be convicted of a criminal offense and can lose their driver’s license as well as facing other potential penalties.

When you are arrested for drunk driving, regardless of what the specific offense is called, typically:

• The police will detain you
• Your car will be towed, which you will be required to pay for
• You will be taken to the police station
• You will be asked to submit to a blood alcohol content (BAC) test. Because every state has implied consent laws, you will face consequences if you refuse to take the test
• You may be locked up in jail until bail is paid

A court case will also proceed against you and you can face additional penalties if you are convicted of a OWI or DUI offense.

Although there’s often not much difference between OWI vs. DUI in most situations, there are circ*mstances where states use different terms to describe different offenses.

DWI may refer to driving with a BAC over the legal limit, while DUI may refer to driving under the influence of drugs, but these terms are used in different ways in different states. For example, in Texas a DUI applies to a person under age 21 who drives after consuming any alcohol, while a DWI is charged when a driver has a BAC over 0.08%.

You can be convicted of a drunk driving crime when you have a BAC above the legal limit of 0.08% for adults and 0.02% for motorists under age 21. But this isn’t the only situation where you could be charged with a criminal offense for using alcohol before getting behind the wheel.

A high BAC test is classified as “legal intoxication” and immediately leads to DUI or OWI charges (depending what your state calls the crime). Once your BAC exceeds the legal limit, a prosecutor doesn’t have to provide any additional proof that you broke the laws prohibiting drunk driving (this is called per se DUI).

But, you do not have to have a high BAC to be convicted of a drunk driving offense. If there is other evidence of impairment while behind the wheel, you can be convicted of a DUI offense without a high BAC as long as the prosecutor can prove impairment beyond a reasonable doubt due to drugs or alcohol.

For example, security or traffic camera footage could be used to show you were driving in an impaired manner due to alcohol use even if you didn’t take a BAC test or if the test didn’t show a 0.08% or higher. Field sobriety tests can also be used as proof.

As mentioned above, sometimes these two offenses have different names such as DUI and DWI. But the penalties will generally be similar regardless of whether you were legally drunk or simply impaired.

The penalties for OWI vs. DUI are typically the same. The specific consequences you will face are determined based on factors such as whether you have had any prior convictions for a drunk driving offense as well as how high your blood alcohol concentration was at the time of your arrest.

Some of the penalties that you can expect include:

• The temporary suspension or permanent revocation of your driver’s license
• A requirement you install an Ignition Interlock Device in your vehicle. This will test your BAC level before you can start your vehicle and periodically while driving
• Restrictions on when and where you can drive
• A DUI screening and potentially treatment for alcohol or drug addiction
• Probation
• Jail time

The consequences can be life-changing, even for a first offense, but grow progressively more serious with repeated convictions.

No matter what it’s called, a drunk driving offense isn’t something to take lightly. If you are accused of operating a vehicle while under the influence of drugs and alcohol, you should contact an experienced attorney as soon as possible.

A drunk driving lawyer can help you to better understand the difference between OWI vs. DUI if this is relevant to your case, and can also offer comprehensive assistance in deciding on the best way to respond to criminal charges.

Be sure to find a lawyer with experience handling similar crimes, and reach out to your attorney as soon as possible after your arrest so you can protect your rights during the criminal proceedings.