OWI vs DUI: Is There A Difference?

Every day in the United States, about 37 people die in drunk driving accidents. The NHTSA study in 2021 revealed that 13,384 died in crashes that year. Too many individuals do not realize how even a little alcohol impairs vision and reaction time and puts you and other drivers on the road at risk.

Through our study, we will show the variances between the different terminologies we see and what they mean to you and me. In my eight years of insurance experience, I have found that a bit of education can help people make wise decisions and make it home to their families safely.

The legal BAC (blood alcohol content) level for all states for an adult is .08 percent. If you are under twenty-one, it lowers to .02 percent. This level is determined by field sobriety tests such as walking in a straight line or balancing.

Other methods that can register your BAC include breathing into a device called a breathalyzer. All states have implied consent laws; you give this consent when you receive your license, but in most cases, they can only be applied after you have been arrested.

You can refuse a field sobriety test, but it won’t mean the officer will let you drive off. More than likely, he will have greater cause to arrest you, especially if one has presented reasons for the officer to suspect the driver was impaired; weaving, speeding, driving too slow, or behavior after the traffic stop was initiated.

OWI vs DUI

With fifty states and different authorities, there are several acronyms out there that all point to the same definition: an individual is behind the wheel of a motor vehicle impaired. However, their language varies slightly. The two primary are OWI and DUI:

• OWI – Operating While Intoxicated (Impaired) – The general definition for OWI includes both words ‘intoxicated’ and ‘impaired’ depending on where you live. The most common difference is that ‘intoxicated’ would exclusively mean alcohol, and ‘impaired’ would include all other means. This can include drowsiness.
• DUI – Driving Under the Influence – This is a broader stroke. It can include alcohol, drugs, or even prescription and OTC medication. Basically, it is anything that is consumed that lessens your ability to perform behind the wheel of a motor vehicle.

In most instances, though, these terms are used interchangeably. The real difference is where you are at the time. The states determine the acronym.

Common Drunk Driving Acronyms

Here is a list of common acronyms other than OWI and DUI:

• OUI – Operating Under the Influence – Maine defines OUI as an individual being stopped or arrested upon probable cause that they were driving a vehicle while their BAC was over the legal limit.
• OVI – Operating a Vehicle under the Influence – Ohio’s law is much simpler and easier to prove. Its verbiage is ‘operating a vehicle while intoxicated or impaired.’ This wording does not require proof the driver’s abilities were impaired.
• OVUII – Operating a Vehicle Under the Influence of an Intoxicant – Hawaii’s definition is fairly self-explanatory, establishing reasonable suspicion to believe a person has been operating a vehicle while under the influence of an intoxicant.
• DWI – Driving While Intoxicated – In Texas, a person is DWI when they are intoxicated while operating a motor vehicle in a public place.
• OMVI – Operating a Motor Vehicle while Impaired – Louisiana considers this crime of operating a vehicle, aircraft, watercraft, vessel, or other means of conveyance while under the influence of alcohol, controlled substances, or a combination of substances.
• DWAI – Driving While Ability Impaired – In New York, this is a lesser charge than DUI. However, the blood concentration here is between .05 and .079 percent at the time of arrest. The penalties under this charge are lesser as well.
• DUI – Driving Under the Influence – California defines DUI as being found to be driving with alcohol or other substances in your system.
• DUII – Driving Under the Influence of Intoxicants – Oregon adds an extra ‘I’ to narrow down what ‘influence’ defines. These can be alcohol, drugs, or a combination of the two. It also adds a time factor of within two hours of driving.

As you can see, all these definitions are similar regardless of which state you live in. Most of it depends on what substances are included, the time frame, and some, the legal level of intoxication, as in the New York example.

State By State Abbreviations

We have reviewed the above definitions. Here is how each of these definitions fall on each state:

Drunk Driving Penalties

Drunk Driving penalties vary depending on the severity of the offense. As we learned from our definitions, there are varying levels of drunk and intoxicated driving, depending on where you live. Here are some examples of the penalties one can receive if one elects to get behind the wheel after having one too many.

For a conviction of an OWI or DUI, a driver can face:

• Fines – From a few hundred dollars up to $5000.
• Community service – Some states, like IL, allow this as a penalty for some infractions.
• License suspension/revocation – Suspensions from around 45 days up to three years. Revocations can be ten years plus.
• Ignition interlock device installation – Many states can impose some form of ignition device system from 90 days to an undetermined period of time.
• Imprisonment – Any type of accident, injury, or worse can and most likely will incur prison time, especially for a repeat offender. Six months, a year, up to 25 years can be possible in some states.

Each state has its own laws and penalties in place. Of course, the severity of the offense would escalate the penalty served. For instance, if you caused an accident where there was a loss of life, penalties above and beyond what is stipulated could be charged.

DUI vs DWI and OVI vs DUI

Here are a few of the terms we used and how they compare and differ against each other.

DUI vs DWI

As we covered above, the difference resides with the states. Each can define each term differently. But it seems the common thread is the substance the driver is using. Driving Under the Influence has a broader meaning that includes all means that can impair a driver, including alcohol, drugs, prescriptions, and even lack of sleep.

Driving While Intoxicated narrows the definition down to substances, primarily alcohol, and usually includes having a BAC over the legal limit. However, it can include drugs in some cases, depending on the state in which you reside.

OVI vs DUI

OVI can open the door to additional motor vehicles that generally would not be included within the typical terminology of a DUI. A vehicle under that language could be any craft with a motor. A boat, plane, or other means of conveyance. This would not include a motorcycle as they would have their own type of insurance.

In some cases, when the Operates a Vehicle under the Influence is applied, the law does not have to prove someone’s driving abilities were impaired. They only need to have proof they were driving a vehicle. Ohio is one state that applies this definition. For example, under a DUI, one must be driving and pulled over. For an OVI, a person can be in a parking lot idling and can be charged.