DUI vs DWI vs OVI vs OWI: What’s the difference?
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What do the various abbreviations for impaired driving mean? Let’s find out:
DUI = Driving Under the Influence
DUII = Driving Under the Influence of Intoxicants
DUI-D = Driving Under the Influence of Drugs
DUII-CS = Driving Under the Influence of Intoxicants: Controlled Substances
DWI = Driving While Intoxicated
OVI = Operating a Vehicle while Intoxicated (Ohio only)
OMVI = Operating a Motor Vehicle while Impaired
OWI = Operating While Intoxicated (Wisconsin, Michigan, Iowa and Indiana only)
OUI = Operating Under the Influence of intoxicating liquor
DWAI = Driving While Ability Impaired
ADWI = Aggravated Driving While Intoxicated
These terms are each related to a legal charge for driving while impaired, with subtle differences by state and for alcohol, drugs, and severity of the impairment. In a sense, they all mean the same thing - that you’re in legal trouble due to having operated a vehicle while impaired on some substance. Each state sets their own laws, but they have (almost) universally adopted a 0.08 blood alcohol content (BAC) limit. The only current exception is Utah, where the limit is 0.05 BAC, but other states are considering lowering their limits too.
Definition of “driving” or “operating” a vehicle:
This is defined as being in “actual physical control” of the vehicle. This is the reason that you can get a DUI (or any like-kind charge), even when you’re not actively driving. If you’re parked, you’re still in physical control of the vehicle, so you’ll likely be given a DUI if you’re impaired. Courts typically consider a few factors to determining “actual physical control” including:
Were the keys in the ignition (or was the key-fob in the possession of the person)?
Was the engine running or car activated?
Was the vehicle operable?
Was the person sitting in the driver’s seat or another seat?
It is allowable to “sleep it off” in your car?
This is very risky, and DUIs are commonly issued to people for doing this. The rationale is that if the person was in “actual physical control” of the vehicle, they pose a threat to highway safety. So, for the officer to know with certainty that the person was not in control, they need to be not in the driver’s seat, the engine should not be running, and they should not be in a situation in which they had to drive to get there. For example, sleeping it off on the side of a road is likely giong to result in a DUI because they had to drive to get there. If you’re sleeping it off in the parking lot of a bar, make sure you’re not in the driver’s seat and make sure the vehicle is not on. This causes challenges for cold climates of course, but it’s always safer to sleep it off in a passenger’s seat and plead your case to the judge if you get a charge.
Why do commercial drivers have a different BAC limit?
Commercial drivers are those who operate vehicles with large and heavy loads or large numbers of passengers. Commercial drivers licenses enable their holders to operate vehicles that weight more than 16,001 pounds or carry more than 15 passengers. Therefore, there is a lot of additional responsibility placed on CDL holders, and as a result, they are limited to 0.04 BAC. This limitation is for CDL drivers at all times, not just when they’re operating a commercial vehicle.
For many people, a 0.04 BAC is achievable after greater than one drink, so if you have a CDL, be extremely careful and make plans to get a sober ride if you’ve been drinking at all.
What are the penalties for being convicted of DUI / DWI / OVI / OWI?
The penalties vary by state and usually depend on a number of factors. Those include how many impaired driving convictions you have in your past, how impaired you were at the time of arrest, and whether any property damage or injuries occurred as a result. Much more severe penalties can result if you have any of these additional issues.
Some of the common penalties for impaired driving convictions are below:
Treatment for alcohol and or drug addiction
Suspension or revocation of your driver’s license
Installation of an ignition interlock breath alcohol device in your vehicle.
Restrictions on when and were you’re allowed to drive
Restrictions on visiting bars
Probation
Fines
Jail
What to do if you’re too impaired to drive but need to get somewhere?
Proper prior planning is always the best choice. Make decisions about how many drinks you will consume and stick to it. If you’ll be consuming more alcohol or drugs than you can safely drive on, make plans for a sober ride. If you’ve had to much and don’t have another option, ask a friend to drive you or call a rideshare (Uber/Lyft) or a taxi. Impaired driving charges are extremely expensive, not to mention the risk to your life and others. Never, ever drive while impaired. It just isn’t worth it.
How can Gaize help to stop impaired driving?
Gaize is a rapid screening device that checks for impairment in the eyes using the same tests that law enforcement Drug Recognition Expert officers use. Gaize can be used to ensure that you’re safe to drive before leaving. Employers, bars, law enforcement, venues and similar can all use Gaize to ensure that safe driving laws are being followed.
