Is There a Difference Between OWI and DUI?

Were you involved in a traffic stop in Oakland County while intoxicated? Worse yet, did you cause an accident while driving intoxicated? If you haven’t acquired the services of an expert DUI attorney yet, it’s time you did.

Getting an OWI or DUI is a scary situation that could have serious repercussions without proper representation. Plus, if you haven’t been properly briefed, you’re probably confused about the difference between OWI and DUI.

We’ll clarify this for you.

The Difference Between OWI and DUI in Michigan

Simply put, DUI stands for “driving under the influence,” while OWI stands for “operating while intoxicated.” They are essentially the same thing. There is a subtle difference though.

With a DUI, the implication is that a person is driving. In other words, he or she is in physical control of a moving vehicle. Seeing an error in this line of thinking, Michigan and four other states have ceased to use the DUI acronym and swapped it out exclusively for OWI. This is because a person can still operate a motor vehicle, even if it’s not moving. 

Thus, at one time in Oakland County, a person arrested for a DUI could get their case dismissed by arguing that they were in a parked car or at an intersection. This defense is no longer feasible in Michigan.

It’s important to note though that DUI is the more common term across most of the rest of the country so it’s not unusual to hear it still used in Michigan. In fact, if you were arrested for drunk driving in Oakland County, your ticket may say DUI.

You can bet, however, that in official court proceedings, it will be referred to as operating while intoxicated (OWI).

There Are Different Kinds of OWI Charges

Now that it’s (hopefully) a bit clearer about OWI vs. DUI, you understand that if you’ve been arrested in Michigan, you’re looking at an OWI charge.

But which one?

A straight OWI charge means you were operating a vehicle with a minimum blood alcohol content (BAC) of .08% or any amount of a controlled substance in your body and were influenced by these substances.

If your ability to operate the vehicle was visibly impacted by the use of alcohol or another intoxicating substance, you’ll be charged with Operating While Visibly Impaired (OWVI).

Operating With the Presence of Drugs (OWPD) will be the charge you’re facing if your ability to drive was negatively affected by illegal narcotic drugs such as heroin, meth, peyote, LSD, cocaine, or ecstasy.

There is a fourth charge of a Zero Tolerance OWI. This applies to drivers under the legal drinking age of 21 who have a BAC between 0.02% and 0.07%. There are many variables at play in how your specific OWI case will be charged. This is why you need an experienced attorney who understands these variables and can maneuver within the laws to minimize penalties if you’re convicted.

Possible Penalties for an OWI Conviction

For a first-offense OWI, you could serve up to 93 days in jail, have to pay fines of $100 to $500, and serve 45 days of community service. There may also be vehicle immobilization and a possible ignition interlock device during probation.

If it’s your second offense, you may serve jail time up to one year, with a maximum fine of up to $1000. There will be no more than 90 days of community service and your car may be fitted with an ignition interlock device.  For a third offense, you’re looking at a felony charge. This means a mandatory minimum of 30 days in jail with up to five years in prison if convicted. There will be a maximum 180 days of community service, mandatory vehicle immobilization, and an ignition interlock device during probation.

Don’t Mess Around with an OWI Charge In Oakland County

Knowing the difference between OWI and DUI might be helpful, but it isn’t going to do much to lessen the legal repercussions of your specific charge.

What you need is a reputable Oakland County defense attorney in your corner.

So contact us today or call (248) 645-1400 to get just that. Let us take on your case and protect your rights.