What does OWI mean?

Why “operating” is the important word

In states that use OWI — Iowa, Michigan, Indiana and Wisconsin among them — the offense covers operating the vehicle, which courts read more broadly than driving. Sitting in a stationary car with the engine running, or with the keys in reach and the ability to start it, has been enough to support charges in some of these states. That is how people are convicted without the vehicle ever moving — for example, after pulling over to “sleep it off” with the engine on for heat. States that use “driving” or “actual physical control” draw the line in different places, and courts look at facts such as where the keys were, whether the engine was running, and where the person was sitting.

The different labels

• DUI — driving under the influence, the most common term.
• DWI — driving while intoxicated or impaired; in a few states, such as New York, DWI and DWAI (driving while ability impaired) are separate offenses at different levels.
• OWI — operating while intoxicated.
• OUI — operating under the influence, used in Massachusetts and Maine.
• OVI — operating a vehicle impaired, used in Ohio.

The names differ, but the core offense is the same everywhere: controlling a motor vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration over the legal limit. Most states also apply these laws to boats, and some to bicycles, horses or riding mowers on public roads.

What the prosecution proves

There are usually two ways to prove the offense. Impairment: evidence that alcohol or drugs affected the person's ability to drive safely, shown through driving behavior, appearance, speech, field sobriety tests and admissions. Or a per se violation: a blood alcohol concentration at or above 0.08 percent for adults (0.05 in Utah), 0.04 for commercial drivers, and the zero-tolerance figure for drivers under 21. Many states also have per se rules for certain drugs. Per se cases turn on the reliability of the test: calibration and maintenance records, the observation period before a breath test, the qualifications of the person who drew blood, and the chain of custody.

Penalties for a first offense

Typically a misdemeanor: fines and court costs, possible jail (often suspended or short for a first offense), license suspension, alcohol assessment and education, probation, and in many states an ignition interlock device. Penalties rise with a high BAC (commonly 0.15 or more), a child passenger, an accident causing injury, or prior convictions. A third offense, or an OWI causing serious injury or death, is a felony in most states.

Watch

Two tracks, two clocks

Every impaired-driving arrest produces a criminal case in court and a separate administrative license action. The license hearing request is usually due within 7 to 30 days of the arrest, long before the first court date, and the two can end differently: a person can win the criminal case and still lose the license, or the reverse.

Lookback periods

Prior convictions count for enhanced penalties only within a lookback period, which ranges from five or ten years in many states to a lifetime in others. A conviction under a different name in another state — a DUI in one state, an OWI in another — generally counts as a prior offense.

Common defenses

No lawful basis for the stop; no probable cause for the arrest; problems with the breath or blood test; a medical explanation for the observed signs, such as diabetes, fatigue or an injury; or, in “operating” cases, evidence that the person was not in control of the vehicle. Many cases are also resolved through a plea to a reduced charge, sometimes called a “wet reckless,” where state law allows it.

What to do after an arrest

Note the deadline for the license hearing, keep all paperwork you received, and contact a DUI lawyer licensed in the state where the arrest happened — even if you live somewhere else.