What does OWI mean?

Why «operating» is the important word

In states that use OWI — Iowa, Michigan, Indiana and Wisconsin among them — the offence 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. That is how people are convicted without the vehicle ever moving.

The different labels

• DUI — driving under the influence, the most common term.
• DWI — driving while intoxicated; in a few states DWI and DUI are separate offences at different alcohol levels.
• OWI — operating while intoxicated.
• OUI — operating under the influence, used in Massachusetts and Maine.

What the prosecution proves

Either impairment by alcohol or drugs, or a per se violation — a blood alcohol concentration at or above 0.08 per cent for adults, 0.04 for commercial drivers, and the state's zero-tolerance figure for drivers under 21. Per se cases turn on the reliability of the test: calibration records, observation periods, the qualifications of the person who drew blood, and the chain of custody.

Two tracks, two clocks

Every impaired-driving arrest produces a criminal case and a separate administrative licence action. The licence hearing request is usually due within 7 to 30 days of the arrest, long before the first court date.