OWI/OVI

29 Apr

OWI (Operating While Intoxicated) and OVI (Operating a Vehicle Impaired) are criminal offenses related to impaired driving, similar to DUI/DWI, but they are terms used in specific U.S. states. They refer to operating any vehicle while under the influence of alcohol, drugs, or a combination of both.

🔹 Key Definitions:

  • OWI (Operating While Intoxicated):

    • Used in states like Indiana, Iowa, and Michigan.

    • Broadly includes operating any motorized vehicle (not just cars) while impaired by alcohol, drugs, or intoxicants.

    • “Operating” can include sitting in a running vehicle or having control of the vehicle while impaired, even if it’s not moving.

  • OVI (Operating a Vehicle Impaired):

    • Primarily used in Ohio.

    • Covers alcohol, illegal drugs, prescription drugs, or a combination.

    • Applies to any type of vehicle, including bicycles and boats in some cases.

🔹 Legal Limits:

  • Blood Alcohol Concentration (BAC) limits:

    • 0.08% for drivers 21 and older.

    • 0.04% for commercial drivers.

    • 0.02% or zero tolerance for drivers under 21.

  • Drug impairment is determined through blood, urine, or behavioral tests.

🔹 Penalties (vary by state and offense severity):

First Offense:

  • Misdemeanor charge

  • Fines ranging from $300 to $1,500

  • Jail time: up to 180 days

  • License suspension: 90 days to 1 year

  • Mandatory education or treatment programs

  • Possible installation of an Ignition Interlock Device (IID)

Repeat or Aggravated Offenses:

  • Can be upgraded to a felony

  • Longer jail or prison terms

  • Heavier fines

  • Extended license suspension or revocation

  • Permanent criminal record

🔹 Aggravating Factors:

  • High BAC (e.g., 0.15%+)

  • Minors in the vehicle

  • Causing bodily harm or death

  • Prior OWI/OVI/DUI convictions

🔹 Differences from DUI/DWI:

 

Term Stands For Common States Key Focus

DUI Driving Under the Influence CA, FL, TX Focus on driving while impaired DWI Driving While Intoxicated NY, MN, NC Often more severe or alcohol-specific OWI Operating While Intoxicated IN, IA, MI Includes "operating" not just "driving" OVI Operating a Vehicle Impaired OH Covers broader types of impairment and vehicles

Tags OWI/OVI