Find answers to common questions about OWI laws, penalties, and legal rights.
Operating While Intoxicated (OWI) is a legal term used in several states to describe the crime of driving or operating a motor vehicle while under the influence of alcohol or drugs. It's similar to DUI (Driving Under the Influence) but emphasizes the operation of a vehicle rather than just driving.
While both OWI and DUI refer to impaired driving offenses, the main difference lies in terminology and specific legal definitions that vary by state. OWI (Operating While Intoxicated) can include operating any motorized vehicle, while DUI (Driving Under the Influence) specifically refers to driving a motor vehicle.
In all states, the standard Blood Alcohol Content (BAC) limit is 0.08%. However, you can be charged with OWI even with a lower BAC if law enforcement determines your driving is impaired. Commercial drivers have a lower limit of 0.04%, and drivers under 21 are often subject to zero-tolerance laws.
Penalties vary by state but typically include: fines ranging from $150 to $1,000, license suspension for 3-12 months, possible jail time, mandatory alcohol assessment, and increased insurance rates. Some states also require installation of an ignition interlock device.
Yes, most states mandate license suspension for OWI convictions. The suspension period varies by state and offense number, ranging from 30 days to several years. Some states offer restricted licenses for work or treatment program attendance.
You have the right to: remain silent, refuse field sobriety tests (though this may have consequences), contact an attorney, request a blood test instead of breathalyzer in some states, and challenge the evidence in court. However, most states have implied consent laws that can result in automatic license suspension for refusing chemical tests.
Yes, there are several possible defenses to OWI charges, including: challenging the legality of the traffic stop, questioning breathalyzer accuracy, disputing field sobriety test administration, or proving medical conditions that might affect test results. It's important to consult with a qualified attorney to evaluate your specific case.
Our legal experts are here to help you understand your rights and options.
Contact UsDisclaimer: The information provided in this FAQ is for general informational purposes only and should not be considered as legal advice. Laws vary by state and individual circumstances. Please consult with a qualified attorney for specific legal guidance.