DUI
/ DWI / OUI / OWI Words
DEFINITIONS
OF LEGAL TERMS ASSOCIATED WITH “DRUNK DRIVING”
Drunk driving
is the most common crime in America. Like all “legal”
matters, certain terminology and legal definitions can be
confusing to non-lawyers. This segment of the web site
attempts to “de-mystify” these terms and phrases. While
not comprehensive, this list covers most of the more commonly
used words, terms or phrases of this area of law.;
DUI
|
This generally
is interpreted as an abbreviation for “driving under
the influence”. By far, the most common impairing
substance is ALCOHOL. However, many states also
prohibit DUI-DRUGS and DUI-TOXIC VAPORS (sniffing or
huffing paint fumes, butane, paint thinner and similar
chemicals).
|
DWI
|
The next
most common acronym is “DWI”. Depending on the
state practice, this can be interpreted as an abbreviation
for “driving while intoxicated” or “driving while impaired”.
Like DUI, many states proscribe impaired (or “intoxicated”)
driving as caused by other impairing substances, drugs,
plants or chemical compounds.
|
OUI
|
The next
most common acronym for drunk driving is “OUI”.
This stands for “operating under the influence”.
The word “operating” is actually more encompassing (and
more accurate) than “driving” because almost all states
make it illegal to “operate or be in actual physical
control” of a motor vehicle. This means that you
can be sitting in your car, off the side of the road,
with the engine running and the car in park, and asleep,
yet still be charged with OUI (or DUI or DWI, for that
matter, in most states). The states that have
OUI as their acronym are Maine, Massachusetts, and Rhode
Island.
|
OWI
|
Another
acronym for drunk driving is OWI, or “operating while
intoxicated”. Similar to OUI, the operative word
is “operating”. Wisconsin is the largest state
using this acronym.
|
OMVI
|
OMVI (operating
a motor vehicle while intoxicated) is an acronym used
in Ohio from time to time, but they also use DUI.
|
DUIL
|
DUIL (driving
under the influence of liquor) is used in a few states
in case law.
|
DUII
|
Another
state, Oregon, uses “DUII” (driving under the influence
of an intoxicant).
|
DWAI
|
In two states,
Colorado and New York, the acronym “DWAI” (driving while
ability impaired) is a LESSER INCLUDED OFFENSE to DWI
(or DUI). These “lesser offenses” offer the person
less damage to their driver’s license, and have certain
benefits over pleading to the standard DUI/DWI offense.
|
DWUI
|
One state,
Wyoming, uses DWUI (driving while under the influence).
|
DUBAL
|
Finally,
two other acronyms crop up in cases occasionally.
“DUBAL” or “UBAL” is a type of DUI/DWI that signifies
“driving with an unlawful blood alcohol level”.
This applies only to cases in which the person arrested
has given a blood, breath or urine sample. Officers
or court cases (or your attorney) may call this “per
se” DUI or “per se” DWI. In short, this means,
it is an offense to merely have driven while having
the prohibited amount of alcohol in your system regardless
of whether the police officer gathers any traditional
evidence of “impairment”.
|
UBAL
|
Same
as DUBAL. |
"Open
Container"
|
The offense
of having an "open container" inside your
passenger compartment.
|
|