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 “demystify” 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
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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).
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DWI
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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.
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OUI
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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.
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OWI
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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.
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OMVI
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OMVI (operating a motor
vehicle while intoxicated) is an acronym used in Ohio from time
to time, but they also use DUI.
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DUIL
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DUIL (driving under
the influence of liquor) is used in a few states in case law.
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DUII
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Oregon uses DUII
(driving under the influence of an intoxicant).
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DWAI
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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.
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DWUI
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One state, Wyoming,
uses DWUI (driving while under the influence).
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DUBAL
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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”.
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UBAL
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Same as DUBAL.
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"Open Container"
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The offense of having
an open container inside
your passenger compartment.
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