Driving under the influence of alcohol or drugs is a serious offense, and in many states, it is categorized under different terms like DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). However, in certain states like Wisconsin, Indiana, and Iowa, the legal terminology is OWI, which stands for Operating While Intoxicated. If you or someone you know is facing an OWI charge, it’s important to understand what it entails, the potential legal consequences, and the steps you can take to defend against the charge.
What is an OWI Charge?
An OWI charge refers to the criminal offense of operating a motor vehicle while under the influence of alcohol, drugs, or any other substance that impairs the driver’s ability to control the vehicle. The key distinction of OWI is that it emphasizes “operating” the vehicle rather than just driving. This means that even if a person is found sitting in a stationary vehicle with the engine running while impaired, they could still face an OWI charge.
The threshold for an OWI charge typically includes a blood alcohol concentration (BAC) of 0.08% or higher, though lower limits apply to commercial drivers (0.04%) and underage drivers (0.02%). It also applies if a person is found to be under the influence of controlled substances, illegal drugs, or prescription medications that impair their driving ability.
States That Use OWI Terminology
While DUI and DWI are more commonly used across the U.S., OWI is specifically used in:
- Wisconsin
- Indiana
- Iowa
- Michigan (though DUI is also used in some contexts)
These states have their specific laws and penalties associated with OWI charges, which may differ slightly from the DUI/DWI penalties in other states.
Legal Consequences of an OWI Charge
The consequences of being charged with OWI can be severe, with penalties increasing based on the number of prior offenses, the presence of aggravating factors, and whether any injuries or property damage occurred. Here are some potential consequences:
1. Fines and Court Costs
- First-time OWI offenders can face fines ranging from $150 to over $1,000, depending on the state and the specific circumstances of the case.
- Repeat offenders often face much higher fines, sometimes exceeding $10,000.
- Court costs and administrative fees will also be added, further increasing the financial burden.
2. License Suspension or Revocation
- A first-time OWI conviction usually results in a license suspension ranging from 6 months to 1 year. For repeat offenders, the suspension period can increase significantly, with some states imposing revocations lasting several years.
- In certain cases, offenders may be required to install an ignition interlock device (IID) in their vehicle, which prevents the car from starting if the driver has alcohol in their system.
3. Jail Time
- First-time offenders may avoid jail time in some cases, but others can face short jail sentences ranging from a few days to several months.
- Repeat offenders, or those involved in accidents causing injury or death, can face much longer prison sentences, sometimes stretching into years.
4. Probation and Community Service
- Courts may impose probation terms, requiring offenders to regularly check in with a probation officer, undergo alcohol or drug testing, and complete a set number of community service hours.
- Failure to comply with these requirements can result in additional penalties or extended probation.
5. Impact on Employment and Insurance
- A conviction for OWI can have long-term consequences on a person’s ability to find or maintain employment, especially in jobs requiring a clean driving record or those involving the operation of a company vehicle.
- Insurance premiums will likely skyrocket after an OWI conviction, and some insurance companies may even refuse to provide coverage to convicted offenders.
6. Other Penalties
- Mandatory participation in alcohol or drug education programs is often a condition of sentencing.
- Offenders may be required to attend counseling or undergo rehabilitation, depending on the circumstances of their arrest and any underlying substance abuse issues.
OWI vs. DUI: What’s the Difference?
Although the terms OWI and DUI are sometimes used interchangeably, there is a legal distinction between the two. DUI stands for Driving Under the Influence, which typically refers to the act of driving while impaired by alcohol or drugs. OWI, on the other hand, focuses more on the operation of a vehicle while intoxicated, regardless of whether the vehicle is in motion.
In practical terms, an OWI charge might be used in situations where a person is found in control of the vehicle but not necessarily driving (for instance, sitting in a parked car with the engine running). This broader interpretation of “operating” makes OWI charges more encompassing than DUI in certain states.
Legal Process Following an OWI Charge
After being charged with OWI, a person will go through a legal process that typically follows these steps:
1. Arrest and Booking
- Following a traffic stop or accident, if the officer suspects impairment, they may administer a field sobriety test or use a breathalyzer to measure BAC.
- If the driver fails the test or the officer has other evidence of impairment, they will be arrested and taken into custody for booking.
2. Arraignment
- At the arraignment, the defendant will be formally charged, and they will have the opportunity to enter a plea of guilty, not guilty, or no contest.
- The court may set bail, or the defendant may be released on their recognizance.
3. Pre-Trial Motions
- During the pre-trial phase, the defendant’s attorney may file motions to challenge the legality of the traffic stop or the evidence collected, such as the results of the breathalyzer test.
4. Trial or Plea Bargain
- Depending on the circumstances, the case may go to trial, where both sides present evidence and arguments before a judge or jury.
- In many cases, the defendant may reach a plea agreement with the prosecutor to reduce the charges or penalties in exchange for a guilty plea.
5. Sentencing
- If convicted, the judge will impose a sentence based on the state’s OWI laws, the severity of the offense, and any mitigating or aggravating factors.
Defending Against an OWI Charge
Several defenses can be used to fight an OWI charge. The effectiveness of these defenses depends on the facts of the case and the quality of the legal representation. Common defenses include:
1. Improper Traffic Stop
- If the officer did not have reasonable suspicion to make the traffic stop, any evidence gathered during the stop may be inadmissible in court.
2. Faulty or Inaccurate Testing
- Breathalyzers and other tests used to determine BAC are not infallible. If the equipment is not properly maintained or calibrated, the results may be challenged.
3. Medical Conditions
- Certain medical conditions, such as acid reflux or diabetes, can produce inaccurate breathalyzer results. A knowledgeable attorney may use this to cast doubt on the validity of the test.
4. Lack of Probable Cause for Arrest
- If the officer did not have probable cause to make an arrest, any resulting evidence may be excluded from the case.
Conclusion
An OWI charge is a serious legal matter with far-reaching consequences, including hefty fines, loss of driving privileges, and potential jail time. It’s important for individuals facing an OWI charge to seek legal counsel to navigate the complex legal process and explore possible defenses. Understanding your rights and the potential penalties can help you make informed decisions and mitigate the impact of an OWI conviction on your future.
By taking the right steps, you can reduce the severity of the consequences or, in some cases, avoid conviction altogether.
