Many people use the term DUI to describe drunk driving charges as they are more familiar with it. However, Michigan law uses the term Operating While Intoxicated, or OWI. You may also hear the term Operating While Visibly Impaired, or OWVI. These are different charges under Michigan law and can lead to different penalties. Knowing which charge you face can help you better understand what happens next.
How are an OWI and an OWVI different?
An OWI charge generally indicates that prosecutors allege a driver’s ability to operate a vehicle was substantially affected by alcohol or drugs, or that chemical testing revealed a blood alcohol content (BAC) at or above the 0.08% legal threshold.
While an OWVI is often seen as a less serious offense and involves a lesser charge than OWI, it applies when law enforcement officers observe visible signs that a driver’s physical ability was diminished, even if blood or breath alcohol levels remain below standard intoxication limits.
Why does the charge matter?
The type of charge may influence several parts of a criminal case, including:
- Possible fines or jail time
- Driver’s license sanctions
- Whether prior convictions increase future penalties
- The outcome of plea negotiations
- The effect of a conviction on a criminal record
In some cases, an OWI charge may be resolved as an OWVI. That does not happen automatically. The facts of the case, the available evidence and other legal factors all play a role.
What should a driver keep in mind?
Michigan courts use the term OWI instead of DUI. Thus, seeing an OWI in the paperwork does not mean that it is incorrect. Knowing the difference between an OWI and an OWVI can help reduce confusion and provide a clearer picture of the charge. Although both charges involve impaired driving, they have different legal definitions and may carry different penalties depending on the circumstances and a driver’s prior record.
Getting legal advice can help a driver better understand the available options and the next steps in the case.