Driving under the influence of drugs or alcohol is dangerous and puts everyone on the road at risk. You might hear the terms DUI and DWI thrown around, but another acronym you might come across is OUI. So, what is an OUI?
DUI, DWI, and OUI are all different ways of saying the same thing: operating a vehicle while impaired. But the specific laws and penalties can vary from state to state.
This article will define OUI, explain its legal consequences, and offer guidance if you’re facing OUI charges, particularly in Indianapolis, Indiana, and other states where OUI is the operative term.
What’s the difference between OUI, DUI, and DWI?
These acronyms all refer to the crime of driving while impaired, but the specific term used depends on the state or jurisdiction.
- DUI (Driving Under the Influence) is a general term for operating a vehicle while impaired by alcohol or drugs.
- DWI (Driving While Intoxicated or Driving While Impaired) usually refers to impairment caused by alcohol, but can also include drugs.
- OUI (Operating Under the Influence) is the term used in states like Maine, Massachusetts, and Wisconsin to describe drunk driving.
Although the basic idea is the same, the exact definitions and legal limits can vary by state. For example, in Indianapolis, Indiana, OUI is the all-encompassing term for drunk driving charges.
Some states also use the term DWAI (Driving While Ability Impaired) for lower levels of impairment.
OUI Laws in Indianapolis, Indiana: Specifics and Regulations
Laws regarding operating a vehicle while under the influence vary from state to state. Here’s what you need to know if you’re driving in Indianapolis or elsewhere in Indiana:
Blood Alcohol Concentration (BAC) Limits
- In Indiana, it’s illegal to drive with a BAC of 0.08% or higher.
- If you’re driving a commercial vehicle, the BAC limit is lower: 0.04%.
- Indiana has a zero-tolerance policy for drivers under the age of 21. If you’re under 21, you can be charged with OUI with a BAC of just 0.02%.
Implied Consent
Like most states, Indiana has “implied consent” laws. By driving on public roads, you’re agreeing to take a breath, blood, or urine test if a law enforcement officer suspects you of OUI.
If you refuse to take the test, your license can be suspended, even if you’re not ultimately convicted of OUI.
Factors Influencing Charges
A number of factors can affect the severity of OUI penalties, including your age, the type of vehicle you were driving, your BAC level, whether you had passengers in the car, and whether you have prior convictions for OUI.
Penalties for OUI offenses in Indianapolis
Indiana takes drunk driving seriously, and the penalties reflect that. Here’s a breakdown of what you might face if you’re convicted of OUI in Indianapolis:
Misdemeanor charges
- Class C Misdemeanor: This is what you’re looking at if it’s your first offense and your blood alcohol content (BAC) was between 0.08% and 0.15%. The penalties can include up to 60 days in jail and a fine of up to $500.
- Class A Misdemeanor: If your BAC was higher than 0.15% on your first offense, you could be charged with a Class A misdemeanor. This carries stiffer penalties, including up to a year in jail and a fine of up to $5,000.
Felony charges
OUI charges can quickly escalate to felonies depending on the circumstances.
- Level 6 Felony: A prior OUI conviction or certain factors, like having a minor in the car, can lead to a Level 6 felony charge. This can mean a prison sentence of between 2.5 and 6 months, as well as fines of up to $10,000.
- Level 5 Felony: If your OUI offense causes injury to someone else, you could be charged with a Level 5 felony. The penalties here are even more severe, with a potential prison sentence of 1 to 6 years and a $10,000 fine.
- Level 4 Felony: The most serious charge, a Level 4 felony, applies when an OUI offense results in someone’s death. This carries the harshest penalties, including 2 to 12 years in prison and a $10,000 fine.
Commercial vehicle penalties
If you’re a commercial driver, an OUI conviction can mean losing your commercial driver’s license for one to three years. That can put a serious dent in your livelihood.
Defenses and dismissal of OUI charges
An OUI charge is a serious matter, but it’s not insurmountable. There are several ways a skilled attorney may be able to help you fight the charges.
Challenging the stop
If law enforcement stopped your vehicle without probable cause, that could be grounds for getting the OUI charges dismissed. Officers must have a valid reason to pull you over.
Questioning evidence
Evidence that’s been mishandled is questionable, as are breathalyzer tests that are inaccurate. Field sobriety tests are notoriously subjective and can be disputed.
Legal representation
A qualified DUI attorney knows how to find weaknesses in the prosecution’s case. An attorney may be able to negotiate reduced charges or alternative sentencing, depending on the circumstances.
What to do if you’re facing an OUI charge in Indianapolis
If you’re arrested for OUI in Indianapolis, here’s what you should do:
- Cooperate with the police, but don’t answer any questions without your lawyer present.
- Contact an Indianapolis DUI defense attorney as soon as possible.
- Collect any information about the incident, like witness statements or dashcam video, if you have access to it.
Frequently Asked Questions
Is an OUI a felony charge?
Generally, an OUI is not a felony for a first or even second offense. However, in many states, a third or subsequent OUI offense can be charged as a felony, depending on the specific circumstances and prior record of the individual. There may be additional circumstances that could result in a felony charge, such as causing serious bodily injury or death while driving under the influence.
Is OWI worse than DUI?
The severity of an OWI compared to a DUI depends on the specific state’s laws and the circumstances of the offense. While the terms are often used interchangeably, penalties for OWI and DUI can vary. Generally, they carry similar consequences, including fines, license suspension, jail time, and mandatory alcohol education programs.
What does “OUI” mean?
“OUI” stands for “Operating Under the Influence.” It’s a legal term used in some states, like Maine and Massachusetts, to describe the offense of operating a vehicle while impaired by alcohol or drugs. It’s essentially the same thing as a DUI or DWI in other states.
What is the difference between an OUI and a DUI?
The difference between an OUI and a DUI is primarily semantic. “OUI” (Operating Under the Influence) and “DUI” (Driving Under the Influence) essentially refer to the same offense: operating a vehicle while impaired by alcohol or drugs. The specific term used depends on the state’s legal terminology. The consequences for both are generally similar within their respective jurisdictions.
Conclusion
It’s important to understand OUI laws and the serious consequences that can result from a conviction. If you’re charged with OUI, you need to seek legal counsel as soon as possible.
The best way to avoid an OUI charge is to plan in advance. If you’re going to be drinking, arrange for a designated driver, use a rideshare service, or take public transportation. Getting behind the wheel after drinking alcohol puts you, and everyone else on the road, at risk.