update: BAC was .11

 

there really is no difference between OWUI or DUI some states and cities have changed it to encompass the difference between sitting in a parked car running while intoxicated (operating) and actually driving. also they have done it to include drugs and the fact that some vehicles are not driven (bikes, horse and buggy etc.) often times a city will enact a code that is basically the same as the state law but worded differently so that they can charge you with the city code so the fines go to the city and not the state.

it is usually difficult to beat a DUI charge. sounds as though they had probable cause for the stop. (head light) and unless the officer messed up it will stick. couple things a lawyer will check is to make sure proper protocol was followed. whether the breathalyzer was calibrated and if the person that administered the test was certified to do so. or if it was a blood test. chain of custody was maintained etc. (most dept do not have a problem with this as they make sure that all t's are crossed and i's dotted)

your best bet is to not drink and drive. its really not worth it. god forbid you kill yourself or someone else but also the fines and legal hassles are not worth it.

 

Under current laws you can be charged for DUI or DWI, etc., if the keys are in the ignition whether the car is running or not. In fact, you can be charged even if the car is immobile as long as the keys are in the ignition. If you refuse to take the test you can be convicted. I have heard stories from people who have experienced this first hand. States have really abused these types of laws. If the keys are in the ignition you are considered in physical control of the car.