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What's the difference between DUI and OWUI?
someone I know, a driver, got pulled over for a non working headlight in his personal vehicle and was arrested for OWUI. What's the difference between that and a DUI and what are the chances of beating something like that?
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Looks like it's a Michigan thing............lot of states use a D(driving) while Michigan uses an O(operating.) They are the same thing just a difference in terms being used. As far as beating it, get a lawyer and then hope for the best in court.
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"Operating While Under the Influence",,, Isn't that what they can charge surgeons with if they go to work drunk?
:rofl::rofl::rofl: I crack myself up!!:lol: |
Originally Posted by mike3fan
(Post 447132)
someone I know, a driver, got pulled over for a non working headlight in his personal vehicle and was arrested for OWUI. What's the difference between that and a DUI and what are the chances of beating something like that?
OMVI/DUI/DWI/OWUI/OWI.............. they're all the same. Just different wording from various states/jurisdictions. That's why most trucking company applications will ask if you have ever failed an alcohol test.......instead of asking you if you have ever had am OMVI/DUI/DWI/OWUI/OWI..... That way the ambiguity of these acronyms is not a factor in your honest answer. Ex. "I got a OWUI, not a DUI." Make sense?;) |
Originally Posted by Creek Jackson
(Post 447140)
"Operating While Under the Influence",,, Isn't that what they can charge surgeons with if they go to work drunk?
:rofl::rofl::rofl: I crack myself up!!:lol: Golfhobo is a shining example of a "TUI" (you can figure that one out:thumbsup:) |
totally useless information?
sorry GH j/k I got it anyhow typing und........... |
At one time my home state had DUI and DWI. I don't recall the difference. I read not long ago that they have gotten rid of the DWI designation. I don't see a difference between the two. Driving under the influence seems the same to me as driving while intoxicated.
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Originally Posted by mike3fan
(Post 447166)
totally useless information?
sorry GH j/k I got it anyhow typing und........... Hobo's enemies list: 1) Matcat 2) Mike3fan :lol2::lol2::lol2::lol2: Actually, I think it stands for TEXTING under the influence! Personally, I"ve gone beyond that.... and am now accused of SEXTING under the influence! :lol2::lol2: Who KNEW it was illegal to be NAKED in your sleeper??? :eek1::lol2::thumbsdown: |
Originally Posted by golfhobo
(Post 447172)
Who KNEW it was illegal to be NAKED in your sleeper??? :eek1::lol2::thumbsdown:
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Originally Posted by GMAN
(Post 447171)
At one time my home state had DUI and DWI. I don't recall the difference. I read not long ago that they have gotten rid of the DWI designation. I don't see a difference between the two. Driving under the influence seems the same to me as driving while intoxicated.
The difference between a DUI (Driving will Under the Influence) and DWI (Driving While Intoxicated) is that DUI is a less blood alcohol content than DWI with both being over the tolerable limit. In other words, DWI is a more severe offense. I believe Mike's example DUI and OWUI are indeed the same offense. |
Originally Posted by dobry4u
(Post 447181)
The difference between a DUI (Driving will Under the Influence) and DWI (Driving While Intoxicated) is that DUI is a less blood alcohol content than DWI with both being over the tolerable limit. In other words, DWI is a more severe offense.
Thanks for clarifying that for us, dobry4u. I never thought there was much, if any, difference between the two. |
Originally Posted by dobry4u
(Post 447181)
The difference between a DUI (Driving will Under the Influence) and DWI (Driving While Intoxicated) is that DUI is a less blood alcohol content than DWI with both being over the tolerable limit. In other words, DWI is a more severe offense.
I believe Mike's example DUI and OWUI are indeed the same offense. |
Originally Posted by Windwalker
(Post 447198)
My understanding of it was that DWI simply involved alcohol. While DUI also includes drugs. Influence does not simply say "intoxicated". It could be the influence of any kind, even perscription medication. As far as I knew, it was a much broader term.
Both DUI and DWI refer to operating a motor vehicle while impaired by either illegal drugs or alcohol. The biggest difference between the two terms is what the letters stand for. DWI is an acronym for driving while intoxicated or impaired, while DUI stands for driving under the influence. Throughout the US, the laws vary regarding how a DUI’s and/or DWI’s are dealt with. For some states, like Virginia and New Jersey, there is no difference between a DUI and DWI. In Minnesota, on the other hand, there is technically no such thing as a DUI because they only use the term DWI. The distinction for the federal government is drawn based on severity. A DWI is issued when the blood alcohol content (BAC) is over the 0.08 limit, whereas a DUI is a less severe term, given when a person’s BAC is under 0.08. |
So, dobry4u, you are saying that the states don't necessarily make a distinction but the feds do?
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Originally Posted by GMAN
(Post 447211)
So, dobry4u, you are saying that the states don't necessarily make a distinction but the feds do?
Some states don't separate it by severity, so it seems. So the over the limited in those states is over the limit period. Michigan, for example, does distinguish by "how much" my having different charges. The Feds do as well. |
Something that does make me wonder...
You get to see so many 4-wheelers getting pulled over, and the vehicle being searched (most likely for drugs), but are they given a test to see if they have been operating that vehicle while using illegal drugs??? Seems the cops want to bust them for having drugs, not for using them and driving. I'll bet that down here, more than a quarter of the people, at any given time, are driving and using pot, pills, or worse. But, I never hear of anyone getting busted for it. Alcohol, on the other hand... There is always someone getting busted for that. Wonder why..... Or, WHY NOT.... |
My guess is that it is easier to detect alcohol since you can usually smell it when someone is drinking. I suppose you could smell pot if someone were smoking. Other drugs I have no idea. If they can find drugs in these vehicles then the charges would be much greater than if they were only using drugs.
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I have no basis for this except for thought, perhaps it is harder to test for drug impairment because some drugs stay in the system for a long period of time and the defense for the DUI charge could be that the drug was used several weeks ago and the effects would no longer cause an impairment. I would also think that there would have to be a consensus for each drug as to what level in the blood would constitute impairment in the average person if they can even test drug levels.
Interesting scenario WW. I hope it has further discussion :thumbsup: |
Here, a DWI is driving drunk. DUI has a lot more to do with being involved with drugs.
Texas is so strict on drunk driving, they very seldom use DUI on drunk driving. If you hear anyone getting a DUI, it's probably due to having drugs. |
Originally Posted by Windwalker
(Post 447218)
Something that does make me wonder...
You get to see so many 4-wheelers getting pulled over, and the vehicle being searched (most likely for drugs), but are they given a test to see if they have been operating that vehicle while using illegal drugs??? Seems the cops want to bust them for having drugs, not for using them and driving. I'll bet that down here, more than a quarter of the people, at any given time, are driving and using pot, pills, or worse. But, I never hear of anyone getting busted for it. Alcohol, on the other hand... There is always someone getting busted for that. Wonder why..... Or, WHY NOT.... it is a lot more difficult to prove a driver was DUI while on drugs. A drug test can detect if a person was using drugs but it can't test if they where under the influence of that drug at the time. officers will use HGN (Horizontal gaze nystagmus test) and their observations to try to get a conviction but most times this will get plead down to reckless operation and a possession charge as it is difficult to prove. |
Originally Posted by mike3fan
(Post 447132)
someone I know, a driver, got pulled over for a non working headlight in his personal vehicle and was arrested for OWUI. What's the difference between that and a DUI and what are the chances of beating something like that?
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Originally Posted by mike3fan
(Post 447430)
update: BAC was .11
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. |
Originally Posted by got mud?
(Post 447436)
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.
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. |
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