Difference Between an OMVI & a DUI

Drinking leads to impairment while driving.

Operating a vehicle while under the influence of alcohol or other drugs is considered a major crime punishable by fines and jail time, among other measures. Exact impaired driving laws vary across states and are sometimes given different terms, but the punishments for driving while intoxicated are determined by the severity of the offense, rather than the legal name of the offense.

Legal Terms

The standard legal term for drunken driving or driving while impaired by other intoxicating substances is DUI, which stands for "Driving Under the Influence." Some states use other or multiple terms that mean the same thing. These terms include DWI, "Driving While Intoxicated;" OUI, "Operating Under Influence;" and OMVI, "Operating a Motor Vehicle Intoxicated." The name of the charge does not change the legal repercussions of impaired driving.

Blood Alcohol Content

Every state has a DUI law. These laws vary slightly from state-to-state, but in most states driving with a blood alcohol content of over 0.080 percent constitutes a DUI. Blood-alcohol levels are determined by the amount of alcohol you drink, your metabolism, and the amount of time since your last alcoholic beverage. Blood-alcohol content can be precisely measured with a Breathalyzer, a device used by police officers in the field. An officer may also conduct field sobriety exercises to test your motor skills and control over mental faculties, both indicators of your level of impairment.

Other Intoxicating Substances

Alcohol is not the only substance that is considered intoxicating and dangerous behind the wheel. Illegal drugs, prescription drugs and over-the-counter medication are also substances that, if you are caught driving while impaired by them, will result in a DUI. Although non-alcohol products cannot be measured by a Breathalyzer, other field sobriety tests can determine your level of impairment. Chemical tests in a hospital or police facility use blood or urine samples to survey and measure the intoxicants within your body.

Legal Action

If you are charged with a DUI or an equivalent impaired motor vehicle operation offense, you will be subjected to legal action. This actions varies by state and the seriousness of your offense, but usually entails a suspension of your license. Other repercussions may include fines, jail time, confiscation of your vehicle, revocation of your license, and the installation of an ignition interlock device on your vehicle. Further charges can be applied if your impaired driving was caused by illegal drugs.

References

• LegalMatch; DUI Basics