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Wednesday, August 06, 2003
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Some acronyms to call "Driving while Drunk"
DUI / DWI / OUI / OWI Words
DEFINITIONS OF LEGAL TERMS ASSOCIATED WITH �DRUNK DRIVING�
Drunk driving is the most common crime in America. Like all �legal� matters, certain terminology and legal definitions can be confusing to non-lawyers. This segment of the web site attempts to �de-mystify� these terms and phrases. While not comprehensive, this list covers most of the more commonly used words, terms or phrases of this area of law.;
This generally is interpreted as an abbreviation for �driving under the influence�. By far, the most common impairing substance is ALCOHOL. However, many states also prohibit DUI-DRUGS and DUI-TOXIC VAPORS (sniffing or huffing paint fumes, butane, paint thinner and similar chemicals).
The next most common acronym is �DWI�. Depending on the state practice, this can be interpreted as an abbreviation for �driving while intoxicated� or �driving while impaired�. Like DUI, many states proscribe impaired (or �intoxicated�) driving as caused by other impairing substances, drugs, plants or chemical compounds.
The next most common acronym for drunk driving is �OUI�. This stands for �operating under the influence�. The word �operating� is actually more encompassing (and more accurate) than �driving� because almost all states make it illegal to �operate or be in actual physical control� of a motor vehicle. This means that you can be sitting in your car, off the side of the road, with the engine running and the car in park, and asleep, yet still be charged with OUI (or DUI or DWI, for that matter, in most states). The states that have OUI as their acronym are Maine, Massachusetts, and Rhode Island.
Another acronym for drunk driving is OWI, or �operating while intoxicated�. Similar to OUI, the operative word is �operating�. Wisconsin is the largest state using this acronym.
OMVI (operating a motor vehicle while intoxicated) is an acronym used in Ohio from time to time, but they also use DUI.
DUIL (driving under the influence of liquor) is used in a few states in case law.
Another state, Oregon, uses �DUII� (driving under the influence of an intoxicant).
In two states, Colorado and New York, the acronym �DWAI� (driving while ability impaired) is a LESSER INCLUDED OFFENSE to DWI (or DUI). These �lesser offenses� offer the person less damage to their driver�s license, and have certain benefits over pleading to the standard DUI/DWI offense.
One state, Wyoming, uses DWUI (driving while under the influence).
Finally, two other acronyms crop up in cases occasionally. �DUBAL� or �UBAL� is a type of DUI/DWI that signifies �driving with an unlawful blood alcohol level�. This applies only to cases in which the person arrested has given a blood, breath or urine sample. Officers or court cases (or your attorney) may call this �per se� DUI or �per se� DWI. In short, this means, it is an offense to merely have driven while having the prohibited amount of alcohol in your system regardless of whether the police officer gathers any traditional evidence of �impairment�.
Same as DUBAL.
The offense of having an "open container" inside your passenger compartment.
Monday, August 04, 2003