If you have your driver’s license, you’ve likely heard of the term driving under the influence (DUI). There is also driving while intoxicated or impaired (DWI) and operating while intoxicated/impaired (OWI).
It’s common for people to have questions about the differences between these three violations. In the state of Illinois, there is no difference between OWI, DWI, or DUI. Illinois law recognizes only the DUI charge when a driver is caught operating a vehicle while under the influence of alcohol or drugs.
Laws regarding drunk driving differ from one state to another. This can complicate the understanding of a situation if you are confronted with a charge. Unlike Illinois, some states exclusively use DWI while others utilize both DUI and DWI. Some states use only OWI, like Indiana, to encompass both drunk and drugged driving.
There are other acronyms, as well, such as OUI (operating under the influence) and even DWAI (driving while ability impaired). In Connecticut, DUI carries the same charge and meaning as OUI or DWI.
In this blog, we’ll discuss the main differences between DUI vs. DWI vs. OWI. While this information may not apply to you, if you ever drive outside the state of Illinois, it could become relevant.
DWI vs. DUI in Illinois
As explained above, Illinois doesn’t use the term “DWI.” DUI is used exclusively to describe driving under the influence of any intoxicating substance.
In other states, a DWI charge is often seen as a lesser offense relative to a DUI. As an Illinois resident, if you are convicted of a DUI or a “similar offense” in another state, your license will be revoked. Regardless if the other state considers DWI to be a lesser crime, you will be charged with a DUI because of your Illinois driver’s license.
The revocation will last for a minimum of one year, and longer if this isn’t your first DUI offense.
OWI vs. DUI in Illinois
Some states use OWI charges for situations where you would ordinarily get a DUI in Illinois. OWI can have a broader definition than both DUI and DWI. “Operating while impaired” includes the act of operating any type of vehicle while under the influence of alcohol and/or drugs. DUI and DWI cover driving a motor vehicle, but OWI also includes other modes of transportation, such as riding a bicycle.
Because the state of Illinois doesn’t make a distinction between OWI and DUI charges, a conviction of an OWI in another state will be treated as a DUI in Illinois. The minimum penalty is a one-year revocation of your license, just as it is for an out-of-state DWI conviction.
What Is an Aggravated DWI?
If a driver has a blood alcohol concentration (BAC) of 0.08% or more, or drives while under the influence of intoxicating substances, they could face a DWI charge. However, if that individual violated other laws or caused injury while driving, they may face an aggravated DWI charge.
An aggravated DWI typically results in more severe penalties compared to a standard DWI. Consequences are typically based on the seriousness of the aggravating factors. These may include:
- Driving on a suspended or revoked license
- Driving with a BAC level well above the legal limit (0.08% in all states except Utah which is 0.05%)
- Driving with a minor in the vehicle
- Causing an accident that results in major injury or death
In Illinois, some of these same factors (as well as others) can raise a DUI charge to aggravated DUI. An aggravated DUI is a felony in Illinois.
Legal Penalties
Drunk driving laws may vary from state to state, but they’re in place to protect all drivers on the road. Whether charged with a DUI, OWI, or DWI, you can expect to face serious consequences:
- All three impaired driving offenses generally result in fines and driver’s license suspension. You may also be obligated to participate in alcohol/drug education or rehabilitation programs.
- All drivers found guilty of a drunk driving charge/impaired driving charge could face jail time.
- A conviction of DUI, DWI, or OWI will likely result in higher car insurance rates.
Illinois has especially strict laws regarding drunk driving offenses. If you find yourself in need of a driver’s license lawyer who is skilled in license reinstatement, contact us today.
Contact Our Law Firm
Whether you’re facing a first-time DUI charge in Illinois or need to understand what the difference is between a DUI and an OWI offense, we’ve got your back. Contact our law firm today to schedule a free consultation. We focus exclusively on Illinois driver’s license reinstatement and we’re ready to fight for you.