A DWI (or DUI) charge refers to driving a car while impaired, while an OWI charge refers to being in actual physical control of a car, even if parked.

Written by Jason Tushinski

Reviewed by Kathleen Flear

Updated on Jan 31, 2024

Table of Contents

What’s an OWI?
What happens if you’re charged with an OWI, DWI, or DUI?
Recovering your driver’s license after an OWI, DWI, or DUI
The penalties for impaired driving charges by state
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While often used interchangeably, the terms OWI, DWI, and DUI are all slightly different charges related to drunk driving. OWI stands for operating while intoxicated and can include instances where the vehicle isn’t actually moving. Both DWI (driving while intoxicated) and DUI (driving under the influence) specifically refer to a driver being pulled over and cited for impaired driving.

Driving under the influence of alcohol or drugs can impair your judgment, decrease your reaction time, affect your depth perception, and put everyone on the road at risk, including yourself. As a result, it is illegal to drive with a blood alcohol content (BAC) limit of 0.08% or more—in Utah, it’s illegal to drive with a BAC above 0.05%. Still, the exact definitions and penalties for this offense vary from state to state.

To help you understand the difference between these charges, check out this guide from

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What’s an OWI?

OWI stands for operating while intoxicated, and it’s a more inclusive term that refers to instances of drunk driving as well as actions where a driver is in actual control of the vehicle, meaning that the driver has the ability to operate the vehicle, even if it is not in motion.

In addition to driving while intoxicated, this charge can include:

Sitting in the driver’s seat while the car is parked while intoxicated

Sitting in the driver’s seat with the ignition off while intoxicated

Being asleep at the wheel after consuming alcohol

The OWI charge was designed to encompass situations where an intoxicated driver is impaired and in actual physical control of a vehicle (by virtue of sitting in it). If the driver isn’t technically driving the vehicle, a DUI or DWI charge may not apply—the OWI charge is a counter to this argument.

Key Takeaway An OWI is a broader impaired driving charge applicable to instances where an intoxicated person is in actual physical control of a vehicle, even if stopped, parked, or otherwise not in motion.

OWI vs DWI/DUI

DWI stands for driving while intoxicated and DUI stands for driving under the influence. Both terms refer to instances where an impaired individual is actually driving a vehicle, but OWI also refers to being in actual physical control of a vehicle that is stopped or parked.

DWI/DUI laws forbid driving under the influence of alcohol or drugs, including both illegal and legal substances. The exact legal definition varies from state to state.

Most states pick OWI, DWI, or DUI to use as the terminology in their drunk driving laws; they rarely include more than one of those terms.

MORE:

DWI vs DUI

What happens if you’re charged with an OWI, DWI, or DUI?

If you are suspected of driving or operating a vehicle while intoxicated, you will be pulled over by the police. The procedure may be different depending on your state, but the law enforcement officer will likely make you take a field sobriety test and/or a breathalyzer test. If you refuse the test, you may be arrested and your license could be suspended.

If you are convicted of an OWI, DWI, or DUI charge, you may face the following consequences:

Fines

Imprisonment

License suspension or revocation

Penalty points added to your driving record

Also, your car insurance premium will likely go up if you’re charged with impaired driving.

Eventually, you may have to apply for a hardship license in order to drive again. A hardship license is a restricted license usually granted on a case-by-case basis for people who can prove that they need to use a car in order to get to and from work, school, or medical appointments.

Additionally, you may be required to install an ignition interlock device (IID) in your car in order to get your license back. With an IID, you can only start your car after you’ve breathed into a small breathalyzer device and the IID has determined that your blood alcohol level is below the legal limit.

After a first impaired driving charge, the penalties for a second or subsequent impaired driving charges get progressively more severe.

MORE:

How to get a suspended license reinstated

Recovering your driver’s license after an OWI, DWI, or DUI

Once you have fulfilled any obligations stemming from an impaired driving conviction, you can begin the process of recovering your suspended or revoked driver’s license.

Here’s how the process goes, from being charged to eventually getting your license back:

Attend OWI/DWI/DUI hearing and present case

Pay any fees (court, reinstatement, or bail)

Finish your driver’s license suspension/revocation period

Complete all court-ordered obligations, such as DUI traffic school or a treatment program

Contact your insurance company and find out if you need SR-22 coverage

Go to your local DMV (or equivalent agency) and apply for driver’s license reinstatement

MORE:

How to fill out and file an SR-22

The penalties for impaired driving charges by state

For the most part, leniency for drivers charged with impaired driving is exceedingly rare. If you are pulled over and cited for impaired driving, expect to be charged.

Here’s a table illustrating potential penalties for a first-time impaired driving offense, whether it’s an OWI, DWI, or DUI:

State	Charge	Fines	Jail time	Other penalties
Alabama	DUI	$600 to $1,200	Up to 1 year	90-day license suspension
Alaska	DUI	At least $1,500	At least 72 hours	90-day license revocation
Arizona	DUI	At least $1,250	At least 10 days	At least a 90-day license suspension; alcohol education and treatment program; community service
Arkansas	DWI	$150 to $1,000	1 day to 1 year	6-month license suspension; alcohol education and treatment program
California	DUI	$390 to $1,000	Up to 6 months	6-month license suspension; DUI program
Colorado	DUI	$600 to $1,000	5 days to 1 year	9-month license revocation; 48-96 hours of community service
Connecticut	DUI	$500 to $1,000	Up to 6 months	45-day license suspension
Delaware	DUI	$500 to $1,500	Up to 1 year	3-month license revocation
Florida	DUI	$500 to $1,000	Up to 6 months	Minimum 180-day license revocation; 50 hours of community service; DUI school
Georgia	DUI	$300 to $1,000	10 days to 1 year	40 hours of community service
Hawaii	Operating a vehicle under the influence of an intoxicant (OVUII)	$250 to $1,000	2 to 5 days	1-year license revocation; 14-hour rehab program; 72 hours of community service
Idaho	DUI	Up to $1,000	Up to 6 months	90- to 180-day license suspension
Illinois	DUI	$75 to $2,500	Up to 1 year	1-year license suspension
Indiana	OWI	Up to $500	Up to 60 days	Up to a 180-day license suspension; community service
Iowa	OWI	$625 to $1,250	2 days to 1 year	180-day license suspension
Kansas	DUI	$750 to $1,000	At least 2 days	30-day license suspension; alcohol safety and substance abuse treatment program; 100 hours of community service
Kentucky	DUI	$200 to $500	2 to 30 days	6-month license suspension; 90 days of alcohol or substance abuse program
Louisiana	DWI	$300 to $1,000	10 days to 6 months	Up to 2-year probation; 48 hours of community service; substance abuse program; driver improvement program
Maine	OUI	At least $500	Minimum 2 days (if BAC over 0.15%)	150-day license suspension
Maryland	DUI	Up to $1,000	Up to 1 year	Up to 6-month license suspension
Massachusetts	OUI	$500 to $5,000	Up to 2.5 years	1-year license suspension
Michigan	OWI	$100 to $500	Up to 93 days	6-month license suspension; up to 360 hours of community service; 150 days of license restrictions
Minnesota	DWI	Up to $1,000	Up to 90 days	90-day license revocation
Mississippi	DUI	$250 to $1,000	Up to 48 hours	30- to 90-day license suspension; alcohol safety education program
Missouri	DWI	Up to $500	Up to 6 months	90-day license suspension; 60 days restricted license
Montana	DUI	$300 to $1,000	Up to 60 days	6-month license suspension
Nebraska	DUI	$500	7 to 60 days	6-month license suspension
Nevada	DUI	$400 to $1,000	2 days to 6 months	185-day license suspension
New Hampshire	DUI/OUI	$500 to $1,200	N/A	9- to 24-month license revocation
New Jersey	DUI	$250 to $400	Up to 30 days	12 to 48 hours at Intoxicated Driver Resource Center program; 3- to 12-month license revocation
New Mexico	DWI	Up to $500	Up to 90 days	1-year license suspension
New York	DWI	$500 to $1,000	Up to 1 year	At least 6-month license revocation
North Carolina	DWI	Up to $1000	72 hours to 6 months	1-year license revocation
North Dakota	DUI	$500 to $750	2 days	91-day license suspension; addiction evaluation
Ohio	Operating a vehicle under the influence (OVI)	$375 to $1,075	3 days to 6 months	1- to 7-year license suspension
Oklahoma	DUI	Up to $1,000	10 days to 1 year	180-day license revocation
Oregon	DUI	At least $1,000	Up to 1 year	License suspension
Pennsylvania	DUI	$300	6 months probation	Alcohol highway safety school
Rhode Island	DUI	$100 to $300	Up to 1 year	10 to 60 hours of community restitution
South Carolina	DUI	$400	48 hours to 30 days	License suspension
South Dakota	DWI	$300 to $1,000	Up to 1 year	Minimum 30-day license revocation
Tennessee	DUI	$350 to $1,500	48 hours to 1 year	1-year license revocation
Texas	DWI	Up to $2,000	Up to 180 days	90- to 365-day license suspension
Utah	DUI	At least $700	2 days to 180 days	120-day license suspension; 48 hours community service
Vermont	DUI	Up to $750	Up to 2 years	90-day license suspension
Virginia	DUI	At least $250		1-year license suspension
Washington	DUI	Up to $5,000	Up to 364 days	90-day license suspension
West Virginia	DUI	$100 to $500	Up to 6 months	6-month license revocation
Wisconsin	OWI	$150 to $300		6-month license revocation
Wyoming	DUI	Up to $750	Up to 6 months	90-day license suspension; substance abuse treatment

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