OWI Offenses and Penalties

OWI is the common nomenclature for operating while impaired or more specifically operating a motor vehicle while impaired. It is sometimes referred to as driving while impaired (DWI) or driving under the influence (DUI). All three terms mean generally the same - operating a motor vehicle after consuming so much alcohol to register a specific blood-alcohol level above the state’s acceptable limit. If a person is stopped by an enforcement agency and found to have been OWI, he will be charged with the applicable offense and if convicted, have certain penalties imposed against him. 

The Offenses

There is no one charge or offense that is consistent among all states, jurisdictions or municipalities. They can be termed something different but insofar as the offense itself, they remain fairly consistent.  The offenses are as follows: 

a)    OWI - first through tenth (or more)
b)    Causing injury while OWI
c)    Causing great bodily harm while OWI
d)    Homicide while OWI
e)    Chemical test refusal - first
f)    Chemical test refusal - second
g)    Chemical test refusal - third or greater
h)    Operating motor vehicle while on administrative suspension for prohibited alcohol;
i)    Open Container(Driver or passenger)

For second offenses, it is generally counted within a 10-year period and for third and subsequent offenses, it is within a person’s lifetime. The date of determination is from the period of refusal (for chemical test refusals) or the moving violation resulting in the conviction.

Penalties

The penalties are varied ranging from minor to severe in nature. These penalties include fine, forfeiture, a period of incarceration, suspension or revocation of license, requirement for occupational license, alcohol assessment and points. 

Fines can be assessed from $100 (open container) up to $100,000 (results in bodily injury). 

Forfeitures, vehicle immobilizations or vehicles equipped with an ignition interlock device (IIDs) can be imposed for persons convicted of OWI - second through tenth. The court has the authority to impose that a vehicle be equipped with an IID for repeat offenders regardless of the level of offense.

Jail time ranges from no jail time (OWI - first offense) to 40 years or more (homicide while OWI if committed one or more prior OWI offenses). 

Suspension or revocation of license ranges from three to six month revocation (OWI - first offense) suspension up to five year revocation (Homicide while OWI).

Requirement for occupational license can be imposed for up to two years, which means that a person’s driving privileges will be suspended and after the suspension period has been lifted, they can obtain an occupational license. One requirement is that absolute sobriety is mandatory for an occupational license for persons with two or more suspensions, revocations or convictions.

Alcohol assessment is required for persons with two or more suspensions, revocations or convictions and they must be in compliance with a driver safety plan to be eligible for an occupational license.

Fines, forfeitures, jail and revocation/suspension penalties are doubled for a person convicted of OWI if a person under 16 years of age was in the vehicle at the time of the offense. They are also doubled if a pregnant woman is in the vehicle at the time the driver committed the offense.

Points may be assessed dependent upon the severity of the conviction by the state’s department of motor vehicles. That department also makes the determination as to whether the driver can retain his driving privileges and under what circumstances.

The laws for operating a vehicle while impaired are in place; however, it is up to legislators and the judicial system to make sure that the punishment is consistent given for the protection of everyone on our state highways.

State-Specific OWI Information:

Indiana OWI

Iowa OWI

Michigan OWI