Is there a difference between a DWI and an operating under the influence (OUI) charge?
Yes, there is a difference between a DWI and an operating under the influence (OUI) charge in Arkansas. A DWI or driving while intoxicated is a charge that is given to a person who is driving a vehicle under the influence of drugs or alcohol. It can be given if the driver has a blood alcohol content (BAC) of 0.08 percent or higher. An OUI, or operating under the influence, means that a person was operating a vehicle while impaired by drugs or alcohol. This charge does not depend on the BAC, but rather on the impression of the officer about how the driver is operating the vehicle. For first time offenses, DWIs in Arkansas typically result in a fine of up to $1,000, an alcohol education program, six months probation, and a driver’s license suspension of up to one year. An OUI typically results in a fine of up to $1,000, alcohol education, six months probation, and a driver’s license suspension of up to one year as well. However, with OUI charges, if the officer believes the driver was impaired, they can pursue a tougher penalty. In summary, DWI and OUI charges are both serious offenses that can result in jail time, fines, and driver’s license suspension. The main difference is that in Arkansas, the DWI charge depends on the driver’s BAC while the OUI charge is an officer’s opinion of the driver’s impairment.
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