Is there a difference between a DWI and an operating under the influence (OUI) charge?

Yes, there is a difference between a DWI (Driving While Intoxicated) and an OUI (Operating Under the Influence) charge. In California, if you are arrested for allegedly driving under the influence of alcohol, the officer may charge you with either a DWI or an OUI. Generally, DWI is used when the person’s blood alcohol content (BAC) is above .08%. OUI may be used when a person’s BAC is unknown or lower than .08%. Although the two charges can sometimes be used interchangeably, a DWI is usually punished more severely than an OUI. For instance, a first-time DWI offender may face up to six months in jail, whereas a first-time OUI offender may face only three days in jail. Additionally, a DWI conviction may cause a driver to lose his or her license for up to six months, while an OUI conviction may only result in a license suspension of up to three months. It is important to note that the laws regarding DWI and OUI may vary by state. A person facing either of these charges should consult a criminal defense lawyer in their area to understand the specific laws regarding DWI and OUI in their state.

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