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 the state of Nebraska. A DWI is primarily based on a person’s blood alcohol concentration (BAC), while an OUI is based on actual impaired driving as evidenced by the driver’s physical and mental abilities. In Nebraska, an OUI charge can result if a driver has a BAC above the legal limit of 0.08. An OUI charge or DUI (Driving Under the Influence) can also be issued if the officer has probable cause to believe that the driver is impaired due to the influence of drugs or alcohol. This can be determined by observing erratic driving and through the results of field sobriety tests. A DWI is a more serious offense, punishable by jail time, fines, and a license suspension. An OUI is punishable by a penalty that is typically less severe, such as fines, community service, and an order to attend an alcohol treatment program. It is important to note that in Nebraska, a DWI charge can be reduced to an OUI if the defendant can successfully prove that his or her BAC was below the legal limit, or that they were not impaired by drugs or alcohol. However, this can be difficult to prove. Therefore, it is best to avoid operating a vehicle while under the influence or after drinking at all, in order to avoid either charge.

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

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