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 North Dakota. DWI stands for “driving while intoxicated” and refers to operating a motor vehicle while under the influence of drugs or alcohol. An OUI, on the other hand, is an offense related to operating any kind of motorized vehicle while impaired, regardless of whether it’s on a highway or not. In some states, an OUI and a DWI are used interchangeably, but in North Dakota, an OUI is a separate offense from a DWI. A DWI in North Dakota is charged if a person is operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or more, or if a person is operating a motor vehicle while under the influence of drugs or alcohol. An OUI charge, on the other hand, is charged if a person is operating any kind of motorized vehicle while impaired, whether it is a motor vehicle, boat, truck, or snowmobile. The BAC does not have to be .08 or higher to be charged with an OUI. In North Dakota, both a DWI and an OUI are considered class A misdemeanors punishable with a fine of up to $2,000 and a maximum of one year in jail. The court can also order a person convicted of either crime to have their license revoked and attend alcohol evaluation and treatment programs. If a person has multiple DWI or OUI convictions, the penalties can be even more severe.

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