Operating Under the Influence vs DUI: What’s the Difference?

Driving under the influence is a serious offense, and both “Operating Under the Influence” (OUI) and “Driving Under the Influence” (DUI) are legal terms tied to the impaired operation of vehicles. If you’re in Arizona, you might be wondering about the differences between operating under the influence vs DUI. While they may sound like interchangeable terms, they have distinct differences, and knowing them could make all the difference, especially in legal situations.

This blog will explain what OUI means, how it differs from DUI and DWI, potential penalties, and what steps you can take if charged. Finally, we’ll examine how the right Arizona DUI Lawyer can help protect your rights.

What Does Operating Under the Influence (OUI) Mean?

Operating Under the Influence, or OUI, simply means being in physical control of a vehicle while impaired either by alcohol or drugs. Unlike DUI, OUI doesn’t require that the driver be driving. Being in control of a vehicle while impaired-sitting in a running car, for instance, gets one charged with OUI. It is broader in scope, possibly even applying to other forms of “vehicles,” such as boats or motorized watercraft.

The key component of an OUI charge? Impairment. This means a blood alcohol concentration (BAC) of 0.08% or higher typically applies, or any drug-related impairment that affects your ability to operate a vehicle safely.

Operating Under The Influence vs DUI vs. DWI: What’s the Difference?

Comparing operating under the influence vs DUI requires an understanding of the greater picture and how both terms compare or contrast with charges like driving while intoxicated, more commonly known as DWI.

DUI (Driving Under the Influence): 

Refers explicitly to being impaired while driving a motor vehicle.

OUI (Operating Under the Influence): 

Broadens the definition of impairment while having control of a vehicle, even if it isn’t moving.

DWI (Driving While Intoxicated): 

Some states use this term interchangeably with DUI, but it can also specifically refer to intoxication by alcohol.

How the Terms Differ Across States

Much of the difference between these terms amounts to regional laws. Example:

Arizona primarily uses “DUI” for impaired driving offenses.

Some states, like Maine, use “OUI” to cover moving and stationary vehicle operations.

For drugs or alcohol, states such as Texas occasionally make a difference between DUI versus alcohol-specific DWI.

Understanding these distinctions is crucial if you frequently travel or have moved to a new state.

OUI, DWI, and DUI Terminology Explained Further

Legal definitions matter greatly when comparing operating under the influence (OUI) vs DUI. Generally, OUI focuses on “being in control” of the vehicle while impaired, even if parked. DUI emphasizes impaired driving and often includes stringent BAC thresholds. DWI tends to highlight intoxication by alcohol, though definitions may include drug impairment.

Situations Where the Terms Differ

Parked but Impaired 

You’re sitting in a running car while intoxicated. This might not lead to a DUI charge but could qualify as an OUI.

BAC Variations 

A BAC level under 0.08% doesn’t always guarantee innocence—it may depend on the specific state’s use of DUI, DWI, or OUI terminology.

Non-Motorized Vehicle 

You’re using a motorized scooter while intoxicated. Some states would call this OUI, not DUI.

Knowing the differences of each term spares you from confusion and may help build a possible defense.

What Are the Consequences of Operating Under the Influence vs DUI or DWI Charges?

Penalties for DUI vary by state, offense circumstances, and prior convictions. In Arizona, DUI is treated as a serious offense with stricter penalties for repeat violations. Arizona law upgrades charges for repeat offenses within 84 months.

Additionally:

• BAC of 0.08% or Less: It may be presumed you’re not impaired (though additional evidence could refute this).
• BAC Between 0.05% and 0.08%: No presumption is made, but such levels can be considered alongside other evidence.
• BAC of 0.08% or Above: It is presumed you were under the influence of alcohol.

Potential Consequences for DUI/OUI in Arizona:

First offense

Minimum: over $1,500 in fines and fees, alcohol education classes, at least 10 days in jail, but 9 days may be suspended upon completion of alcohol and substance abuse classes. If your alcohol level is above a .150%, these consequences rise dramatically to include a minimum of 30 days in jail, much higher fines and additional periods of time with a breath test machine on your car. If you are over a .200%, the minimum jail time rises to 45 days in jail and, again, the breath test machine requirement is extended even further.

The court can drop the amount of jail time actually served all the way down to two days if you’re over a .150% and three days if you’re over a .200%.  It’s critical to have a skilled attorney to make sure you receive the minimum punishment possible.

Second offense

Heavy fines, increased jail time, license suspension or revocation.

Aggravated DUI

If an individual drives under the influence with a child in the car, he or she may face serious legal and financial consequences, including felony charges.  Likewise if you receive a third or subsequent DUI within a seven year period it can be prosecuted as a felony. If you are driving the wrong way on the street that can be prosecuted as a felony DUI and if you are driving with a suspended license or without an interlock in your car when you are required to have one you can also be prosecuted for aggravated DUI. Aggravated DUI is a life altering offense that generally carries a minimum of four months in the Arizona department of corrections, state prison not just the county jail. You must have an excellent attorney from day one to maximize your chances of a good outcome.

Each case is different, and fines can increase with circumstances or added infractions.

Can OUI, DUI, or DWI Charges Be Dropped?

Charges can be dropped but under certain conditions. But it all depends on various factors, such as the evidence against you.

Evidence That Can Impact an OUI Case:

Blood alcohol concentration (BAC) tests are critical, but the evidence may be invalidated if improperly performed or recorded. Field sobriety tests also play a role; improper procedures can render them inadmissible in court if administered incorrectly. Additionally, the presence (or lack) of probable cause is crucial. The case might be dismissed if law enforcement had no legitimate reason to stop you.

How Can a DUI Be Dismissed Before Trial?

A DUI case could be dismissed before reaching trial under certain circumstances:

A charge may be thrown out for a lack of probable cause, like not having a good reason for pulling the person over in the first place. Tampered evidence, including BAC tests and documentation discrepancies, may lead to dismissal. Additionally, errors in law enforcement’s case, like gaps in the officer’s report, can be identified by a skilled attorney. If you asked to speak to an attorney and the officer did not allow you to do so, that can result in evidence being suppressed and the case being dismissed.

How to Find the Right OUI or DUI Attorney in Arizona?

Navigating operating under the influence vs DUI cases requires a seasoned attorney. From here, seek experience related to Arizona DUI and OUI laws; read reviews and success stories of clients before deciding on a lawyer who has the ability to offer personalized legal strategies for your case.

Skilled Arizona DWI Attorneys Defending Your DUI Case

Operating under the influence vs DUI cases in Arizona can be quite complicated and involve serious sanctions. It is very important to have an experienced Arizona DWI Attorney who can protect your rights, challenge the evidence presented, and work toward reduced penalties or a possible case dismissal. The Law Offices of John Phebus in Glendale offer skilled legal representation for your needs in this area. Contact us at 623-847-7117 or visit us at 17505 N. 79th Ave #314, Glendale, AZ 85308, to discuss your case.

Check Out More Helpful Articles

• How do I know if I was charged with a DUI?
• Is a DUI a Misdemeanor?
• What is an aggravated DUI (Felony) – ARS 28-1383