You have probably heard the terms DUI, DWI, and OWI used to describe impaired driving. While these terms may sound similar, they do not always mean the same thing under state law. In Indiana, the law generally uses the term operating a vehicle while intoxicated (OWI).
Regardless of what an impaired driving offense is called, the consequences can be devastating. Impaired drivers can cause collisions that leave innocent people with serious injuries and expensive medical bills.
If an impaired motorist caused your accident in Indiana, you may have grounds to pursue compensation through a personal injury claim, even if the driver is not criminally convicted.
What Is the Difference Between DUI, DWI, and OWI?
DUI, DWI, and OWI are terms used in different states to describe offenses involving impaired driving. Their precise meanings depend on the jurisdiction.
What Does DUI Mean?
DUI stands for driving under the influence. It commonly refers to operating a motor vehicle while impaired by alcohol, drugs, or another intoxicating substance. In states that use the term DUI, a driver may face criminal penalties when alcohol or drug use affects their ability to drive safely or when their blood alcohol concentration (BAC) exceeds the statutory limit.
The specific elements of the offense vary by state.
What Does DWI Mean?
DWI generally stands for driving while intoxicated or driving while impaired. Some states use DWI as their primary impaired driving offense. Others distinguish DWI from DUI based on the degree of impairment or the type of substance involved.
However, there is no nationwide rule that makes DWI automatically more serious than DUI. The legal meaning depends on the state where the offense occurred.
What Does OWI Mean?
OWI stands for operating a vehicle while intoxicated. Indiana uses OWI as its primary legal term for impaired driving offenses. Under Indiana Code § 9-30-5, a driver may face an OWI charge for operating a vehicle while intoxicated or with a prohibited alcohol concentration.
Unlike DUI and DWI, which refer to driving, Indiana’s OWI law uses the term operating. This means an individual does not necessarily have to be driving down the road to face an OWI charge.
This distinction matters because someone researching an Indiana accident should rely on Indiana’s statutes rather than assuming that another state’s terminology applies.
What Does Indiana Call Drunk Driving?
Indiana generally uses the term operating a vehicle while intoxicated, or OWI. Indiana prohibits operating a vehicle while intoxicated. The statute also addresses operating a vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.
Other provisions address higher alcohol concentrations and certain controlled substances. A driver does not necessarily need to have an alcohol concentration of 0.08% or higher to be considered intoxicated under Indiana law. If alcohol or drugs impair the driver’s normal faculties, an OWI charge may be possible under the applicable statutory provisions.
What Are the Consequences of an OWI Conviction?
The consequences of an OWI conviction depend on several factors, including the driver’s alcohol concentration, previous convictions, and whether the offense caused injuries or death.
Depending on the offense, an impaired driver may face:
- Criminal fines and court costs
- Jail or prison sentences
- Civil liability
- Suspension of driving privileges
- Probation or court supervision
- Alcohol or substance abuse treatment
- Ignition lock requirements
- Increased automobile insurance expenses
- A permanent criminal record
These criminal and administrative consequences are intended to punish unlawful behavior. However, they do not automatically compensate people injured in an impaired driving accident.
What Damages Can Victims of Impaired Driving Accidents Recover?
Indiana law allows accident victims to pursue compensation for financial and personal losses caused by another party’s negligence.
Economic damages compensate victims for measurable financial losses. These may include:
- Emergency medical treatment
- Hospitalization and surgery
- Physical therapy and rehabilitation
- Prescription medications
- Future medical expenses
- Lost income and reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages address the personal effects of an injury. These damages may include:
- Pain and suffering
- Emotional distress
- Permanent impairment
- Disfigurement
- Loss of quality of life
These losses can be considered when determining appropriate compensation.
Contact Wilson Kehoe Winingham Injury Lawyers To Schedule a Free Consultation With an Indianapolis Personal Injury Attorney
DUI, DWI, and OWI are different terms used to describe impaired driving. In Indiana, the primary legal term is operating a vehicle while intoxicated, or OWI. If you or a loved one was injured by an impaired driver in Indiana, you may be entitled to compensation.
Contact Wilson Kehoe Winingham Injury Lawyers for a free consultation with an Indianapolis car accident lawyer. We can help you understand your rights, investigate your accident, and fight for the compensation you deserve.