Impaired driving charges are no joke. When an individual operates a vehicle while intoxicated or under the influence of alcohol or drugs, they may find themselves facing an arrest for Operating a Vehicle Impaired or for Driving Under the Influence, depending on which state they are in. It's important to note that an OVI and DUI carry essentially the same meaning as they both pertain to similar behaviors. Although some states such as Ohio contend that the term DUI has become outdated which is why they have adopted the new term OVI to refer to any crimes involving a person operating a vehicle while under the influence of drugs or alcohol.

The Evolution of OVI vs. DUI

While the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are more commonly recognized across America, some states now use the relatively new terms OVI or OUI. When OVI was first conceived it was actually: Operating a Motor Vehicle Impaired (OMVI). But it was later recognized that a vehicle doesn't need to be motorized to pose a danger when the operator is impaired, and as such they removed the "M" from OMVI. This led to the adoption of the term OVI by the Ohio General Assembly in 2005.

Although the abbreviations OVI, DUI, DWI, etc. describe basically the same behavior, they differ in subtle legal nuances, particularly regarding what prosecutors must prove to build a case against a defendant. An OVI carries the implication that a person doesn't necessarily have to be driving a motor vehicle to be found guilty of this offense, whereas DUI - driving under the influence - requires the offending individual to actually be driving to be found guilty.

Which States Use DUI VS OVI

DUI still remains the most common acronym when referring to cases involving a person operating a motor vehicle while impaired in some manner, however there are a number of other acronyms used across the States as well. These include OVI, OUI, OWI, DUII, and DWI. The breakdown of these is listed below.

• States That Use DUI: Alaska, Alabama, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maryland, Mississippi, Montana, North Dakota, Nebraska, Nevada, Oklahoma, Pennsylvania, South Carolina, Tennessee, Utah, Virginia, Vermont, Washington, West Virginia, Wyoming
• States That Use DWI: Arkansas, Louisiana, Minnesota, Missouri, North Carolina, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, South Dakota, Texas
• States That Use OVII: Oregon
• States That Use OVI: Ohio
• States That Use OWI: Iowa, Indiana, Michigan,
• States That Use OUI: *Massachusetts, Maine,

*Also uses the term DUI

How the Terms OVI Aids Prosecutors

Although Ohio is the only state to adopt the use of OVI it is a term that gives prosecutors the strongest footing when trying to secure a conviction for a driving under the influence charge. To understand the strength of the OVI charge it's essential to recognize the impact of other acronyms related to drunk driving:

Driving While Intoxicated (DWI): Prosecutors face challenges with the DWI offense, as they need to convince a jury that the defendant is genuinely intoxicated, which is a subjective judgment. Additionally, they have to prove that the defendant was actively driving at the time of arrest.

Driving Under the Influence (DUI): While removing the term intoxicated lowers the bar for conviction, driving under the influence still poses the challenge of a prosecutor having to actively show that the defendant was driving.

Operating While Intoxicated (OWI): By replacing the term driving with operating it removes the requirement that the vehicle be motorized. It does however retain the idea that the defendant must be proven intoxicated at the time of their arrest which can be difficult since it is such a subjective term.

Operating a Vehicle Impaired (OVI): The term OVI, removes the requirement for the vehicle to be motorized entirely, and provides the broadest definition of drunk driving. This clarity simplifies jury deliberations and increases the prosecutor's chances of securing a conviction.

Operating Under the Influence: This term is the only other besides OVI which has strong legal verbiage in favor of conviction since it too removes the need for the vehicle to be motorized and uses vague language to describe the inebriation of the defendant.

Why Understanding The Difference Between An OVI or DUI Matters

Although the terms are used almost interchangeably there are subtle differences between them and as such it is necessary to be aware of the differences. No matter whether you are a criminal lawyer, a prosecutor, or an individual facing these sorts of charges, understanding that the state you practice law in, or have been convicted in will play an important role in how a defense is prepared is crucial.