Despite the harsh DUI laws in our state, drunk or impaired driving is still a problem in Massachusetts and the United States. According to the Center for Disease Control, 29 people die in car crashes that involve a drunk driver every day, which equals about one death every 50 minutes. In fact, 1,370 people died from 2003-2012 in accidents involving a drunk driver in Massachusetts alone. These accidents cost the state of Massachusetts and its residents millions of dollars every year in medical bills and lost productivity.
When the topic of drunk or impaired driving is being discussed, you might hear certain terms used interchangeably to describe or categorize the act of driving while intoxicated such as operating under the influence(OUI), driving under the influence(DUI), or driving while impaired(DWI), but what is the difference between each of these terms? Do they each describe the same thing?
What Does OUI, DUI, and DWI Mean?
Mass.Gen.Laws ch.90§24 defines what the crime of operating a vehicle under the influence (OUI) of an intoxicating substance is and the punishments that could be imposed as a consequence of being convicted of OUI in the state of Massachusetts. Although we often associate OUI with driving under the influence of alcohol, OUI includes all intoxicating substances such as marijuana, narcotics, depressants, etc.
Moreover, for you to meet the OUI criteria in the context of alcohol, your blood alcohol content has to be at or above a certain level, which can vary depending on your age and the type of vehicle you are operating. The type of vehicle, age, and blood alcohol level needed to be charged with OUI in Massachusetts is as follows:
- Drivers ages 21 or older operating a non-commercial vehicle: BAC .08% or higher
- Drivers under 21 operating a any type of vehicle: BAC .02% or higher
- Drivers ages 21 or older operating a commercial vehicle: BAC .04%
What Does DUI and DWI Mean in MA?
Similar to the way OUI derives its meaning from the definition of the crime as listed in the Massachusetts state statute, DWI and DUI derive their meaning from the description of the same crime, operating a vehicle under the influence, but with a different wording in other states. For example, Minnesota’s OUI statute uses the term “driving while impaired” to define the crime of OUI in that state.
Similarly, Florida’s OUI statute uses the term “driving under the influence” to describe the same crime as Massachusetts’ OUI statute. Since OUI, DUI, and DWI are all used to describe the same crime and generally have the same meaning, these terms are often used interchangeably.
What Should I do if I am Charged with OUI in MA?
Massachusetts, like most other states, imposes harsh penalties if you are convicted of OUI even once, which include up to 2½ years in jail, a fine of $500 to $5,000, or both for first time OUI offenders. So, if you are charged with DWI in Massachusetts, you should always contact a lawyer, because often, an attorney can negotiate best possible resolution to your case or simply get the charges dismissed entirely.
