While usually speaking driving while impaired by alcohol or drugs will be called a DUI, various states have different versions of this charge, calling it a DUIL, a DWI, or even an OWI, and more. But do these different names reflect any difference at all in the actual charges and how they are sentenced? Keep reading to find out.

First of all, what do the different acronyms themselves mean? Of course, a DUI means driving under the influence while a DWI means driving while intoxicated. Now a DUIL stands for driving under the influence of liquor. An OMVI (or just OVI) means operating a motor vehicle while intoxicated, while an OUI simply means operating under the influence. An OWI is operating while intoxicated. The bottom line is, these charges are basically the same. And they are not necessarily drunk driving either, as a prosecutor can make this charge stick whether or not they can prove that you were drunk. All they would have to prove is impairment.

So while there is a considerable variety in names, the only real difference between names that matters is between a DUI and a DUI Per Se. What is a DUI Per Se? This the charge that a driver was behind the wheel with a blood alcohol content of 0.08 or more, even though this did not lead to impairment. So regardless of impairment, the same penalties would be faced as for a DUI.

Otherwise, the standard DUI (or DWI, OVI, etc.) charge would entail two components that a prosecutor would have to prove. The first part of the charge is the driving/operating aspect. Of course, if an officer pulls you over and you are the only person in the car, it is rather obvious that you were operating the vehicle. But a bicycle, a horse, a golf cart, or sometimes even a skateboard will be viewed as a motor vehicle. What qualifies as a motor vehicle will depend on a state's laws. And there are cases where people have been convicted of a DUI even though they were merely sitting behind the wheel, or even sleeping in the driver's seat of a turned off vehicle with the keys in their pocket (these trickier circumstances are sometimes not counted in certain states). An officer would not have to catch you behind the wheel either. If you say you were driving, or if this is something that an officer can figure out, then you could be charged even if you are walking away from the motor vehicle. Finally, in some states, you can only be charged if you are driving on a public road.

The second aspect of a DUI charge is the part about being under the influence or intoxicated. In many states, this would be proven by any measurable BAC in a minor younger than 21, while for everyone else, having a BAC of at least 0.08 would qualify for this part of the charge. But even if your BAC is less than this, you could be convicted if a prosecutor can show you were impaired. Prosecutors in Colorado only have to prove that someone was impaired to the slightest degree. This aspect of the charge is also heavily dependent on state law.

As a last note on BAC and DUI charges, if a breath or blood test shows a BAC of 0.11 or higher, then defendants often find it best to simply plead guilty, and perhaps get a lesser sentence in the bargain. If a plea bargain is possible, then this is definitely something you want an experienced DUI lawyer to handle. Now if your BAC was shown to be 0.10 or lower in a chemical test, this is likely something you want to challenge. You can find the legal expert you need in your corner when you look through our directory. Do not delay. Find a DUI lawyer today!