OUI (Operating Under the Influence)

OUI (operating under the influence) is the criminal offense of operating a motor vehicle while under the influence of alcohol and/or drugs. This offense is also called DUI, DWI, driving under the influence, driving while impaired and driving while intoxicated, depending on the jurisdiction. On the most basic level, OUI may be defined as driving with a blood alcohol concentration of .08% or greater and/or while one's abilities are impaired by drugs or alcohol.

An OUI conviction may result in a number of severe penalties: license suspension, fines, alcohol treatment or rehabilitation, counseling, probation, and jail time. Penalties for OUI will be more severe for a multiple offender, for a person who is involved in accident while under the influence or for an individual who caused the death of another while OUI.

Specific OUI laws and penalties will vary from jurisdiction to jurisdiction, so it is recommended that you discuss your particular case and concerns with a local lawyer who is familiar with these cases.

Evidence in an OUI Case

OUI charges may come about after a driver is pulled over by a police officer who suspects that the driver is operating a vehicle while under the influence of drugs or alcohol. The officer may ask the driver to step out of the vehicle to perform field sobriety tests, noting the driver's performance on these. Common tests include the one leg stand, walk and turn, alphabet test and horizontal gaze nystagmus (following a light or object with the eyes). Depending on how the driver performs on these tests as well as any other observations the officer makes about the driver's behavior, the officer may make an arrest for OUI. After the arrest, the driver will be asked to take a breath or blood test to determine the level of alcohol in his or her system. If it is found to be .08% or greater, the driver can expect to face OUI charges.

The key evidence in an OUI case may include:

• The officer's testimony regarding:
  • Statements made by the driver at the time of the arrest and during testing
  • The driver's performance on field sobriety tests
  • The driver's conduct while driving
  • The driver's overall behavior and demeanor
• The outcome of a breath test or blood test
• Any physical evidence present, such as an open alcohol container in the vehicle

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