For most people the two terms mean the same thing, but Michigan’s statute does not use DUI. MCL 257.625 calls the offense operating while intoxicated, or OWI, and has a lesser charge, operating while visibly impaired, or OWVI. Other states use DUI, DWI or OVI. What matters is the exact subsection you are charged under.
What Michigan calls it
MCL 257.625(1) prohibits operating a vehicle while intoxicated and defines that phrase three ways: being under the influence of alcohol, a controlled substance or another intoxicating substance, having an alcohol content of 0.08 or more, or having an alcohol content of 0.17 or more. The lesser offense in subsection (3) is operating when your ability to operate is visibly impaired. Michigan appellate opinions routinely shorten these to OWI and OWVI. See, for example, People v Mikulen, 324 Mich App 14 (2018). Each subsection and its penalties are laid out in my guide to the Michigan drunk driving statute.
The older labels: OUIL and UBAL
Older Michigan opinions use different shorthand. A 1991 Michigan Supreme Court decision refers to OUIL, operating while under the influence of intoxicating liquor, and UBAL, an unlawful blood alcohol level. People v Bewersdorf, 438 Mich 55, 62 (1991). The Court of Appeals in Mikulen still used OUIL for the under-the-influence version of subsection (1)(a). You may run into those terms in older cases. They are not separate offenses today. The current statute folds the alcohol content and under-the-influence theories into one defined offense, OWI.
What other states call it
- Illinois: driving while under the influence, DUI. 625 ILCS 5/11-501.
- Ohio: operating a vehicle under the influence of alcohol or drugs, OVI. Ohio Rev Code 4511.19.
- New York: driving while intoxicated, DWI, and a lesser driving while ability impaired. NY Veh & Traf Law 1192.
The labels differ, but a conviction from another state can still count in Michigan as a prior conviction if the other state’s law substantially corresponds to the Michigan provision. MCL 257.625(25)(b). The name on the other state’s statute is not what decides it. The substance is.
Why the name on the charge matters
The subsection you are charged under sets the ceiling on penalties for a first offense:
- OWI at 0.08 or under the influence: up to 93 days in jail, a fine of $100 to $500, a 180-day license suspension and 6 points. MCL 257.625(9)(a); MCL 257.319(8)(a); MCL 257.320a(1)(c).
- OWI at 0.17 or higher: up to 180 days in jail, a fine of $200 to $700, a one-year license suspension and 6 points. MCL 257.625(9)(a); MCL 257.319(8)(g).
- OWVI: up to 93 days in jail, a fine of up to $300, a 90-day license suspension and 4 points. MCL 257.625(11)(a); MCL 257.319(8)(b); MCL 257.320a(1)(i).
- Under 21: up to 360 hours of community service, a fine of up to $250, a 30-day license suspension and 4 points. MCL 257.625(12)(a); MCL 257.319(8)(c); MCL 257.320a(1)(i).
The label also follows you. An OWVI conviction counts as a prior conviction if you are charged again, so a reduction is not a clean slate. MCL 257.625(25)(b). When someone tells me they were charged with a DUI, the first thing I confirm is the subsection, because it tells me which of these four cases we are in. More on how I handle them is on my Grand Rapids OWI lawyer page. OWI is one part of my criminal defense work in Kent County.
Questions about OWI and DUI in Michigan
Is OWI worse than a DUI?
They describe the same kind of conduct. What changes the stakes is the specific subsection, such as OWI at 0.17 or OWVI, and whether you have prior convictions. The Michigan legal FAQs also have this question with OWI and DUI answered in short form.
Is OWVI the same as a DUI?
OWVI is the lesser charge under MCL 257.625(3). People often say DUI for it, but the penalties and license consequences are lower than for OWI, and it still counts as a prior conviction.
Does Michigan have a charge called DUI?
The operative statute, MCL 257.625, uses the phrase operating while intoxicated. DUI is the common name, and Illinois, for example, uses driving while under the influence in its statute.
If you or someone you know was charged with OWI or OWVI in Kent County or anywhere in West Michigan, call my Grand Rapids office at (616) 213-3327 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.