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What Is Difference Between DUI, DWI and OVI?

The basic difference between DUI, DWI and OVI is terminology.  All involve driving while under the influence of alcohol or drugs.  In Kentucky, the term is DUI for Driving Under the Influence, which can be drugs or alcohol.  DWI is generally used in Indiana as well as a number of other states and means Driving While Intoxicated or Driving While Impaired.  OVI is Operative a Vehicle under the Influence of alcohol or drugs.  The punishments do vary from state to state as do the timelines for filing certain Motions. If you are arrested for DUI, OVI or DWI, you should contact a criminal defense attorney who regularly handles cases such as these in your jurisdiction.  For example, Ohio carries a mandatory 3 days of incarceration for a first offense.  Many first time offenders who either plead or are found guilty opt for the 3 day DIP - driver intervention program, in lieu of jail time.  There is no mandatory jail time for first time offenders in Kentucky unless an aggravator is present, in which case there is a mandatory 4 days of incarceration.  Kentucky does not have a DIP program. It is important to remember that you can be guilty of driving while impaired due to drugs, regardless of whether they are prescribed to you or if they are illegally obtained.  If the prescription drugs are not prescribed, you may also be guilty of possession of controlled substance.  Ohio has enacted some per se limits if you have certain levels of some drugs in your system when you are operating the vehicle.  Every state has a per se limit with respect to alcohol and most are .08 blood alcohol level for a normal driver.  Drivers under the age of 21 as well as commercial drivers, CDL, have different and lower levels.  There are also high tier limits which can make the DUI/OVI an aggravated DUI. Those limits are .17 in Ohio and .15 in Kentucky. Often an experienced attorney can aid not only in a complete defense to the case, but may be able to negotiate for lower sentences if there are other factors such as aggravators.  If you have been arrested in Kenton, Boone, or Campbell County in Kentucky or Hamilton County (Cincinnati), Ohio, call for a consultation with Michael Bouldin at 859-581-6453 or email at [email protected] .  

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