You may be charged with OWI or DUI If you are found to have a blood alcohol content (BAC) of higher than 0.08% while operating a motor vehicle. However, if the police office believes you are obviously impaired, it could be enough to lead to an Operating While Visibly Impaired (OWVI) charge.

For an OWVI conviction, the prosecutors must be prove that your ability to operate a motor vehicle safely was impaired by alcohol. This conviction can rely solely on a common traffic violation or the results of field sobriety tests (unlike other DUI offenses). An OWVI charge does not require chemical tests such as blood/breath test to obtain a conviction.

OWVI is commonly used as a plea bargain charge. It is not as serious as OWI. Because an OWVI does not required a chemical test to be performed, it is easier to prove and convict. If convicted, penalties include fines, possible jail time, suspension or revocation of driver’s license, possible vehicle immobilization, driver responsibility fees, and more.

If you have been charged with Operating While Visibly Impaired (OWVI), contact Rudoi Law today.