Impaired driving goes by different names depending on where you’re arrested. DUI, DWI, OWI, OVI, and OUI all describe essentially the same underlying conduct operating a vehicle while impaired by alcohol or drugs but which term applies, and what it means legally, depends entirely on the state. Here’s how they break down, and specifically what applies in Maryland.
The Two Terms That Actually Apply in Maryland: DUI and DWI
Maryland uses DUI (Driving Under the Influence) and DWI (Driving While Impaired) not OWI, OVI, or OUI. The distinction between the two matters:
- DUI applies at a BAC of .08% or higher, or when the prosecution proves the driver was under the influence to a substantial extent. This is the more serious charge.
- DWI is the lesser offense, applying at a BAC of .07%–.079%, or a lower standard of impairment than DUI requires.
We cover what this actually means for sentencing in our guide to Maryland DUI penalties.
The Numbers Behind the Map
Here’s a statistic that puts the confusion in perspective: more than 32 states use the term DUI as their primary charge label, while about 10 states use DWI instead. The remaining handful split across OWI, OUI, and two terms unique to a single state each Wyoming’s DWUI (Driving While Under the Influence) and Oregon’s DUII (Driving Under the Influence of Intoxicants). So while DUI is the closest thing to a national default, it’s still not universal and the terminology map doesn’t follow any single logical pattern (it’s largely a product of when and how each state’s legislature originally drafted its statute, sometimes decades apart from its neighbors).
Why Other States Use Different Terms
DWI (Driving While Intoxicated) is also the primary term in states like Texas and New York though it’s worth noting Maryland’s “DWI” means something different (impaired, not intoxicated) than Texas’s or New York’s DWI. Terminology overlapping across states with different legal meanings is exactly why “just Google it” can give you the wrong answer about your own case.
OWI (Operating While Intoxicated) is used in Iowa, Indiana, Wisconsin, and Michigan. The word “operating” instead of “driving” matters: it broadens the offense to cover being in physical control of a vehicle even if it isn’t moving — sitting in the driver’s seat with the engine running, for instance.
OVI (Operating a Vehicle Impaired) is Ohio’s specific term, functioning similarly to OWI.
OUI (Operating Under the Influence) is used in Massachusetts, Maine, and Rhode Island, again using “operating” rather than “driving” to broaden the scope of the offense.
Quick Reference Table
| Term | Full Form | States That Use It | Key Feature |
|---|---|---|---|
| DUI | Driving Under the Influence | Most states, including Maryland (more serious tier) | Requires driving, not just “operating” |
| DWI | Driving While Impaired/Intoxicated | Maryland (lesser tier), Texas, New York, and others | Meaning varies significantly by state |
| OWI | Operating While Intoxicated | Iowa, Indiana, Wisconsin, Michigan | “Operating” can include a stationary vehicle |
| OVI | Operating a Vehicle Impaired | Ohio only | Ohio-specific terminology |
| OUI | Operating Under the Influence | Massachusetts, Maine, Rhode Island | “Operating” broadens scope beyond driving |
Why This Matters If You’re Charged in Maryland
If you were arrested in Maryland, the only terms that apply to your case are DUI and DWI and which one you’re actually charged with has a real effect on the penalties you’re facing, not just the label. A DUI carries meaningfully higher maximum penalties than a DWI. Understanding which charge applies to your situation, and whether there’s room to negotiate a DUI down to a DWI, is something worth discussing with an attorney early rather than assuming the terms are interchangeable.
Frequently Asked Questions
Does Maryland use OWI or OUI? No. Maryland uses DUI and DWI exclusively. OWI, OVI, and OUI are terms used in other states (the Midwest, Ohio, and New England respectively) and don’t apply to a Maryland case.
Is a Maryland DWI the same as a Texas or New York DWI? No — this is a common point of confusion. In Maryland, DWI is the lesser of two impaired-driving charges. In Texas and New York, DWI is the primary, more serious charge (roughly equivalent to what Maryland calls DUI).
Why do states use different terms for the same basic offense? Largely historical — each state wrote its own traffic and criminal statutes independently, often decades apart, and the terminology reflects choices individual legislatures made rather than any national standard.
Does the specific term affect what a Maryland attorney can do for my case? The label itself doesn’t change your defense options, but knowing precisely which Maryland charge DUI or DWI you’re facing matters, since the maximum penalties and negotiation posture differ between them.
Talk to a Maryland DUI/DWI Attorney
If you’ve been charged and aren’t sure whether you’re facing a DUI or a DWI in Maryland or what that distinction means for your case our Maryland DUI defense attorneys can clarify exactly what you’re up against and what your options are.
For a full breakdown of what happens after an arrest, see our guide to the DUI legal process in Maryland. For the federal government’s overview of impaired driving terminology and enforcement nationwide, see the NHTSA’s impaired driving resource page.
About the Author
Richard A. Finci has practiced criminal and traffic law in Maryland since 1984. He is a former President of the Maryland Criminal Defense Attorney Association and former Chair of the Criminal Law Section of the Maryland State Bar Association. Rick has been selected to the Super Lawyers® list for Maryland and the District of Columbia. View full attorney profile →