OUI vs. DUI: More Differences

In a previous post on watercraft OUI vs. motor vehicle DUI, I discussed some differences between the two offenses.  Here are a few more differences:

  • Second OUI Is a Felony, but Second DUI Is a Misdemeanor.   A person’s third DUI in a motor vehicle may be charged as a Class 2 felony.   OUIs differ from the DUIs in this regard in that a person’s second OUI may be charged as a felony if the person’s first OUI resulted in a conviction (no supervision).  625 ILCS 45/5-16(A)(4)(a).
  • Different Field Sobriety Tests.   The field sobriety tests that work for motor vehicle DUI investigations don’t work well in the aquatic environment (except for the HGN test a/k/a the eye test).  As such, different tests are typically administered.  In a DUI case, the three typical tests are the HGN test, the Walk-and-Turn test, and the One-Leg Stand test.  In an OUI case, the three typical tests are the HGN test, the Alphabet test, and the Hand Pat test.
  • Conservation Police.  With OUIs, you are probably being investigated by a conservation police officer.  While experiences may differ elsewhere in the state, every OUI I have handled has been investigated by the Illinois Conservation Police.

Jeremy Richey

Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.