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.