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Is There a Difference Between OWI and DUI Charges?

Robert Stahle • July 11, 2019
A glass of whiskey and a bunch of car keys on a table.

It’s never anybody’s goal to get pulled over when they’ve been drinking, but poor judgment can get the best of you sometimes, and land you in legal hot water. When we reference intoxicated driving, the terms OWI and DUI are often used interchangeably. This produces some understandable confusion about whether there’s a difference between these offenses, and if so, what it is.


The Difference Between an OWI and a DUI

OWI and DUI are both acronyms used in reference to drunk driving. A person who is charged with a DUI is accused of driving while intoxicated. A person who is charged with an OWI is accused of operating while under the influence. While there are slight differences in definition between the two, most states use one or the other, but not both in defining their drunk driving laws.

For instance, the state of Iowa issues an OWI charge, which casts a wider net than simply driving while under the influence. In Iowa, it is illegal to drive while under the influence but it is also illegal to operate a motor vehicle with its engine running, regardless of motion. An intoxicated person sitting behind the wheel of a car with the engine running may be charged with an OWI, even if they never move the vehicle.

Other states, like Nebraska, apply laws to the DUI standard. In Nebraska, it is illegal to be found in actual physical control of a motor vehicle with a blood alcohol of .08 or if you are determined to be under the influence. A person may be deemed to be under the influence of drugs or alcohol if their ability to operate a vehicle is impaired to a reasonable degree.


OWI and DUI Penalties

Regardless if your state follows OWI or DUI laws, the penalties for being charged with either offense can be severe. In some cases, there may be leniency offered for a first-time offender, but this is becoming a rare exception in the courts. Penalties for a first-time offense may include fines, jail time, license suspension, and rehabilitation programs.

If you’ve been charged with an OWI or DUI and it isn’t your first offense, you can expect much harsher sentencing. It’s important that you contact an OWI lawyer immediately to discuss your case and potentially minimize the penalties you’re facing.


Your OWI Attorney in the Siouxland Area

Drunk driving laws vary by state, which can make it more difficult to understand where you stand if you’re facing an OWI or DUI charge – especially if you’ve crossed the border from your home state when the incident occurred. You need an attorney by your side who’s experienced in handling charges just like the one you’re facing.

We’re here to provide you with legal representation against OWI charges in the Siouxland area. You shouldn’t fight charges of drunk driving alone, especially when an experienced attorney who can defend your case is just a phone call away. If you need legal representation, contact Fitch & Stahle Law Office today.

How Insurance Companies Try to Undermine Personal Injury Claims

By Robert Stahle • December 5, 2025
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How to Protect Your Legal Rights After a Personal Injury Accident in Nebraska or Iowa

By Robert Stahle • December 2, 2025
Getting hurt in an accident is overwhelming—physically, emotionally, and financially. Whether it was a car crash, a slip-and-fall, a dog bite, or a workplace incident, one thing is certain: what you do next can significantly affect your ability to recover compensation . At Fitch & Stahle Law Firm , we help injured people throughout South Sioux City , Sioux City , and the broader Nebraska-Iowa region understand their rights and take the right steps from day one. If you’ve been injured and suspect someone else is at fault, here’s how to protect yourself legally and financially. Step 1: Seek Medical Attention Right Away Even if your injuries seem minor, always get checked out by a medical professional as soon as possible after an accident. Why it matters: Some injuries (like whiplash or internal trauma) aren’t immediately obvious. Medical documentation is critical evidence in your personal injury case. Insurance companies will look at how soon you sought care to judge the severity of your injuries. Be sure to follow all treatment instructions and attend follow-up appointments. Gaps in care can be used against you later. Step 2: Report the Incident Whether it’s a car accident, workplace injury, or slip and fall, it’s important to officially report the incident: Car crash – Call the police and file a report. Workplace injury – Notify your employer in writing. Slip and fall or dog bite – Report it to the property owner or business manager. These reports create a verifiable timeline and paper trail that supports your claim. Step 3: Document Everything If you're able, gather as much evidence at the scene as possible, including: Photos of injuries, property damage, or the accident location Contact information for witnesses Notes on what happened, including time, date, and weather conditions Copies of any reports filed If you were too injured to document the scene, don’t worry—our legal team at Fitch & Stahle Law Firm can investigate on your behalf and gather evidence while it’s still fresh. Step 4: Don’t Speak to the Insurance Company Without Legal Advice Insurance adjusters might sound friendly—but their goal is to minimize payouts , not protect your interests. They may ask for a recorded statement or offer a quick settlement. Don’t take the bait. Before you sign anything or give a statement, speak with a qualified personal injury attorney . At Fitch & Stahle , we handle all communications with insurance companies so you don’t have to—and we won’t let them take advantage of your situation. Step 5: Know the Statute of Limitations in Your State Every state has a legal deadline for filing a personal injury lawsuit, known as the statute of limitations : Nebraska: 4 years from the date of the injury Iowa: 2 years from the date of the injury Some exceptions apply for cases involving minors or certain types of claims, but the bottom line is this: The sooner you act, the stronger your case. Step 6: Don’t Post About Your Case on Social Media What you post online can and will be used against you by insurance companies and defense attorneys. A seemingly harmless photo or post could be twisted to suggest you’re not as injured as you claim. Until your case is resolved, avoid posting about: Your accident Your injuries Your physical activities or travel Conversations with doctors or attorneys Step 7: Call a Personal Injury Attorney You Can Trust The most important thing you can do after an accident? Get legal help as soon as possible. A skilled attorney will: Investigate your case Prove fault and liability Calculate full damages (medical bills, lost wages, pain and suffering, etc.) Negotiate with the insurance company Represent you in court if necessary At Fitch & Stahle Law Firm , we treat your case with the care and urgency it deserves. We offer free consultations , and you pay nothing unless we win. Why Work with Fitch & Stahle Law Firm? ✅ Decades of experience helping injured people in Nebraska and Iowa ✅ Licensed in both NE and IA —we know the laws in both states ✅ Aggressive negotiators and trial-ready attorneys ✅ Personalized, compassionate service —you’re more than just a case file ✅ No legal fees unless we win We proudly serve clients throughout South Sioux City , Sioux City , and the surrounding Siouxland region. Whether you were injured on the road, on the job, or on someone else’s property—we’re here to help. Schedule Your Free Consultation Today If you’ve been injured, don’t wait to get the help you need. Let Fitch & Stahle Law Firm fight for your rights and secure the compensation you deserve. 📞 Call us now at 402-494-3012 🌐 Visit us online at fitch-stahlelaw.com 📍 Located in South Sioux City, Nebraska You only get one chance to recover the compensation you need— make it count with the right legal team on your side.