There are various criminal charges for operating a motorized, electric, or otherwise-powered transportation device on public roadways or waterways while under the influence of or intoxicated by drugs or alcohol, as defined by state law. DUI, DWI, OUI, OWI, and BUI—driving under the influence, driving while intoxicated, operating under the influence, operating while intoxicated, and boating under the influence—are some of the common names for such impaired-driving or impaired-operating criminal offenses.
Laws regarding the definitions and names of such alcohol and drug-related driving offenses vary from state to state and are usually located in a state’s statutes—often in the penal code or criminal code.
In Arizona, the primary statutes governing driving under the influence (DUI) are found in Title 28 of the Arizona Revised Statutes (A.R.S.), specifically sections 28-1381 to 28-1383. Arizona law prohibits operating a motor vehicle while impaired to the slightest degree by alcohol, drugs, vapor releasing substances containing a toxic substance, or any combination thereof. The state uses the term 'DUI' rather than 'DWI' and does not differentiate between the two. Penalties for DUI offenses can vary based on factors such as the driver's blood alcohol concentration (BAC), prior DUI convictions, and whether any aggravating factors are present, such as having a minor in the vehicle. Arizona also has an 'Extreme DUI' charge for BAC levels of 0.15% or higher and 'Super Extreme DUI' for BAC levels of 0.20% or higher. For operating watercraft under the influence, Arizona enforces 'OUI' (Operating Under the Influence) laws, which are similar to DUI laws and are covered under A.R.S. sections 5-395 and 5-395.01. These laws apply to all watercraft on Arizona waterways.