DUI (driving under the influence), DWI (driving while intoxicated), and OWI (operating while intoxicated) are similar criminal offenses that involve the operation of a motor vehicle, electric vehicle, or sometimes an otherwise-powered vehicle—including boats, aircraft, and bicycles—by an operator who is under the influence of or intoxicated by alcohol or drugs. Per se (pronounced purr-say) intoxication is intoxication by definition—as defined in the state’s statutes by blood alcohol concentration (BAC) of .08 or more (.05 in Utah). And even if a person is not per se intoxicated, they may be intoxicated by not having the normal use of their mental or physical faculties (abilities), for example, and may be charged with a criminal offense.

In some contexts the terms DUI and DWI are used interchangeably, with some states using one term and other states using the other term to define what is essentially the same criminal offense. But in some states both criminal charges are available and there is a legal distinction between them.

For example, in some states with both criminal offenses, DUI is the criminal offense of operating a vehicle under the influence of prescription or recreational drugs, and DWI is the offense of operating a vehicle while intoxicated by alcohol. In some states DWI refers to per se intoxication when the driver’s BAC is above the threshold defined by statute—.08 (.05 in Utah)—and DUI is a criminal offense charged when the police officer believes the driver is under the influence of alcohol, despite the driver’s BAC being below the statutory threshold of .08. And in some states DUI is a separate offense for drivers under the legal age of drinking (21) who have some alcohol in their system, but less than a .08 BAC.

These and other similar alcohol-related operating offenses—including aggravated or enhanced forms of these offenses—vary from state to state in their definitions and potential punishments and are generally located in a state’s statutes—often in the penal code or criminal code.

In New York State, the terms DUI and DWI are often used interchangeably, but the official term used is DWI, which stands for 'Driving While Intoxicated.' New York law defines DWI as operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the BAC threshold is 0.04%, and for drivers under the age of 21, the state enforces a 'Zero Tolerance Law' with a BAC limit of 0.02%. New York also recognizes a charge of 'Driving While Ability Impaired' (DWAI) by alcohol, with a BAC between 0.05% and 0.07%, or by drugs. Aggravated DWI is another offense, charged when a driver's BAC is 0.18% or higher. Penalties for these offenses can include fines, license suspension or revocation, and possible jail time, with increased severity for repeat offenders or those with higher BAC levels. Additionally, New York has an implied consent law, meaning that by driving in the state, drivers consent to chemical testing for alcohol or drugs if suspected of impaired driving.