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 South Dakota, DUI (driving under the influence) is the term used to describe the offense of operating a vehicle while under the influence of alcohol or drugs. South Dakota law prohibits driving a vehicle with a blood alcohol concentration (BAC) of .08 or higher, which is considered per se intoxication. However, drivers can also be charged with a DUI if they are found to be impaired by alcohol or drugs to a degree that they no longer have normal control of their mental or physical faculties, even if their BAC is below .08. For drivers under the age of 21, the state has a zero-tolerance policy, meaning any detectable amount of alcohol can result in a DUI charge. The state does not use the term DWI (driving while intoxicated) or OWI (operating while intoxicated) in its statutes. Penalties for DUI in South Dakota can include fines, jail time, license suspension, and mandatory education programs, and these penalties can increase with subsequent offenses or if aggravating factors are present, such as a high BAC or causing injury while driving under the influence.