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 Utah, DUI (driving under the influence) is the term used for the offense of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Utah has a lower blood alcohol concentration (BAC) limit than most states, with a per se intoxication level of .05 BAC, rather than the .08 BAC that is standard in many other states. This means that a driver with a BAC of .05 or higher is considered legally impaired and can be charged with DUI. Additionally, Utah law provides for potential charges if a person is found to be impaired to a degree that they cannot safely operate a vehicle, even if their BAC is below .05. The state does not differentiate between DUI and DWI as separate offenses; the term DUI is used to cover all instances of driving while impaired. Penalties for DUI in Utah can include fines, jail time, community service, mandatory educational programs, and the installation of an ignition interlock device. The severity of the punishment often depends on the number of prior offenses and the specific circumstances of the case, such as having a very high BAC or causing an accident while impaired.