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 Indiana, the relevant laws for operating a vehicle while under the influence of drugs or alcohol are primarily found under Indiana Code Title 9 - Motor Vehicles, specifically in the sections dealing with Operating a Vehicle While Intoxicated (IC 9-30-5). The state uses the term 'Operating While Intoxicated' (OWI) to refer to what is commonly known as DUI or DWI in other states. Indiana law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers over 21, 0.02% for drivers under 21, and 0.04% for commercial drivers. Additionally, operating a vehicle with any amount of a Schedule I or II controlled substance in the body is also illegal. Penalties for OWI offenses can include fines, imprisonment, license suspension, and mandatory participation in substance abuse education programs. Indiana also has an Implied Consent Law, which means that by operating a vehicle in the state, drivers are deemed to have given consent to chemical testing to determine their level of intoxication. Refusal to submit to testing can result in license suspension. For boating under the influence (BUI), Indiana enforces similar prohibitions and penalties for operating watercraft while intoxicated under Indiana Code Title 14 - Natural and Cultural Resources, Article 15 - Navigation and Water Safety.