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 Kentucky, the primary statute governing the operation of vehicles under the influence of alcohol or drugs is Kentucky Revised Statutes (KRS) Chapter 189A. This law defines the offense commonly referred to as Driving Under the Influence (DUI). Under KRS 189A.010, a person is guilty of DUI if they operate or are in physical control of a motor vehicle anywhere in the state while under the influence of alcohol, any other substance which impairs driving ability, or with a blood alcohol concentration (BAC) of 0.08 or higher. The law applies to all motorized vehicles, including cars, trucks, and motorcycles, and also covers operating a vehicle under the influence of marijuana or controlled substances. Penalties for DUI offenses can include fines, jail time, community service, and license suspension. For boating under the influence, Kentucky has a separate statute, KRS 235.240, which prohibits operating a watercraft under the influence of alcohol or drugs. The BAC limit for boating under the influence (BUI) is also 0.08. The state does not use the terms DWI, OUI, or OWI, but the DUI laws encompass the same behaviors that these terms describe in other states.