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 North Carolina, the primary offense for operating a vehicle while under the influence of alcohol or drugs is called Driving While Impaired (DWI). State statutes define DWI under North Carolina General Statute § 20-138.1, which makes it illegal to drive any vehicle on a highway, any street, or any public vehicular area within the state while under the influence of an impairing substance, with a blood alcohol concentration of 0.08% or higher, or with any amount of a Schedule I controlled substance in the blood or urine. North Carolina does not differentiate between alcohol and drugs when it comes to impaired driving; both are covered under the same statute. Additionally, for boating, the offense is referred to as Boating Under the Influence (BUI), governed by North Carolina General Statute § 75A-10(b1), which prohibits operating any vessel while under the influence of an impairing substance.