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 Nebraska, the primary offense for operating a vehicle while under the influence of alcohol or drugs is referred to as 'Driving Under the Influence' (DUI). Nebraska Revised Statute 60-6,196 outlines the provisions for DUI offenses, which apply to operating motor vehicles on public roadways. It is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher, or while under the influence of drugs. Penalties for DUI in Nebraska can include fines, license revocation, and possible jail time, with increased severity for repeat offenses or high BAC levels. Nebraska also has an implied consent law, meaning that drivers must submit to a chemical test if there is probable cause to believe they are under the influence. Refusal to take the test can result in administrative penalties. While Nebraska law primarily addresses DUI in the context of roadways, operating watercraft under the influence of alcohol or drugs is also prohibited under Nebraska Revised Statute 37-1259, which covers Boating Under the Influence (BUI). Penalties for BUI are similar to those for DUI and aim to prevent impaired operation of boats on Nebraska's waterways.