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 New Mexico (NM), the primary offense for operating a vehicle while under the influence of alcohol or drugs is known as Driving While Intoxicated (DWI). Under New Mexico law, a person is considered to be driving while intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if they are otherwise impaired to the slightest degree. For commercial drivers, the BAC threshold is 0.04%, and for drivers under the age of 21, it is 0.02%. New Mexico also has an 'Aggravated DWI' charge for cases where the BAC is 0.16% or higher, or if the DWI results in bodily injury, or if the driver refuses to submit to chemical testing. The state's statutes outline penalties that may include fines, jail time, community service, and the installation of an ignition interlock device. Additionally, New Mexico has Boating Under the Influence (BUI) laws for operating watercraft while intoxicated. The state's laws on impaired driving can be found in the New Mexico Statutes Annotated (NMSA), particularly within the Motor Vehicles Code (Chapter 66).