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 York State, driving while intoxicated (DWI) and driving under the influence (DUI) are serious criminal offenses. New York law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, which is considered a DWI. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, the state enforces a 'Zero Tolerance Law' with a BAC limit of 0.02%. Additionally, driving while ability impaired by alcohol (DWAI/Alcohol) can be charged for BAC levels between 0.05% and 0.07%. New York also criminalizes driving while ability impaired by drugs (DWAI/Drug) and driving while ability impaired by a combination of alcohol and drugs (DWAI/Combination). Boating under the influence (BUI) is similarly regulated, with penalties for operating watercraft while intoxicated. Penalties for these offenses can include fines, license suspension, and imprisonment. The specific statutes detailing these offenses and penalties can be found in the New York Vehicle and Traffic Law (VTL) and the Navigation Law for BUI.