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 South Dakota, the primary statute governing driving under the influence (DUI) is codified in South Dakota Codified Laws (SDCL) 32-23. Under this statute, it is illegal to operate a motor vehicle if a person has a blood alcohol content (BAC) of 0.08% or higher. This applies to all motorized vehicles, including cars, trucks, and motorcycles, on public roadways. The law also covers operating under the influence of drugs. South Dakota does not use the terms DWI (driving while intoxicated), OUI (operating under the influence), or OWI (operating while intoxicated) in its statutes; DUI is the standard term used. For waterways, Boating Under the Influence (BUI) is addressed under SDCL 32-20A, which prohibits operating a boat or other watercraft while under the influence of alcohol or drugs. Penalties for DUI and BUI offenses in South Dakota may include fines, imprisonment, and the suspension or revocation of driving or boating privileges, depending on the severity of the offense and the number of prior convictions.