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 Jersey, driving under the influence (DUI) and driving while intoxicated (DWI) are terms used interchangeably to refer to the offense of operating a motor vehicle while impaired by alcohol or drugs. New Jersey law prohibits the operation of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers of legal drinking age, and a BAC of 0.01% or higher for those under the age of 21. Penalties for DUI/DWI can include fines, license suspension, installation of an ignition interlock device, and even imprisonment. The state also has an implied consent law, meaning that drivers automatically consent to chemical testing and can face penalties for refusal. Additionally, New Jersey enforces Boating Under the Influence (BUI) laws, which apply to operating a vessel on waterways while impaired. The BUI laws carry similar penalties to those for DUI/DWI. These laws are primarily found in the New Jersey Statutes Annotated (N.J.S.A.), specifically within the Motor Vehicles and Traffic Regulation and the Criminal Justice sections.