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 Texas, the primary offenses related to operating a vehicle while under the influence of drugs or alcohol are Driving While Intoxicated (DWI) and Boating While Intoxicated (BWI). Under Texas Penal Code Section 49.04, a person commits a DWI if they are operating a motor vehicle in a public place while intoxicated, which is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances, or having an alcohol concentration of 0.08 or more. The same section of the law applies to operating an aircraft, a watercraft, or an amusement ride while intoxicated. For boating, Texas Parks and Wildlife Code Section 49.06 stipulates that a person commits BWI if they are intoxicated while operating a watercraft. Penalties for these offenses can vary based on the circumstances and can include fines, jail time, and the suspension of driving privileges. It's important to note that Texas takes these offenses seriously, and the state may impose strict penalties to deter impaired operation of vehicles and watercraft.
