Operating Under the Influence (OUI)

OUI or operating under the influence is used in some states to describe the requisite elements of the criminal act of drunk driving. This term is similar to acronyms used in other states such as OWI (driving while intoxicated) or OUI (driving under the influence).

Operating under the influence consists of the following elements: the driver must be operating the vehicle upon a roadway within the jurisdiction of the court, the operation occurs when the driver is under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that their normal faculties were impaired, or they are operating their vehicle with a blood alcohol concentration (BAC) above .08% or higher.

States which use the term "operate" may allow that this action encompasses more than driving the vehicle. States may allow for the arrest of an intoxicated individual who is found behind the wheel of a nonmoving vehicle and may charge the driver with OUI even if the vehicle is not in motion. This means even if the vehicle is stopped and not running, a driver can be charged with OUI.