Legal Definitions - operating under the influence

Operating Under the Influence refers to the act of controlling or using any type of vehicle or machinery while one's physical or mental abilities are significantly impaired by alcohol, drugs (including prescription medications, over-the-counter drugs, or illegal substances), or other intoxicating agents. This impairment must be to a degree that it affects one's capacity to operate the equipment safely and prudently. While often used interchangeably with "driving under the influence" (DUI) or "driving while intoxicated" (DWI) when referring specifically to motor vehicles on public roads, "operating under the influence" is a broader term that can apply to a wider range of vehicles and contexts.

• Example 1: Boating While Impaired

  Imagine a person steering a motorboat on a busy recreational lake after consuming several alcoholic beverages. Their reaction time is noticeably slower, and their judgment is impaired, causing them to navigate erratically and nearly collide with another vessel.

  This scenario illustrates "operating under the influence" because the individual is controlling a vehicle (the boat) while their abilities are compromised by alcohol, making their operation unsafe and posing a risk to others on the water.

• Example 2: Operating Heavy Machinery on a Job Site

  Consider a construction worker who is assigned to operate a forklift on a private construction site. Unbeknownst to their supervisor, the worker has taken a strong prescription painkiller that causes significant drowsiness and slows their reflexes, making it dangerous for them to control the heavy equipment and potentially endangering other workers.

  Here, the worker is "operating" heavy "machinery" while "under the influence" of a substance (the painkiller) that impairs their capacity to do so safely, even though it's on private property and not a public road.

• Example 3: Riding an Electric Scooter While Intoxicated

  A person rents an electric scooter and rides it along a public pedestrian path after consuming several alcoholic drinks. Their coordination is significantly affected, causing them to swerve unpredictably, nearly hitting pedestrians and struggling to maintain balance.

  This demonstrates "operating under the influence" as the individual is controlling a vehicle (the electric scooter) while impaired by alcohol, thereby compromising their ability to operate it safely in a public space and creating a hazard for others.