Legal Definitions - operating while intoxicated

Operating While Intoxicated (OWI) is a legal term that refers to the act of having physical control over a motor vehicle or other specified machinery while one's ability to do so safely is impaired by alcohol, drugs, or a combination of both. This impairment is typically determined either by a blood alcohol content (BAC) above a legally defined limit or by observable signs of intoxication that affect judgment, coordination, or reaction time. The term "operating" often extends beyond actively driving to include being in physical control of the vehicle, even if it is stationary, with the intent or capability to operate it.

• Example 1: Driving a Car on a Public Road

  A driver is pulled over by law enforcement on a city street after being observed swerving between lanes. After failing a series of field sobriety tests, a breathalyzer test reveals their blood alcohol content (BAC) is significantly above the legal limit. In this scenario, the individual would likely be charged with Operating While Intoxicated because they were actively driving a motor vehicle on a public thoroughfare while legally impaired by alcohol.

• Example 2: Operating a Watercraft

  During a busy summer weekend, a person is steering a jet ski on a public lake, performing maneuvers that appear reckless and dangerous. Marine patrol officers observe this behavior and, upon stopping the individual, detect signs of alcohol impairment. A subsequent test confirms they are intoxicated. This situation falls under OWI because many jurisdictions extend these laws to include the operation of watercraft, recognizing the similar dangers posed by impaired operation on water.

• Example 3: Being in a Parked Vehicle with Keys

  An individual attends a party and consumes several alcoholic drinks. Realizing they are too impaired to drive, they decide to "sleep it off" in their car in the parking lot. They are found by police asleep in the driver's seat with the engine running and the keys in the ignition. Even though the vehicle was not moving, this could constitute OWI. Many laws define "operating" broadly to include having physical control of the vehicle with the engine on or keys in the ignition, indicating the potential to drive while impaired.