Driving or being in actual physical control of a vehicle while alcohol, drugs, or another intoxicant impairs safe operation.

"Operating" is broader than simply moving down the road. A person can be accused even when the vehicle is stopped, if the facts suggest real control over it. "Under the influence" means the person's judgment, reaction time, coordination, or attention is affected enough to make safe driving harder. That can involve alcohol, illegal drugs, prescription medication, or a combination. Proof may come from an officer's observations, field sobriety tests, chemical testing, witness statements, or crash evidence.

For someone facing a charge, the wording matters because it shapes what the prosecution must prove and what a defense may challenge. In Hawaii, the offense is usually charged as Operating a Vehicle Under the Influence of an Intoxicant (OVUII) under Hawaii Revised Statutes § 291E-61. A case can involve alleged impairment or a prohibited alcohol level, and the details can affect license revocation, penalties, and possible plea bargain options.

In an injury claim, a finding that someone was operating under the influence can strongly affect fault and damages. Hawaii follows modified comparative fault with a 51% bar, so a person more than 50% at fault cannot recover damages. If an impaired driver causes a crash on Oahu or elsewhere in the state, that evidence can also influence insurance negotiations, including claims against Hawaii's required 20/40/10 auto liability coverage.