DUI Dictionary

Drunk driving arrests, DUI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to  DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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APS, or Administrative Per Se – In many states, there are two separate cases that arise from a single drunk driving arrest: The court case, and the Administrative Per Se, or APS case, with the Department of Motor Vehicles . In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Department of Motor Vehicles will take an administrative action against the driver. NOTE: Most states limit the amount of time a driver has to request a DMV hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away.

Acetone – An organic compound commonly found in the breath that can be improperly read as alcohol by the Intoxilyzer.

Absorption – The process of taking of alcohol from outside the body into the bloodstream. Peak absorption refers to the highest level of blood alcohol seen before blood alcohol content (BAC) begins to diminish.

Alcohol Gaze Nystagmus (AGN) – Gaze nystagmus caused by the effects of alcohol upon the nervous system.

Arraignment – The initial court proceeding, where someone arrested for DUI, drunk driving, or any related drinking and driving criminal charge is formally advised of the charges against them, and given an opportunity to enter a plea.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:s:

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BAC – Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level.

BAL – Breath alcohol level, or blood alcohol level. Today, many states will allow the prosecutor to try to prove the defendant’s guilt by direct reference to the breath alcohol level, rather than having to convert the breath alcohol level to blood alcohol level.

Breathalyzer – A portable machine utilized by law enforcement to measure the blood alcohol content (BAC) of suspected drunk drivers.

Burnoff – The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and can even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain.

DUI Dictionary

Drunk driving arrests, DUI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Caloric Nystagmus – A vestibular system nystagmus caused by differences in temperature between the ears, e.g., one ear is irrigated with warm water and the other irrigated with cold water.

Chemical Test – As related to driving under the influence (DUI), a test of the alcohol or drug concentration in a person’s blood. Blood or urine tests are used if drugs are suspected.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Drunk Driving – A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: First, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two, that the driver cannot drive safely. Second, “drunk driving” relates to those cases where someone is above that state’s legal limit, usually .08%, no matter how safely the person is driving.

DUI – Driving under the influence. Can either refer to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of liquor and drugs. This is the most widely used acronym for drunk driving cases. The standard for what it means to be under the influence will vary from state to state. It is important to contact a lawyer in your area that knows DUI law if you have been accused of DUI or a related drunk driving offense.

DUID – Driving under the influence of drugs. For purposes of DUID, the drugs may be legal or illegal, prescribed or otherwise.

DUII – Driving under the influence of an intoxicant. The intoxicant in DUII cases can be either alcohol or drugs. There is no difference between a charge of DUII and DUI. A DUII charge is no more or less serious than that of DUI. However, Oregon, the state that refers to drunk driving as DUII, does have a pre-trial diversion program that many other states do not offer. Before you get involved in any diversion program, talk to a DUI defense lawyer, as there are pros and cons to these types of programs.

DUIL or OUIL – Driving under the influence of liquor or Operating under the influence of liquor. These are phrases that are used in very few states; most notably, They are sometimes used in Massachusetts, Michigan and Utah to refer to a drunk driving case.

DWAI – Driving while abilities impaired. This acronym is used in Colorado to refer to a lesser charge that is related to drunk driving, but does not carry all of the same consequences and punishments. A DWAI conviction, in those few states that offer DWAI, may not be considered a prior conviction for drunk driving purposes in other states. It is important to consult a drunk driving lawyer that is well-versed in this area of the law to ensure your rights are protected.

DWI – Driving while intoxicated, or driving while impaired. Like DUI, DWI this can refer to driving while intoxicated or impaired as the result of either drinking alcohol or taking drugs, or both. This is the second most widely used acronym for drunk driving cases. Like DUI, the question of how to define being intoxicated or impaired is at the heart of a drunk driving case in jurisdictions that use DWI. It is critical to consult with a DWI lawyer in your area that understands these sophisticated issues.

DWUI – Driving while under the influence is a phrase that is infrequently used to refer to drunk driving cases. When this acronym is used, it refers to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of alcohol and drugs.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Enhancements – Those factors that can operate to increase the punishment in a drunk driving, DUI, DWI, OUI, OWI, or related driving under the influence case. These enhancements may include driving above a certain speed while DUI, having minors in the car while drunk driving, having a BAC above a certain level (.20%, for example), refusing to take a chemical test after being arrested for DUI, being involved in a traffic accident while DUI or DWI, or having prior convictions for DUI, DWI, or a related drunk driving offense.

Epileptic Nystagmus – Nystagmus evident during an epileptic seizure.

Extrapolation – The method of computing BAC at a given time using physical characteristics of the drinker, the quantity of alcohol consumed, the period of time over which alcohol is consumed, and when the alcohol was last consumed.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Field Sobriety Test (FST) – Any number of tests used by law enforcement officers, usually on the side of the road or highway, to determine whether a driver is impaired. Most FSTs test balance, coordination and the ability of the driver to divide his or her attention among several tasks as once. Other tests, such as the horizontal gaze nystagmus test, are used to measure a subject’s impairment level.

Felony drunk driving – Under certain circumstances the misdemeanor offense of driving under the influence of alcohol will be treated as a felony, such as when drunk driving results in great bodily harm or death or where the accused has three or more prior DUI convictions. Note that certain related charges, such as “wet reckless” driving may count as a prior DUI conviction for this purpose.

Fixation – Ability of the eye to focus on one point.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Gaze Nystagmus – Nystagmus that occurs when the eyes gaze or fixate upon an object or image. Usually caused by a disruption of the nervous system.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Horizontal Gaze Nystagmus (HGN) – Gaze nystagmus that occurs when the eyes gaze or move to the side along a horizontal plane.

High BAC – Threshold blood alcohol content for which maximum penalties and fines may apply, even on a first offense. In California, the court may consider a BAC of .20% as a special factor in imposing enhanced sanctions and determining whether to grant probation, and may give high BAC “heightened consideration” in ordering an ignition interlock device for up to three years. In counties with licensed alcohol education/counseling programs, offenders placed on probation with high BAC must participate in a program for at least six months vs. three months.

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Impairment or Intoxication – Those states that refer to Driving While Intoxicated (DWI) or Driving While Impaired (DWI) usually have definitions that are similar to being under the influence. Each state has a different standard, so it is extremely important to contact a drunk driving lawyer in the state where you were arrested.

Ignition Interlock Device – Located inside a vehicle and near the driver’s seat, an ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a breath alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is connected to the engine’s ignition system. Many states require that the device be used by those convicted of driving under the influence (DUI).

DUI Dictionary

Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:

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Jerk Nystagmus – Nystagmus where the eye drifts slowly away from a point of focus and then quickly corrects itself with a saccadic movement back to the point of focus.