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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License Revocation – A license revocation means that driving privileges have been cancelled. The offender will likely need to re-apply for a driver’s license after a designated length of time.

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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Motions – A Motion asks the court to do something. Drunk driving defense lawyers will usually file many motions with the court in defending a driver accused of DUI, DWI, OUI, OWI, or a related drunk driving offense. These motions may include discovery motions (to force the prosecutor to turn over evidence), motions to suppress evidence, motions to dismiss the case, and many others.

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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National Highway Traffic Safety Administration (NHTSA) – The agency within the United States Department of Transportation that administers traffic safety programs. NHTSA’s duties include funding studies on field sobriety tests and training law enforcement officers in the administration of the standardized field sobriety test battery.

Natural Nystagmus – Nystagmus that occurs without any apparent physiological, vestibular, or neurological disturbance. Natural nystagmus occurs in approximately 2%-4% of the population.

Neurological Nystagmus – Nystagmus caused by some disturbance in the nervous system.

Not Guilty – The verdict you hope to hear in your DUI, DWI, or drunk driving case after being represented by one of our well-qualified DUI defense lawyers.

Nystagmus – An involuntary bouncing or jerking of the eye caused by any number of vestibular, neurological or physiological disturbances.

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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Oculomotor – Movement of the eyeball.

Odor of alcohol on breath – The most dependably recurring symptom in an officer’s report after stopping someone for suspected drunk driving. While alcohol itself has little or no odor, the odor of the flavorings can be deceptive as to the strength or amount consumed.

OMVI – Operating a motor vehicle while intoxicated, or operating a motor vehicle while impaired. Intoxication or impairment may be caused by drinking alcohol, taking drugs, or a combination of alcohol and drugs in those states that use OMVI as an acronym for drunk driving.

One-Leg-Stand (OLS) Test – One of the three tests that make up the standardized field sobriety test battery. This test requires a subject to stand on one leg, look at his or her foot and count out loud until told to stop. The subject is assessed on the ability to understand and follow instructions as well as the ability to maintain balance in this position until told to stop.

Optokinetic Nystagmus – A nystagmus evident when an object that the eye fixates upon moves quickly out of sight or passes quickly through the field of vision, such as occurs when a subject watches utility poles pass by while in a moving car. Optokinetic nystagmus is also caused by watching alternating moving images, such as black and white spokes on a spinning wheel.

Oscillate – to move back and forth at a constant rate between two points.

OUI – Operating under the influence. Like the other acronyms, OUI can refer to operating a motor vehicle under the influence of alcohol, drugs, or both. Whether or not someone is under the influence is a complicated question, and many factors must be considered in making that determination.

OWI – Operating while intoxicated, or operating while impaired. Again, this intoxication or impairment may be as the result of consuming alcohol or any drug, or 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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PAS Test – Preliminary Alcohol Screening Test.

Pathological Disorder – Disruptions of the normal functions of organs of the body due to disease, illness, or damage.

Pendular Nystagmus – Nystagmus where the eye oscillates or swings equally in two directions.

Per Se Laws – Laws that declare it illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breath test. In most states, the per se limit is .08% or greater. Violating the per se law has nothing to do with one’s ability to drive a car safely; it is based solely on body chemistry. The only question is whether the driver was above the legal limit at the time of driving. NOTE: Since breath or blood testing always takes place after the time of driving, it does not directly answer the question of BAL at the time of driving. The alcohol level at the time of testing may be higher, lower, or the same, when compared to the time of driving.

Physiological Nystagmus – A nystagmus that occurs allowing light entering the eye to continually fall on non-fatigued cells on the retina. Physiological nystagmus is so slight that it cannot be detected without the aid of instruments, and it occurs in everyone.

Positional Alcohol Nystagmus (PAN) – Positional nystagmus when the foreign fluid is alcohol.

PAN I – The alcohol concentration is higher in the blood than in the vestibular system.

PAN II – The alcohol concentration is lower in the blood than in the vestibular system.

Positional Nystagmus – Nystagmus that occurs when a foreign fluid is in unequal concentrations between the blood and the fluid in the semicircular canals of the vestibular system.

Post-rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Post-rotational nystagmus lasts for only a few seconds after a person stops spinning.

Provisional (or Restricted) License – A provisional license typically denies certain driving privileges. For instance, in a DUI context, a person with a provisional driver’s license will only be allowed to drive to and from work.

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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Reasonable Doubt – This definition varies from state to state. Before someone may be found guilty of DUI or DWI, the jury (or judge in those states that do not allow a jury trial for drunk driving cases) must be convinced of the defendant’s guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction (long-lasting belief) in the truth of each and every element of the charges.

Resting Nystagmus – Nystagmus that occurs as both eyes are looking straight ahead.

Retrograde Extrapolation – This is the scientific term for the ability to look at someone’s alcohol level at the time of testing, and then look backwards to determine what the alcohol level was at the time of driving.

Reckless Driving – Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and similarly hazardous driving patterns. Reckless driving is one of several potential grounds for increased DUI penalties.

Rising Alcohol Defense – This defense is based on the fact that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving (sometimes long after); these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving (the critical time in a drunk driving case), the alcohol level would have been below the legal limit, even if it continued to rise until the time of testing.

Rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Rotational nystagmus occurs while the person is spinning.

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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Saccadic – Movement of the eye from one fixation point to another.

Sobriety Checkpoints – The practice of law enforcement agencies selecting a particular location for a particular time period and systematically stopping vehicles at pre-determined intervals (for example, every fifth car) to investigate drivers for possible DUI / DWI.

Smooth Pursuit – The eye’s course as it tracks a moving image.

Southern California Research Institute (SCRI) – A research organization that conducted the first two research studies that eventually produced the Standardized Field Sobriety Test battery. SCRI has conducted subsequent field sobriety test validation studies as well as drug recognition evaluation studies.

Standardized Field Sobriety Test (SFST) – A group of tests selected as the best field sobriety tests to increase the ability of law enforcement officers to detect driver impairment. The results of this battery, usually administered by the side of the road or highway, contributes extensively to a law enforcement officer’s decision to arrest a person for impaired driving.

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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Tolerance – As it relates to DUI / DWI, the ability of a person to adapt and maintain their behavior to disguise the effects of alcohol consumption.

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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Under the Influence – The precise definition used in court will vary from state to state; however, it will relate to the inability of the driver to operate a motor vehicle with the same caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. It is not necessary for someone to have an alcohol level that is above the legal limit to be under the influence. However, most states do allow a jury to infer or presume that if someone is above the legal limit at the time the test was taken, and if the test was given close in time to the time of driving (within two or three hours), that the driver is under the influence. The manner in which the vehicle is driven is relevant, but not usually determinative in and of itself.

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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Vehicle – Anything with a motor that is used for transfortation, such as a car, truck, motorcycle, snowmobile, dirt bike, dune buggy, or even a motorized wheelchair. A DUI, DWI or drunk driving conviction can also result from driving a bicycle, (CUI/CWI) or riding a horse. Driving a snowmobile, or even a motorized wheelchair, drunk driving charges also apply to aircraft (FUI/FWI), both commercial and private planes, and helipcopters, as well as watercraft (BUI/BWI) including boats, jet skis, and seados.

Vertical Nystagmus – Nystagmus that occurs when the eyes gaze or move upward along a vertical plane.

Vestibular System – The system of fluid-filled canals located in the inner ear that assists in balance, coordination and orientation.

Vestibular System Nystagmus – Nystagmus caused by a disturbance in the vestibular system.

Vehicle Impound/Immobilization – In California, if you are driving with a suspended or revoked license, the vehicle you are driving may be impounded for 30 days and possibly forfeited.

Voir Dire – Jury selection. In those states that allow a jury trial for drunk driving cases, either the lawyers or the judge (or both) will question potential jurors about their background and qualifications to sit as jurors in the case. This process is called voir dire, and is extremely important in defending a DUI, DWI, or related drunk driving case. Both the prosecution and the defense are entitled to fair and unbiased jurors in those states that allow jury trials in DUI, DWI, or drunk driving cases. Voir dire is the process by which the parties learn about the potential jurors, and determine whether or not the drunk driving case is the proper one for the potential juror to hear.