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July 20, 2010
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DUI/DWI Terms and Definitions

 
 

Legal State Limits
Laws for DWI and DUI vary from state-to-state. There is a chart listing state blood alcohol limits, license suspension, ignition interlock and forfeiture penalties.

DUI
DUI is driving under the influence; it is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated.

Ignition Interlock Devices
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.

Public Intoxication
Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor

Horizontal Gaze Nystagmus (HGN)
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.

Alcoholism
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”

OUI
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.

Vehicular Homicide
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

Administrative License Revocation (ALR)
Simply put, the DMV automatically revokes your license when you are arrested for DUI as part of its duty to regulate drivers’ licenses. (The court may also take your license, and may also fine or jail you.)

Reasonable suspicion
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.


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Did You Know?    
 
 
Aggravated Vehicular Homicide (while driving intoxicated)
One state defines this as Class A Felony If any of the following conditions are present: Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination One prior Vehicular Homicide A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense

 


  Newsroom  
 


News about DUI & Drunk Driving cases in California and nationwide:

AG Lynch Leads Effort To Strengthen RI's Drunk Driving Laws
 Rhode Island Governor Donald L. Carcieri signed legislation on Wednesday, July 5, 2006 eliminating a major loophole in the state's drunk driv...
Read more >


Bill Signed To Combat Underage Drinking And Drunk Driving
In his capacity as Acting Governor, Lt. Governor Aiona signed into law, H.B. 2639, H.B. 3242 and S.B. 702 as part of the Lingle-Aiona Administratio...
Read more >


Hazelden and MADD Collaborate
Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students

Center City , ...

Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Failed Sobriety Test

Definition:
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.

Impairment

Definition:
Well known is the fact that the consumption of alcohol can cause impairment. Perhaps less recognized is that fact that impairment rises gradually at lower levels but dramatically at higher levels of blood alcohol concentration (BAC).

DWI

Definition:
Driving while intoxicated is the offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough to raise one’s blood alcohol content above the statutory limit, or after consuming drugs. Penalties for this offense vary widely.

More Drunk Driving Lawyers.com Terms >

 

DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

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DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

More DUI/DWI Topics >

California Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Antioch
  • Bell
  • Hawthorne
  • Long Beach
  • Los Angeles
  • Norwalk
  • Oceanside
  • Pacoima
  • Santa Ana
  • South Gate
  • Norwalk
  • Oceanside
  • Oxnard
  • Pacoima
  • Pittsburg
  • Santa Ana
  • South Gate
  • Sylmar
  • Watsonville
  • Westminster
  • Fremont
  • Fresno
  • Hawthorne
  • Hayward
  • Hesperia
  • Huntington Beach
  • Huntington Park
  • Indio
  • La Habra
  • La Puente
  • Laguna Niguel
  • Lake Forest
  • Lancaster
  • Livermore
  • Long Beach
  • Los Angeles
  • Lynwood
  • Merced
  • Milpitas
  • Montebello
  • Moreno Valley
  • Napa
  • North Hollywood
  • Norwalk
  • Oceanside
  • Ontario
  • Oxnard
  • Pacoima
  • Palmdale
  • Panorama City
  • Pico Rivera
  • Pittsburg
  • Pomona
  • Porterville
  • Reseda
  • Rialto
  • Riverside
  • Rosemead
  • Sacramento
  • Salinas
  • San Diego
  • San Francisco
  • San Jose
  • San Pedro
  • Santa Ana
  • Simi Valley
  • South Gate
  • South San Francisco
  • Sylmar
  • Tulare
  • Union City
  • Vacaville
  • Victorville
  • Vista
  • Watsonville
  • Westminster
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