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January 07, 2010
Drunk-Driving
             
 
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DUI/DWI Terms and Definitions

 
 

B.A.C.
B.A.C. is an acronym for Blood Alcohol Concentration. The most definitive way to test for B.A.C. is to test blood. The most common testing method is to take samples of breath (most usually in New Jersey with a “Breathalyzer”). The alcohol in the breath is mathematically converted to a blood alcohol reading.

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.

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.

Field Sobriety Tests
Field Sobriety Tests sometimes referred to by the acronym FSTs, are tests administered by the police to purportedly assess intoxication.

Zero Tolerance Policy
Prohibition of drinking for those under the age of 21

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%.

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.”

Drunk driving penalties
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days. Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.

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

Sleep Deprivation
Drowsy driving is greatly under reported because there is no test for it, as there is for intoxication, no clear way to identify it, and many states don't even have a code for it on their vehicle accident reporting forms.


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Did You Know?    
 
 
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.

 


  Newsroom  
 


News about DUI & Drunk Driving cases in San Francisco and nationwide:

DeFronzo to Be Honored by Mothers Against Drunk Driving
Following a session in which he championed the recently signed "Steven's Law," a law strengthening Connecticut's drunk driving laws and named for a...
Read more >


Ralph Hingson Joins NIAAA
National Institute on Alcohol Abuse and Alcoholism (NIAAA) Director Ting-Kai Li, M.D., announced...
Read more >


McGreevey Strengthens Law to Detain Drunk Drivers
(CAMDEN)—As part of a series of efforts to keep families and their children safe, Governor James E. McGreevey today signed Senate Bill S-1868, whic...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

OUI

Definition:
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.

Alcoholism

Definition:
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.”

Reasonable suspicion

Definition:
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.

More Lawyers San Francisco.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 >

San Francisco 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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