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DUI Glossary

Last Updated on June 19, 2024 by DALA Guest Author

Navigating the complexities of DUI laws can be overwhelming. The DUI Glossary on the DUI Attorneys of Los Angeles website serves as a comprehensive resource, offering clear definitions and explanations of key terms and legal concepts involved in DUI cases. Whether you’re seeking to understand specific legal terminology or need a clearer perspective on what a DUI charge entails, this glossary is designed to provide valuable insights and enhance your understanding of DUI proceedings.

A

  • Attorney : A lawyer who will represent any person charged under the DUI offense.
  • Administrative Review Hearing : Any motorist who is arrested in Florida has only 10 days to request the Administrative Review Hearing, which decides whether he can retain his driving privileges. This is also known as the ‘10day’ rule.
  • Alcohol tolerance : As a result of chronic heavy drinking, a person’s response to the functional effects of ethanol in alcoholic beverages is decreased. This is called as alcohol tolerance. Such people drink more to achieve the same effects as before tolerance. The increased alcohol tolerance is a sign of increase in dependency on alcohol.
  • Alcohol dehydrogenates : These are a group of enzymes which are responsible for the break down of alcohol in the river and blood. If the alcohol dehydrogenates is high, then ethanol’s transformation to the more toxic acetaldehyde is faster.
  • Alcohol flush reaction : This is a condition in which the ingested alcohol cannot be broken down completely by the body.
  • Alcohol : In general teams, alcohol refers to ethanol or any other alcoholic beverage. Ethanol is obtained by the fermentation of sugars. In chemical terms, alcohol includes all organic compounds’ in which a hydroxyl group is bound to a carbon atom of an alkyl or substituted alkyl group.
  • Alcoholic Beverage : Any drink that contains ethanol is called an alcoholic beverage. Ethanol has a depressant effect and it is a psychoactive drug. Many countries regulate and restrict the sale and consumption of ethanol.

B

  • BAC : BAC or Blood Alcohol content is the measure of concentration of alcohol in the blood. It is measured usually as mass per volume. The BAC does not depend only on the number of drinks consumed but also depends on the individual alcohol tolerance and physiology variations. Roughly, around two drinks (i.e. around 20 granges) of alcohol will increase an ordinary persons BAC by around 0.05%. BAC is mostly measured in hospital laboratory.
  • Breathalyzer : The breathalyzer is a device that measures the BAC from a breath sample. This is only an indirect measure of the BAC as the device only indicates the amount of alcohol in breath.
  • Blood Alcohol Concentration (BAC): The percentage of alcohol in a person’s bloodstream used to determine intoxication level in DUI cases.

D

  • DUI : DUI or driving under influence refers to the condition wherein a person drives after the consumption of alcohol and other intoxicating substances.
  • DWI : DWI or driving while intoxicated is a condition wherein a person drives a vehicle while he is intoxicated with alcohol or other intoxicating substances.
  • DUI Attorney : a DUI Attorney is a lawyer who is a specialist in DUI cases.
  • DUI Law : The legal framework, conditions and penalties that govern DUI is called as the DUI law and it differs between states.
  • DUI Expungement: The legal process to seal or erase a DUI conviction from a person’s record under specific conditions.
  • Deferred Prosecution: A program that allows postponement of prosecution in exchange for the defendant completing requirements like treatment programs, potentially leading to charge dismissal.

E

  • Erythema : This is a condition in which the face, neck and shoulder of a person reddens after consumption of alcohol. This is caused by the dilation of capillaries and pushing or brushing occurs.
  • Ethanol : Ethanol or ethyl alcohol is a psychoactive drug. If has a depressant effect and the scale and use of it is regulated in most countries.
  • Extreme DUI : Normally, any common man would find it difficult to consume enough alcohol to make his BAC limit exceed 0.15% to 0.20%. This is because he would end up vomiting first. So, a person who has alcohol content of this quantity in his blood is seriously drunk. He seems to appear ‘proper’ only because his constant drinking habits have made him resistant to alcohol.Nearly, more than 67% of the road accidents that result in an alcohol related fatality were caused by people who had a BAC limit exceeding 0.15%. Thus, drivers with extreme DUI are labeled as ‘dangerous’- not only to themselves but also to all the others who innocently share the road along with them.

F

  • Fuel cell : An electrochemical energy conversion device is fuel cell. It produces electricity in the presence of an electrolyte. Electrochemical fuel cell technology is used by desktop analyzers to compute the BAC level.
  • Field sobriety test : whenever a law enforcement officer suspects a motorist of driving under DUI / DWI, they conduct certain tests that are known as field sobriety tests to determine if the motorist is drunk or not. Most of them use hand held breath analyzer devices and other such devices to test the same.
  • Felony : Anyone who is constantly booked under DUI cases is known as felony.

I

  • Infrared spectroscopy (I R spectroscopy) is the child of spectroscopy that deals with the infrared region of the electromagnetic spectrum. Just like the other spectroscopic techniques, this is also used to find compounds or investigate the composition of samples. It is used to estimate the BAC limit.
  • Ignition Interlock Device (IID): A device that requires a breath sample before it allows a vehicle to start, preventing operation if alcohol is detected.
  • Implied Consent Law: A law that deems any driver has consented to chemical testing for intoxication by operating a vehicle.

L

  • Lookback Period: The time frame in which previous DUIs are considered for sentencing in subsequent DUI offenses.

O

  • Open Container Law: Laws prohibiting open alcohol containers in the passenger area of a vehicle.

P

  • PBT : PBT or Preliminary Breath Test is a field sobriety test performed to analyze if a motorist is performing DUI/DWI.
  • PAS : PAS or Preliminary Alcohol Screening is done to screen and find out if the motorist is drunk or not. It is conducted by the law enforcement officers.
  • POA testing : This testing is an abbreviation of the term Point of Arrest testing. It refers to the tests conducted to preliminarily screen if a person is drunk or not.

R

  • Reverse Tolerance : When a person consumes alcohol for a very long time, reverse tolerance occurs. In this condition, the liver is completely damaged by buildup of fat and scar tissue. Since the faculties of the liver are reduced, even a small glass of alcohol can shoot up the BAC level and intoxication in such people.

S

  • Sobriety Checkpoint: Locations where law enforcement checks drivers for intoxication.

W

  • Wet Reckless: A plea bargain where a DUI charge is reduced to reckless driving involving alcohol, typically with fewer penalties.

Z

  • Zero Tolerance Law : The Secretary of State, Jesse White, has decided to address this serious issue though the “Use it & lose it” Zero tolerance law. The penalties for this law apply to anyone who is below the age of 21 and who has any trace of alcohol in their system.The’ use it & lose it’ penalties may seem quite harsh to many but they are only for the betterment of society. The various penalties under this are listed below.
  • First offense : If the BAC of the underage offender is more than .00, he will have to face a 3 month suspension of driver’s license. If he refuses to undergo the testing or to submit to complete tests, then he or she will face a 6 month suspension.
  • Second offense : It is a huge mistake if an underage person commits the DUI offense again. Therefore, he will face a one year suspension of driver’s license if he has a BAC greater than 00, If the person refuses to submit to fails to complete testing, the punishment may rise to a 2 year suspension of driver’s license.
  • Commercial Driver : The Zero tolerance law applies not only to underage offenders but also to commercial drivers. Thus, if any commercial driver has a BAC of above 0.00, then his commercial driver’s license will be suspended and disqualified for one year if he is a first offender. If he is a second offender, then he will have to face a lifetime disqualification of his am menial driver’s license (CDL).
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