Dui/dwi Commonly Used Terms

When it comes to drunk driving, DUI attorneys have their own vocabulary and oftentimes these terms are misunderstood. It’s important to understand DUI (Driving Under the Influence)/DWI (Driving While Intoxicated) lingo and below is a list of the most common words:

Administrative License Revocation – this is known as a driver’s license suspension. It is administered by a state agency like the DMV (Department of Motor Vehicles).

Arraignment – this is a situation when the DUI offender is told the charges against him/her and is given the opportunity to enter a plea

BAC – Otherwise known as “Blood Alcohol Content”, the amount of alcohol in a person’s body

BAL – Otherwise known as “Blood Alcohol Level” or “Breath Alcohol Level”; Some states allow convictions based on a BAL versus having to convert to blood alcohol level, although blood alcohol tests are more accurate

Breathalyzer – A portable instrument used by law enforcement to measure the BAC (blood alcohol content) of a person who has been suspected of driving under the influence of alcohol

Burn Off – In regards to drinking and driving, this is the body’s ability to metabolize alcohol. How fast alcohol “burns off” and exits the body varies from person to person.

Chemical Test – this is a type of DUI test that determines the concentration of alcohol in a person’s blood

Enhancements – The circumstances in a drunk driving case that could increase the penalties of the DUI offender. Some of these circumstances may include, but are not limited to: driving under the influence with a minor in the vehicle, causing injury or death to another person, or previous DUI convictions

Extrapolation – This is a method of determining blood alcohol level by taking into account the driver’s weight, how old they are, how much alcohol was consumed over a given period of time, and when the driver had their last alcoholic drink.

Felony Drunk Driving – Most of the time drunk driving is treated as a misdemeanor case. However, in some cases like when a person is killed or the driver has had many prior convictions, it is viewed as a felony drunk driving case. The consequence could be a harsher sentence for the defendant.

Ignition Interlock – An instrument that is installed in an automobile which checks the driver’s blood alcohol level. The driver breathes into this instrument and if it detects alcohol above a certain amount, the automobile will not move or start.

Per Se Laws – laws that concede someone is guilty of drunk driving if his/her blood alcohol level is above the legal limit. For most states the legal limit is .08%.

Wet Reckless – A plea in a DUI case that could possibly result in a reduced charge, a lower fine, and no record for a DUI conviction. If the defendant is just over the BAC legal limit, there was no accident or damage caused, or doesn’t have any prior convictions, it is possible to enter a wet reckless plea.

Zero Tolerance – This is the allowable blood alcohol content (BAC) for minors.