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8 Definitions
DUI: Driving While Under the Influence.
DWI: Driving While Intoxicated.
Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” Most states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. Most states have adopted 0.08% as the BAC limit state-wide.
Administrative Sanctions: Penalties imposed by the Department of Licensing. These sanctions are separate from district or municipal court penalties.
Alcohol Evaluation: An assessment conducted by a state-certified drug and alcohol treatment agency to evaluate the defendant's alcohol usage patterns, potential problems, and recommended treatment. Evaluation takes approximately one hour. Treatment may require one, eight hour class to two years ongoing treatment.
Arraignment: First court appearance after being arrested. The defendant appears before a judge to hear the charges brought against him/her, set bail if necessary, and conditions of release. The defendant enters a plea of not guilty or guilty.
BAC – Blood/Breath Alcohol Concentration: The percentage of alcohol in the breath or bloodstream. See BAC Guides for estimated percentages.
BAC Datamaster: Machine that measures BAC according to the amount of alcohol concentration on the breath.
BAC Refusal: Refusal to blow into the BAC Datamaster or take a bloodtest as requested by police officers.
Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers
Deferred Prosecution: Prosecution of the case is deferred for five years during which time the defendant receives intensive drug or alcohol treatment in a state-certified treatment program. Case is dismissed at the end of five years if program is successfully completed. Only one deferred prosecution is allowed in a lifetime. It also counts as a prior offense if subsequently charged with DUI.
Defendant: Person accused of a crime.
Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.
Commercial Vehicle: A vehicle driven for business purposes. In the DUI context, these are the consequences for driving a commercial vehicle while drunk.
Community Service: Depending on the offense, your state may offer community service as a way to work off fines. Community service may also be a mandatory part of your sentencing.
Conditional License: A conditional license is a license granted “on condition” of something, such as completing a DUI course or alcohol treatment program. Once that “condition” has been met, a standard license is generally issued or reinstated.
Driver Responsibility Tax: Some states charge those convicted of a DUI with an extra tax on top of fines and court costs. This usually consists of a tax that is payable to the state for three years after the incident occurred (e.g.: $250 per year for three years). In most cases, failure to pay the yearly assessment on time results in license suspension.
DUI School: DUI schools are typically drug and alcohol education programs designed to help you realize how dangerous drinking and driving is and to hopefully ensure you are not a repeat offender. Your state will likely have a list of approved schools for you to choose from.
Electronic Home Monitoring (EHM): An alternative to jail time where by the defendant serves his/her jail time at home. This is monitored electronically usually through an ankle bracelet.
Gross Misdemeanor: Class of crime where if convicted, sentence can be no more than one year and fine no more than $5000. All DUIs are gross misdemeanors.
Ignition Interlock Device: An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine's ignition system. Many states require that the device be used by those convicted of DUI.
Implied Consent Laws: Some states have implied consent laws. If you have a driver’s license in one of these states, you have, by implication, consented to being pulled over by a police officer to have your blood alcohol concentration measured. In many states, you may refuse to take the test, but fines and license suspensions may be the result.
License Revocation: A license revocation means your driving privileges have been cancelled. You will likely need to reapply for a driver's license after a designated length of time.
License Suspension: Administrative sanction whereby drivers' license is taken away. To get license back, defendant must show proof of SR22 insurance (high-risk insurance), and pay $150 reissue fee. (Same as license revocation, however, do not have to retake drivers' test).
Motions Hearing: A hearing before the trial where legal issues are disputed. Typically, the defense will try to keep out evidence such as BAC datamaster test, field sobriety tests or defendant's statements.
Plea Bargain/Agreement: The defendant enters into an agreement that, by entering a plea to the charge or a lesser offense, the prosecutor will move for: dismissal of other charges or counts, recommend a particular sentence, agree to file a particular charge, agree not to file other charges or make other agreement with the defendant.
Pretrial Hearing: A hearing after arraignment and before the trial. The attorneys tell the court what motions they will be bringing and often negotiate plea bargains at this time. The case is either set for trial or a plea is entered. Often there is more than one pretrial hearing.
Readiness Hearing: After the pretrial and before the trial. Attorneys tell the court that they are ready for trial and set the trial date. Often additional negotiations are done at the readiness hearing.
Trial: Six person jury or one person judge decides whether defendant is guilty or not guilty. DUI cases usually take between 1 and 3 days.
Victim's Panel: Two hour class taught by DUI victims to relate their experience to people who have been charged or convicted of a DUI or alcohol related offense. ^back to top
Open Container Laws: In some states, it is illegal to have an open container of alcohol in your vehicle. Many states have laws that make it illegal for drivers and passengers to have open containers in the vehicle.
Probation: When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer. Jail time may be reinstated if it is found the terms of probation are being violated.
Provisional (or Restricted) License: A provisional license typically withholds certain license privileges. In a DUI context, a provisional license might be granted to someone to drive to and from work only.
Sobriety Checkpoints: A system where law enforcement agencies select a particular location for a particular time period and systematically stop vehicles (for example, every third car) to investigate drivers for possible DWI. If any evidence of intoxication is noted, a detailed investigation ensues.
Vehicle Impound/Immobilization: Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away.
Zero Tolerance BAC: Allowable blood alcohol content for minors (as defined by the state). This percentage can be as low as 0% (meaning no alcohol content may be detected-hence the term “zero tolerance.”) or as high as 0.02%.
Alcohol: Also known by its scientific name “ethanol”, alcohol is a colorless, volatile, and pungent solvent in liquid form found in fermented liquors such as beer, wine, wine coolers, champagne, and liquors. It is a depressant to the central nervous system when ingested. If ingested in large amounts, coma or death will occur.
Alcohol Abuse: A pattern of problem drinking that results in adverse health consequences, negative social problems or interactions, or both. Consumption of alcohol can lead to criminal problems whenever the person consuming alcohol violates the laws relating to the most common intoxicant. Crimes such as public drunkenness, underage possession of alcohol, drunk driving, hunting while intoxicated result in more arrests each year than any other substance-based crime.
Alcoholism: A primary, chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations.
Binge Drinking: A social phenomenon defined by alcohol abuse experts as “consumption of five or more drinks on a single occasion”. This quantity is approximately the amount of alcohol needed to raise the average sized person's blood alcohol concentration to about 0.10%. To the lay person, the term “binge drinking” is associated with young adults or teens slamming down an excessive number of alcoholic beverages over a short time period, possibly resulting in brain damage, respiratory failure or death.
Cirrhosis: A serious, life-threatening liver disease, and probably the most recognized medical complication of chronic alcoholism. It is a grave and irreversible condition characterized by a progressive replacement of healthy liver tissue with scars, which can lead to liver failure and death.
Enabler: A person (often a relative, spouse or life partner) who, without malicious intent, helps to support the abusive behavior of the person who uses alcohol or drugs. An example of an enabler would be someone who tries to shield the user from the full consequences of their antisocial or illegal behavior.
Fetal Alcohol Syndrome (FAS): An irreversible medical condition associated with excessive consumption of alcohol by a pregnant woman. The “fetal alcohol syndrome” child is born with low birth weight, noticeable facial deformities (typically, an undeveloped nose and eyes closely set) as well as other developmental deficiencies. Low brain function is the norm for these children. With severe cases, the child dies within a few years of birth, due to abnormalities caused by the birth mother’s excessive use of alcohol.
Intoxication: A condition of diminished mental (and physical) capacity that occurs when the brain is exposed to alcohol (or other psychoactive drugs, substances or plant material) resulting in temporary changes in mood, judgment, cognitive functioning, motor functioning, and behavior. In general, an intoxicated person is said to have slower, depressed mental acuity as a result of ingesting (or otherwise taking into the person’s system) an inhalant, beverage or intravenous that has impairing substances in it.
Wine Coolers: also known as "wine foolers," are mixtures of wine and fruit juice, based upon the "Sangria" punches that were popular in Europe. These pre-mixed punches are about 1.5 times more potent---ounce for ounce---than the typical American beer. Because they taste so good, the person drinking them may not appreciate how much of the beverage has been consumed. Fortified wines are fermented wine beverages that have been “spiked” with additional ethanol (alcohol) to create a more potent beverage (higher proof and higher alcohol content).
Driver License Penalties
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8 FAQs
Legally, just what is "drunk driving?"
A drunk driving offense, sometimes called driving while intoxicated DWI or driving under the influence DUI, really has three general meanings:
(1) Driving with any amount of alcohol in your system which causes your physical abilities to be impaired in any way.
(2) Driving with a level of alcohol in your system which amounts to a measurement of.08 of blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your physical abilities is necessary. You may well be the world's most talented, careful and safest driver, but if your blood alcohol content registers .08 or above you are guilty of a criminal offense.
(3) Driving with drugs in your system or with a combination of drugs and alcohol, no matter what the amounts of those substances may be, where your physical abilities have become impaired in any way.
It does not matter if the drugs are legal , over the counter medications like antihistamines, nor does it matter if you have a prescription to take the drugs. If you are impaired as a result of taking them, then you are guilty of a criminal offense.
What amount of alcohol do I need to drink to have a blood alcohol content of .08 or higher?
Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration:
120 lbs: one drink in one hour -- .032
two drinks in one hour -- .064
three drinks in one hour -- .096
180 lbs: one drink in one hour -- .021
two drinks in one hour -- .042
three drinks in one hour -- .063
four drinks in one hour -- .084
What Happens When You Get Stopped for Drunk Driving?
If you are stopped, always be courteous and cooperative with the officer even if you are 100% clean of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking job and the "attitude" you show to the officer can often make all the difference as to whether or not the encounter will be an unpleasant one for you. Getting stopped for drunk driving (commonly referred to as “dwi” – driving while intoxicated or “dui” – driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. However, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20.
What kind of reason does a police officer or highway patrolman need to have in order to stop me to investigate whether or not I am driving under the influence?
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. These checkpoints do not require the officer to observe anything suspicious about a person before stopping and investigating someone.
What will happen if the officer who pulls me over suspects that I have been driving under the influence?
The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and they include:
(1) Reciting the alphabet from A to Z;
(2) Closing your eyes and bringing both index fingers together;
(3) Walking along a straight line;
(4) Standing on one foot for a few seconds;
(5) Picking up a coin dropped on the ground;
In addition to these tests, some officers typically have certain field sobriety testing devices which they use. One such device is a breath meter which you blow into. Another is a light to shine in your eyes in order to test your pupil reaction. It is very important that if you suffer from any chronic physical problems, such as difficulty with your balance, problems walking or with your legs or feet, that you inform the officer of these things before you go through the field sobriety tests.
What is a blood alcohol test?
This is a physical procedure to determine how much alcohol you actually have in your system. There are three ways of doing this test:
(1) Drawing a sample of blood from your arm;
(2) Obtaining a urine sample;
(3) Obtaining a breath sample by having you blow into a machine called a breathalyzer; (This is different from the field sobriety breath device described above.
The breathalyzer is much more sophisticated and exact.
You have the choice of which one of these three tests you will take. The only time your ability to choose which test you take can legally be restricted is if you are in a locality that simply does not have a breathalyzer. The officer is required to tell you that the option as to which test you take is up to you. But quite often officers will try to pressure or browbeat a person into taking the blood test because this is the most effective procedure for the prosecution to use against a person in court. You do not have the right to refuse to take any test. Legally, the officer could hold you down and forcibly draw a blood sample from your veins. In practice this rarely happens except where an accident is involved which caused death or serious bodily injury. Instead, if you refuse to take a test, your driver's license is automatically suspended for one year. Also, in your trial, the jury will be told that you refused to take the test and the judge will instruct the jury that they can consider your refusal as evidence of your guilt.
What happens next?
If you refuse the test or are found to have a BAC over the state limit, chances are you’ll be taken into custody and brought to a police station where you’ll be held until someone can pick you up. In addition, your license may be temporarily suspended and your vehicle may be impounded for a period of time after the incident.
What happens if the officer believes that I have not performed the field sobriety tests satisfactorily?
At that point you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested is, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only make the experience even more unpleasant for you.
Do you have to be "drunk" to be guilty of drunk driving?
No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death which drinking drivers inflict has changed the laws against drunk driving radically and made them much more severe. So the criminal laws against drinking and driving now mean operating a vehicle with considerably less alcohol in your system than what we customarily recognize as being enough to make a person drunk.
You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties.
Going to court.
Aside from a possible administrative hearing that reviews the circumstances surrounding your arrest, you must generally go to court where a judge will decide your fate. In many cases, it is strictly based on your blood alcohol level or refusal to submit to a breath test.
Drunk driving is a serious offense, and calls for a serious DUI attorney. If you are convicted of driving under the influence of drugs or alcohol, you may be subject to a wide range of criminal penalties, civil liability, and other consequences, including:
impose fines (and some add on an additional driver responsibility tax)
suspend or revoke your license
require participation in a drunk driver education program
add points to your license (and your insurance will most likely increase)
require community service work
put you on parole
In addition, some judges may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle.
Getting your license back.
Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship. More than one arrest. Nearly all states have laws that impose higher penalties and fines if you’ve already been convicted of drunk driving within the last the last 5 to 10 years.
What to do?
Make sure you know your state’s law on drunk driving and hire a lawyer to assist you through the process. Mr. Stephen's aggressive defense and thorough knowledge of the state's laws will ensure that your case will follow its due process.
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Law office of Mark R. Stephens
Telephone: 425-252-0573
mark@markstephenslaw.com
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