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February 27, 2010
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DUI/DWI Terms and Definitions

 
 

Breathalyzer
Breathalyzer is the trademark (of National Draeger, Inc. which acquired the Breathalyzer division from Smith and Wesson) for the most commonly used breath-testing device in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol reading.

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.

Child endangerment
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.

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.

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.

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.

DWI
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.

Excessive Drunkenness
A state of drunkenness in which a person is so far deprived of reason and understanding that he or she is incapable of understanding the character and consequences of an act.

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

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.


Contact a DUI Lawyer in North Carolina now!

 

 
Did You Know?    
 
 
Implied Consent is a factor in DUI for some states
Delaware has an "implied consent" law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense, in addition to the penalties for DUI.

 


  Newsroom  
 


News about DUI & Drunk Driving cases in North Carolina and nationwide:

ADL Welcomes Mel Gibson's Apology To The Jewish Community
New York, NY, August 1, 2006 … The Anti-Defamation League (ADL) today accepted actor Mel Gibson's apology for anti-Semitic remarks he made during a...
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Cops Office Releases Study On Drunk Driving
Washington, DC - In addition to alcohol impairment being the greatest factor in traffic fatalities, the number of deaths resulting from alcohol-rel...
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Hazelden and MADD Collaborate
Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students

Center City , ...

Read more >


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Drunk Driving Terms

 


Today's Terms

Boaters Intoxication

Definition:
Drinking While Boating Open containers are legal, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws

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.

Public Intoxication

Definition:
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

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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 >

North Carolina Drunk-Driving Attorney

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

  • Apex
  • Asheboro
  • Asheville
  • Burlington
  • Cary
  • Chapel Hill
  • Charlotte
  • Clayton
  • Concord
  • Durham
  • Elizabeth City
  • Fayetteville
  • Fort Bragg
  • Garner
  • Gastonia
  • Goldsboro
  • Greensboro
  • Greenville
  • Henderson
  • Hickory
  • High Point
  • Jacksonville
  • Kernersville
  • Lenoir
  • Lexington
  • Lincolnton
  • Lumberton
  • Matthews
  • Monroe
  • Morganton
  • Mount Airy
  • Raeford
  • Raleigh
  • Reidsville
  • Sanford
  • Statesville
  • Thomasville
  • Wake Forest
  • Wilmington
  • Wilson
  • Winston Salem
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