Legal•Info

DWI / DUI Common Terms And Definitions Relating To DWI / DUI

Call (888) 473-4174 to speak with a DUI attorney.

DWI and DUI refer to driving while intoxicated and driving under the influence. DWI typically refers to intoxication due to alcohol, whereas, DUI can refer to a variety of different drugs, including marijuana, cocaine, heroin, ecstasy and other judgment impairing substances used by themselves or in conjunction with alcohol. Here, we discuss the common terms and definitions associated with DWI and DUI.

Breathalyzer is a term that you may have heard frequently when discussing a DUI or a DWI case. This is a test that is usually administered when the driver is pulled over, at roadside. The driver blows into a device, and readings indicate the suspect's blood alcohol content level (BAC). If someone's blood alcohol content level is 0.08 or higher, then he or she is not considered fit to drive and can be arrested for DWI.

DUI Schools offer courses that most people convicted of driving under the influence are required to take. The judge or jury responsible for deciding the case can make this recommendation if it suits the circumstances. Suspects may also be ordered to take defensive driving courses as well, particularly if an extensive amount of damage is done. These are courses that are designed for people whom have been convicted of driving while under the influence of drugs or alcohol. They are designed to show them the effects of drugs and alcohol in regards to their driving. However, if this is not a first offense, suspects are likely to face more incriminating charges that lead to jail time.

An administrative license suspension is another common term relating to DUI and DWI. When a person's driving privileges are revoked by the court, a license suspension has been issued. After a breathalyzer test, if the subject blows a BAC over the legal limit after being pulled over, then his or her license can be suspended, even before they are formally charged with the offense. This can also happen if the person refuses to take a blood, urine or breathalyzer test after being pulled over. You are not obligated to submit to roadside testing and have the right to contact a lawyer before doing so. However, once you are taken in by police officers, you are given an additional opportunity to submit to testing. If you still refuse to do so, officials have the right to automatically suspend your license. There are two reasons why a person may choose to refuse alcohol or drug testing. First, without sufficient data from tests, prosecutors must rely only on observations as evidence in court. A case can be thrown out of court if a police officer neglected to inform the subject of his or her rights or did not explain why the subject was pulled over. Second, if the BAC tests were well over the legal limit, you may be subject to harsher fines and sentencing, information that cannot otherwise be proved without the tests. Your attorney may have a better chance of lowering your sentencing, particularly if it was a first time offense.

The ignition interlock device is a relatively new advancement, but has been proven to be quite successful at keeping repeat offenders off the roads. If someone has been convicted of a drunk driving offense, usually more than once, the judge might order that they have one of these devices installed in the person's car, at the individual's expense. In order for a person to drive his or her car, he or she must blow into this device, and if it reveals safe BAC levels, the car is accessible. If not, the car does not turn on, and a person must wait until he or she is sober.

Drunk driving kills thousands of people every year. Yet, people continue to commit this crime. Thankfully, legislation has tightened the reigns on laws involving reckless, drunk driving and the safety of victims. If you have been hit by a drunk driver or have suffered injuries as a result of an accident, you need to consult with a lawyer as soon as possible. There are law firms that specialize solely in cases that involve drunk drivers, and attorneys may be able to get you the settlement that you deserve. You should not be held responsible for paying the medical bills or costs of repairs for an accident that was not your fault. Contact an attorney today, and get that money back in your pocket.

DWI and DUI are acronyms that stand for driving while intoxicated and driving under the influence. Driving while intoxicated typically means driving after consuming alcohol, while driving under the influence can refer to a wide variety of drug use, including anything from marijuana to cocaine. State laws vary when it comes to driving after using drugs or consuming alcoholic beverages. But typically, you can be convicted of DWI if breathalyzer tests indicate a blood alcohol content level (BAC) of 0.08 or higher. Driving under the influence of drugs is generally detected based on physical conduct, chemical and blood testing, and erratic driving. There are many terms and definitions relating to DWI and DUI, which are explained below.

Field sobriety tests are used quite often by law enforcement personnel. These are typically conducted at roadside after the driver has been pulled over for suspicion of driving under the influence. There are a variety of different tests, including breath, urine, and blood testing. A suspect must undergo coordination and balance testing as well. He or she may ask a suspect to touch his or her nose, walk in a straight line, count backwards, and many others.

Reasonable doubt is another common term when speaking of DUI and DWI cases, but the definition varies from state to state. In order for people to be convicted of this type of offense, it needs to be proven beyond a reasonable doubt that they were under the influence of drugs and/or alcohol at the time that they were pulled over. They must also be sure that these substances impaired the subject's judgment and ability to operate a motor vehicle safely. Prosecutors are responsible for proving this and use a variety of different techniques to do so. The first documents that they are likely to be examined are the police reports. This can provide them with an overview, from the time the car was pulled over to when the arrest was made, and also allows them to determine what behaviors were deemed suspicious. If there were any field sobriety tests conducted on the spot, then the prosecutor can have access to these results. Blood and urine tests can be used as evidence to convict one of DWI in court.

Restitution is term that is heard quite often. Instances of drunk driving and driving under the influence become much more complicated when it involves another driver. When drivers are convicted of this kind of negligent driving, not only must they face costs accumulated from damages to their own vehicles, but they may also be help accountable for restitution. Restitution refers to the expenses from the other driver, including costs to repair his or her vehicle, medical bills, lost wages, and emotional and physical distress. Aside from dealing with the charges one is likely to face from this incident, the individual must also decide how to pay for these additional costs. Moreover, the suspect's insurance provider may decide to terminate coverage, making transportation an issue as well.

Liability is a term used to describe the action of taking responsibility for illegal actions. Not only must a suspect deal with charges of DUI and DWI, but if a person was killed as a result, he or she could face unlawful death charges. If a person is held liable for someone's death as a result of careless driving, he or she could be facing prison time for an indefinite term. It is important to understand that when one chooses to consumer alcoholic beverages or uses drugs prior to driving a car, that person may be held liable for all incidents that are very likely to occur.

If you or someone that you know was hit by a drunk driver or suffered from a serious accident, you need to contact a lawyer immediately. You should not be held responsible for the costs caused by someone's poor judgment. There are law firms that specialize in protecting the rights of people who have been affected by drunk driving. Since they deal exclusively with this type of case, they are extremely knowledgeable in the details of DUI/DWI cases. Their knowledge and expertise can ensure you receive the best and most efficient settlement for your losses.