DUI/DWI Terms and Definitions

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.

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.

Controlled Substances
Health and other public concerns have generated detailed Federal and state regulation of the sale and possession of alcoholic beverages, tobacco products, and a wide range of other "controlled substances."

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.

Impairment
Well known is the fact that the consumption of alcohol can cause impairment. Perhaps less recognized is that fact that impairment rises gradually at lower levels but dramatically at higher levels of blood alcohol concentration (BAC).

Failed Sobriety Test
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.

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.

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.

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.

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.