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January 30, 2012
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DUI/DWI Terms and Definitions

 
 

Alcoholism
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”

DUI
DUI is driving under the influence; it is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated.

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.

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).

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.

Administrative License Revocation (ALR)
Simply put, the DMV automatically revokes your license when you are arrested for DUI as part of its duty to regulate drivers’ licenses. (The court may also take your license, and may also fine or jail you.)

Public Intoxication
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

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.

Arraignment
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.

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.


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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 New York and nationwide:

AG Lynch Leads Effort To Strengthen RI's Drunk Driving Laws
 Rhode Island Governor Donald L. Carcieri signed legislation on Wednesday, July 5, 2006 eliminating a major loophole in the state's drunk driv...
Read more >


Hazelden and MADD Collaborate
Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students

Center City , ...

Read more >


New CDC Study Shows Stronger State Prevention Activities May Discourage Alcohol-Impaired Driving
Strong state activities designed to prevent driving under the influence (DUI) may reduce the incidence of drinking and driving, according to a new ...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Controlled Substances

Definition:
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."

DUI

Definition:
DUI is driving under the influence; it is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated.

Sleep Deprivation

Definition:
Drowsy driving is greatly under reported because there is no test for it, as there is for intoxication, no clear way to identify it, and many states don't even have a code for it on their vehicle accident reporting forms.

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DUI/DWI Resources

 


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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 >

New York Drunk-Driving Attorney

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

  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers
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