DUI Law: 10 Terms to Know

Being charged with a DUI means you will encounter a lot of legal terms you may not be familiar with. Being able to work with your DUI lawyer means you need to have an idea of what those terms mean. Here is a quick look at some of the most important terms associated with DUI law.

1. Field Sobriety Test: These are non-mechanical tests administered while still on the side of the road. A simple example of this is walking along a straight line while touching your nose. These tests are often mandatory, though the National Highway Transportation Safety Association has made a standard model that police must follow. These tests are heavily relied upon as evidence in DUI cases.
2. Breathalyzer: Breathalyzers are the most common tool used for measuring the amount of alcohol in your system. Police checkpoints may require you to breathe into one of these devices. The device measures the alcohol on your breath and estimates a blood alcohol content based on that measurement. If you do not have a height and weight considered “average” then the results may be incorrect and can be challenged in court.
3. Blood Alcohol Content: BAC stands for blood alcohol content. This measures how much alcohol is in your system and is commonly measured with a breathalyzer. Commonly, the level at which driving becomes illegal is a BAC of 0.08%.
4. Probationary Period: A probationary period is the most common punishment for a DUI, especially if you were just above the legal limit and did not cause a crash. During this period, you will either be on a restricted driving license or you may not be able to drive at all. After the period ends, you are able to resume driving as normal. Every state has different laws about what the probationary period is.
5. Expungement: Expungement is the legal process of removing a DUI from your permanent record. This may be able to take place after your probationary period and can help in applying for jobs you would not be able to get with a DUI on your record.
6. Ignition Interlock Device: This is a machine that attaches to the ignition of your car. It acts as a breathalyzer and will not allow the car to start if your BAC is measured to be over a set limit. This device may be put into your car as a punishment for drunk driving charges.
7. Vehicular Homicide: If you hit and killed a person while under the influence then the court may charge you with vehicular homicide. The court claims vehicles as potentially dangerous weapons. This means that driving under the influence constitutes negligent behavior and can lead to the charge of homicide.
8. Property Liability: When you drive under the influence you will have property liability. This means that any damage you cause to property you will need to pay to fix. So, if you run into a mailbox while driving under the influence you will have to pay for that mailbox.
9. Zero Tolerance: Zero tolerance is used by states for drivers under the age of 21 who are found with alcohol in their system. These amounts are usually very low, around a BAC of 0.01%. The system has two functions, to punish drunk driving and to punish underage drinking as well.
10. Prosecutor: Typically a prosecutor in a legal case would be a person who is bringing the case against you. In a DUI case, the prosecutor will be the state. It is their job to prove that you were impaired at the time of your DUI arrest.