Understanding the legal terms and jargon related to DUI (Driving Under the Influence) charges can be challenging. Our comprehensive DUI glossary is here to help you navigate the complexities of DUI cases by providing clear, concise definitions of the most commonly used terms.
DUI Glossary Index
Administrative License Suspension (ALS)
A pre-conviction suspension of a driver’s license by the Department of Motor Vehicles (DMV) or equivalent authority, typically imposed when a driver fails or refuses a chemical test. This suspension is separate from any criminal penalties imposed for a DUI conviction.
Alcohol Education Program
A court-mandated program that DUI offenders must complete as part of their sentencing. These programs typically include classes on the dangers of alcohol and drug use, the legal consequences of impaired driving, and strategies for responsible behavior.
Alcoholics Anonymous (AA)
A voluntary fellowship of individuals who meet to discuss and support each other in their efforts to stop drinking alcohol. DUI offenders may be required to attend AA meetings as part of their rehabilitation or probation.
Arraignment
The first formal court proceeding in a DUI case, where the defendant is formally charged and asked to enter a plea of guilty, not guilty, or no contest.
Blood Alcohol Content (BAC)
The percentage of alcohol in a person’s bloodstream. In most states, a BAC of 0.08% or higher is considered legally impaired and can result in a DUI charge.
Blood Test
A chemical test that involves taking a blood sample to determine a driver’s BAC. Blood tests are considered more accurate than breath tests but are also more invasive.
Breathalyzer
A device used by law enforcement to measure a person’s BAC by analyzing a breath sample. Breathalyzer results are often used as evidence in DUI cases.
Chemical Test Refusal
When a driver refuses to submit to a chemical test (breath, blood, or urine) after being suspected of DUI. Refusal can result in additional penalties, including license suspension.
Conditional License
A restricted license granted to individuals whose driving privileges have been suspended or revoked, allowing them to drive under specific conditions, such as only to work, school, or DUI programs.
Deferred Adjudication
A type of plea deal in which the defendant pleads guilty or no contest to a DUI charge, but the judgment is deferred or postponed. If the defendant meets certain conditions, such as completing a DUI program, the charge may be dismissed.
Deposition
A sworn out-of-court testimony given by a witness in a DUI case. Depositions are used to gather information and evidence before a trial begins.
Driver’s License Revocation
The permanent withdrawal of a driver’s license, often following multiple DUI convictions or severe offenses. Unlike a suspension, revocation requires the individual to reapply for a license after the revocation period ends, if eligible.
Driving Under the Influence (DUI)
The criminal offense of operating a vehicle while impaired by alcohol, drugs, or both. DUI laws vary by state but generally include severe penalties such as fines, license suspension, and jail time.
Driving While Intoxicated (DWI)
Another term for DUI used in some states. It refers to operating a vehicle while impaired by alcohol or drugs, with similar legal consequences as DUI.
Drug Recognition Expert (DRE)
A law enforcement officer specially trained to recognize impairment in drivers under the influence of drugs other than or in addition to alcohol. DREs conduct evaluations to determine the cause of a driver’s impairment.
DUI (Driving Under the Influence)
The criminal offense of operating a vehicle while impaired by alcohol, drugs, or both. DUI laws vary by state but generally include severe penalties such as fines, license suspension, and jail time.
DUI School
A court-ordered educational program that individuals convicted of DUI must attend. These programs are designed to educate offenders about the dangers of impaired driving and prevent future offenses.
Field Sobriety Test (FST)
A series of physical and cognitive tests administered by law enforcement officers to determine if a driver is impaired. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test.
Felony DUI
A DUI offense that is classified as a felony, typically due to factors such as multiple prior DUI convictions, causing serious injury or death while driving under the influence, or driving with a suspended or revoked license.
Horizontal Gaze Nystagmus (HGN) Test
A field sobriety test in which an officer observes the driver’s eyes as they follow a moving object, such as a pen. The test checks for involuntary jerking of the eyes, which can indicate impairment by alcohol or drugs.
Ignition Interlock Device (IID)
A breathalyzer device installed in a vehicle that requires the driver to provide a breath sample before the engine can start. IIDs are often required for individuals convicted of DUI to regain their driving privileges.
Implied Consent Law
A legal principle stating that by obtaining a driver’s license, a person implicitly agrees to submit to chemical tests if suspected of DUI. Refusal to comply can lead to automatic penalties, such as license suspension.
Interlock Restricted License
A type of driver’s license issued to individuals required to use an Ignition Interlock Device (IID). This license permits driving only in vehicles equipped with an IID.
Nolo Contendere (No Contest)
A legal plea in which the defendant does not admit guilt but also does not contest the charges. In DUI cases, this plea is treated similarly to a guilty plea, but it cannot be used as an admission of guilt in any civil lawsuits related to the incident.
Open Container Law
A law prohibiting the possession of an open container of alcohol in the passenger area of a vehicle. Violating this law may result in fines or penalties and can contribute to DUI charges.
Per Se Law
A legal standard that allows a DUI conviction based solely on the driver’s BAC, without needing to prove actual impairment. Most states have a per se BAC limit of 0.08%.
Plea Bargain
An agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge in exchange for reduced penalties. Plea bargains are common in DUI cases.
Pre-Trial Diversion Program
An alternative to prosecution that allows the defendant to participate in a rehabilitation program or complete specific conditions in exchange for having the DUI charge dismissed. Successful completion can result in the charge being removed from the defendant’s record.
Prescription Drug DUI
A DUI charge that occurs when a driver is impaired by prescription medications. Even legal, prescribed drugs can lead to DUI charges if they affect the driver’s ability to operate a vehicle safely.
Probation
A period of supervised release imposed instead of or in addition to jail time. DUI probation may include conditions such as attending DUI school, performing community service, and avoiding alcohol.
Reckless Driving
A criminal offense involving operating a vehicle in a manner that shows a willful disregard for the safety of persons or property. Some DUI cases are plea bargained down to reckless driving, which carries lesser penalties.
Sobriety Checkpoint
A temporary roadblock set up by law enforcement to stop and check drivers for signs of impairment. These checkpoints are often used as a tool to prevent DUI offenses.
Standardized Field Sobriety Test (SFST)
A standardized set of tests approved by the National Highway Traffic Safety Administration (NHTSA) used by police officers to determine if a driver is impaired. The SFST includes the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests.
Suspension of License
A temporary withdrawal of a driver’s license as a result of a DUI arrest or conviction. The length of the suspension varies depending on factors such as prior offenses and whether the driver refused a chemical test.
Vehicle Impoundment
A penalty in which the offender’s vehicle is seized for a certain period as part of the punishment for a DUI conviction. Impoundment is often used in cases involving repeat offenses or severe violations.
Wet Reckless
A plea bargain in which a DUI charge is reduced to reckless driving involving alcohol. This charge carries less severe penalties than a standard DUI but still has serious consequences.
Zero Tolerance Law
A law that imposes strict penalties for drivers under the legal drinking age (typically 21) who are found to have any detectable amount of alcohol in their system. These laws are intended to deter underage drinking and driving.