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January 07, 2010
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DUI/DWI Terms and Definitions

 
 

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.

OUI
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.

Drunk driving penalties
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days. Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.

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

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.

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.

Vehicular Homicide
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

Boaters Intoxication
Drinking While Boating Open containers are legal, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws

Drunk
Intoxication as we know it is not required for one to be guilty of drunk driving. Your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law.

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.)


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Did You Know?    
 
 
Aggravated Vehicular Homicide (while driving intoxicated)
One state defines this as Class A Felony If any of the following conditions are present: Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination One prior Vehicular Homicide A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense

 


  Newsroom  
 


News about DUI & Drunk Driving cases in Atlanta and nationwide:

State Dot Promotes Youth Traffic Safety
HONOLULU — With the summer in full swing and the 4th of July holiday weekend approaching, the state Department of Transportation continues to empha...
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

Reasonable suspicion

Definition:
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.

Field Sobriety Tests

Definition:
Field Sobriety Tests sometimes referred to by the acronym FSTs, are tests administered by the police to purportedly assess intoxication.

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."

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DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

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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 >

Atlanta Drunk-Driving Attorney

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

  • Acworth
  • Albany
  • Alpharetta
  • Athens
  • Atlanta
  • Augusta
  • Columbus
  • Cumming
  • Dalton
  • Decatur
  • Douglasville
  • Duluth
  • Griffin
  • Hephzibah
  • Hinesville
  • Jonesboro
  • Kennesaw
  • Lawrenceville
  • Lilburn
  • Lithonia
  • Loganville
  • Marietta
  • Milledgeville
  • Moultrie
  • Newnan
  • Norcross
  • Powder Springs
  • Ringgold
  • Rome
  • Roswell
  • Savannah
  • Smyrna
  • Stockbridge
  • Stone Mountain
  • Suwanee
  • Tifton
  • Warner Robins
  • Woodstock
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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