||Drunken Driving Terminology
||What do they mean?
||Administrative License Suspension/Revocation
||Under the authority of the state, those convicted under DWI charges either for measuring beyond the prescribed BAC level or for not conforming to the Field Sobriety Tests, will have their driving licenses revoked or suspended until adjudication
||The rate at which the alcohol consumed is absorbed in the blood stream is called the absorption rate. This normally varies depending upon the nature of alcohol consumed, food intake of the individual and the duration of consumption of alcohol.
||Blood Alcohol Content
|It is a test which measures the concentration of alcohol in the blood stream of the accused from the blood sample of the suspect. An individual is convicted under DWI laws depending upon the BAC content where it is beyond the prescribed limits
||It is an instrument used by enforcement officials to measure the blood alcohol concentration of the suspect by way of testing his/her breath sample
||Burn Off Rate
||It is the rate at which the alcohol consumed in the body is metabolized by the body. The rate at which it happens depends upon the concentration of drinks taken by the individual. The regular rate of metabolism is about one ounce per hour
||All the tests undertaken to detect the amount of alcohol concentration in the body namely blood, breath and urine test fall under this.
||Where there is a revocation of license due to non compliance of DWI terms, a conditional license is issued to the accused on a condition of compliance of a certain act say attending a DWI course, after which the license is fully reinstated
||An accused under the DWI law is allowed to compensate his /her penalty or fine by way of community service, which involves reporting to duty on community related services like sweeping, picking trash or any other public oriented work. The individual is allowed to stay at home and report to duty during the day
||Driving under Intoxication (DUI) is a state, where an individual is found driving a vehicle under the influence of alcohol. This also includes intoxication caused due to drugs other than alcohol. A person is subject to a DUI charge, where he is found driving under the influence of alcohol
||Driving while Intoxicated (DWI) is a term similar to that of DUI which indicates that the driver engages in operating the vehicle under the influence of alcohol. A person convicted with a DWI charge is subjected to imprisonment, penalty and fine.
||A felony in short means a serious crime that involves offences like rape and death. Where a fatal accident has taken place as a result of drunken driving, the accused is convicted under first degree felony, involving severe punishments and imprisonments. A 2nd and 3rd degree felony convictions are not severe in nature. Felony convictions are also evoked against repeat offenders
||Field Sobriety Test (FST)
||These are some of the on the spot test conducted by enforcement officials, where they suspect a person driving a vehicle is under the influence of alcohol. These tests involve blood and breathalyzer test that measures the concentration of alcohol in the body of the convict. Where the convict refuses to take FST or measures an alcohol level that is more than the prescribed limits, he/she is convicted under DWI charge.
||Where an individual is convicted under DWI charges repeatedly for more than 3 times he is classified as a Habitual Offender and is subject severe penalties that also involves conviction under felony charges.
||Ignition Interlock Device
||An ignition interlock device is used to test the blood alcohol content of the driver. Where the breath test reveals a BAC beyond the set limits of say.20, the device connected to the engines ignition system prevents the vehicle from starting. This device is located near the drivers seat is compulsory in certain states where the driver was already subject to DWI charge even once.
||Impairment is a physical state where the driver has lost complete control over his body due to alcohol consumption. Enforcement official can still subject a person under DWI charges even where the BAC is below .08, if he finds that the drivers ability to drive the vehicle is completely Impaired Driving
||Implied Consent Laws
||An implied consent law is observed by certain states in the US, wherein the driver of a vehicle gives an implied consent for blood alcohol measurement at the time of issuing drivers license. In such states where a person refuses to take this test he/she is subject to penalties and even revocation of license
||A Miranda right is all about informing the suspect of his right to remain silent and proceed cooperating with enforcement officials under the guidance of his lawyer. It is the duty of the enforcement official to make a statement of Miranda Rights to the accused.
||These are crimes which are less serious in nature when compared to a felony. First degree misdemeanor crimes are subject to severe punishments. Any first time DWI charge is commonly categorized as misdemeanor
||Open Container Laws
||As per Open Container Laws, travelling with a open alcohol containers in a car is prohibited. Many states have adopted this law to ensure there is no drinking of alcohol especially by the driver of the vehicle while travelling.
||Zero Tolerance BAC
||A Zero Tolerance Test is law relating to juvenile drinking. Where a person driving a vehicle has not attained his legal drinking age of 21 and is found to be under the influence of alcohol then is subjected to a DWI charge even if a trace of alcohol is measured in his blood irrespective of the levels.