APS, Administrative Per Se Hearing: In California, a DUI arrest triggers two separate cases: a criminal court case and the California DMV's Administrative Per Se Proceeding, or APS Hearing. When a person is arrested for DUI, or Driving Under the Influence, and submits to a chemical breath or blood test resulting in a BAC if .08% or above, the DMV will take administrative actions against their driving privileges. An APS, or Admin Per Se Hearing, must be requested within 10 days of a DUI arrest to contest the DMV's automatic license suspension policy for DUI.
Acetone: An organic compound resulting from an Intoxilyzer breath testing machine sometimes mistaken for alcohol. Intoxilyzer.
Absorption: The human body's assimilation of alcohol into the bloodstream.
AGN, Alcohol Gaze Nystagmus: Alcohol's effect on nervous system in response to gaze nystagmus
Arraignment: The initial criminal court hearing where a defendant is advised of the pending charges against him, or her, and asked to enter to the court, i.e.: not guilty, no contest, nolo contendre, not guilty by reason of insanity, et al.
Breathalyzer: A machine or device designed to measure the amount of alcohol on a person's breath.
Burnoff: The metabolization and elimination of alcohol by the body through vital organs. This rate varies from person to person depending on various factors, and affects retrograde extrapolation.
Chemical Test: A DUI chemical test refers to a blood, breath or urine test to measure the level of alcohol in a person's bloodstream. In California, a chemical test is mandatory under the state's "implied consent law" and refers to tests a driver over 21 years of age is required to submit to if taken into custody on suspicion of driving under the influence.
Driver's License Suspension: DMV or Criminal Court sanctions against a person's privilege to drive, in the context of this website suspended for driving under the influence.
Drunk Driving: A somewhat obsolete term for driving under the influence of alcohol, or DUI. In California, driving with a BAC of .08% or above for adults over 21 years of age, or a BAC of .01% or above for drivers under 21 years of age. Drunk Driving is commonly abbreviated using acronyms such as DUI, DUID (Driving Under the Influence of Drugs), DWI (Driving While Intoxicated), OUI (Operating Under the Influence), DUII (Driving Under the Influence of an Intoxicant), and DWAI (Driving While Abilities Impaired).
DUI: DUI is an acronym for Driving under the influence, and infers impairment by alcohol and/or drugs. In California, driving with a BAC of .08% or above constitutes a DUI offense for adults over the legal drinking age of 21, and >01% for minors under 21 years of age.
DUID: Driving under the influence of Drugs, including prescription drugs, over the counter medications such as cough syrup and sleeping aids, narcotics, inhalants, herbal remedies, and inhalants.
DUII: A term used in Oregon state similar to DUI in California, referring to driving a motor vehicle or vessel while under the influence of an intoxicating liquor or drug, or a combination of alcohol and drugs.
DUIL: Driving under the influence of liquor, a term used in the states of Michigan, Massachusetts, and Utah. Synonymous with DUI in California.
DWAI: Driving while abilities impaired. A term used in the state of Colorado that is considered a less serious offense than drunk driving and thus punished more leniently than DUI. A DWAI conviction is usually not considered an alcohol related driving offense by insurance carriers or a prior offense in the event a subsequent related offense occurs within a ten year period. A lesser charge than a wet reckless, but not an available option in California DUI cases.
DWI: In the United States, DWI (Driving While Impaired / Driving While Intoxicated) is the second most commonly used drunk driving related acronym next to DUI. Refers to driving impaired from alcohol and / or drugs.
Enhancements: Aggravating or exacerbating factors that increase penalties in California DUI cases, such as DUI in a Safety Zone, DUI in a Construction Zone, DUI Causing Bodily Injury to Another, DUI with a passenger under 14 years of age, DUI with reckless driving, DUI with a BAC at or above .15%, et al.
Extrapolation: A formula for calculating a driver's blood alcohol content factoring in the person's physical aspects, amount of liquor consumed over a certain time period as well as the time elapsed from the last drink consumed.
FST, Field Sobriety Test: A preliminary roadside evaluation sometimes administered by police officers in an effort to determine DUI prior to taking a suspected drunk driver into custody. Field Sobriety Tests, or FST's, are designed to assess balance, divided attention ability, and coordination. Common field sobriety tests are Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn.
Felony DUI - Drunk Driving: When a drunk driving offense is a fourth or subsequent DUI related violation within a ten year period, or causes a fatality or bodily harm to another, it is often charged as felony crime under California statutes. A prior DUI charge reduced to a wet reckless becomes priorable if a subsequent drunk driving offense incurs within ten years.
Fixation: Ability to optically focus on a target or object.
Ignition Interlock Device: An apparatus installed in a DUI offender's vehicle as a condition imposed a by the DMV and maintained by a third party provider. An ignition interlock device, or IID, is connect to the vehicle's ignition system and is designed to measure breath alcohol content, consequentially preventing the vehicle from starting if a BAC of .02% or more is detected.
Jerk Nystagmus: Jerk Nystagmus is characterized by a slow of drifting of the eye while attempting to focus on a target or object in lateral movement, followed by a jerky visual realignment on the designated mark or point.
NHTSA, National Highway Traffic Safety Administration: The United States government agency that researches and administers traffic safety programs and studies. The NHTSA distributes and enforces guidelines on field sobriety testing procedures for San Diego Police Officers.
Not Guilty: An acquittal of a crime, a ruling of a defendant's innocence by a Jury or Judge.
OWI: Operating a motor vehicle while intoxicated, or operating while impaired.
Pendular Nystagmus: An oscillation or back and forth swinging of the eye in alternate directions.
Per Se Laws: Statutes establishing it unlawful to drive at or above the legal limit of .08% BAC in California, determined exclusively by the measure of alcohol in the bloodstream rather than impairment. T
Retrograde Extrapolation: A scientific term for evaluating a person's current BAC to determine what the earlier blood alcohol level was at the time the person was actually driving a motor vehicle.
Reckless Driving: Driving a vehicle in a way that is hazardous or dangerous, and / or speeding excessively.
Rising Alcohol Defense: A defense argument or theory that alcohol levels fluctuate over time as alcohol is absorbed into the bloodstream and reaching a peak level prior to elimination by the body. A Rising Alcohol Defense maintains that breath and blood tests are indicative of a defendant's BAC at the time the test was administered, not when the person was actually driving.
Smooth Pursuit: Movement of the eye as it follows an object in motion.
Under the Influence: In California, a legal term indicating impairment or intoxication by alcohol and / or drugs. A person can be arrested and charged for simply being under the influence, as in drunk in public. The charge of driving under the influence is much more severe. A person with a blood alcohol level below the legal limit of .08% can still be considered to be Under the Influence if their abiliity to act or drive is impaired. By the same token, a driver with a BAC at or above .08% might be found "not guilty" by a Jury if that amount of alcohol did not impair their judgement or cause them to act unlike a prudent, sober person.
Vehicle: In California, a vehicle, for the sake of DUI, can encompass an automobile, motorcycle, scooter, dune buggy, ATV or recreational vehicle, a boat, jet ski, intertube, waterskis, bicycle, airplane, snowmobile, lawn mower, scooter, electric wheelchair, and more.
Walk-and-Turn Field Sobriety Test: A field sobriety test requiring the a DUI suspect to take nine small steps placing their heel in front of the toes of the opposite foot while maintaining a straight line, then turn and take another nine heel to toe steps in the opposite direction. A person's performance on this test is evaluated by balance, coordination, and ability to follow directions, or coherence.
Wet Reckless: A wet reckless is typically a reduced charge or negotiated plea down from a DUI offense. A person convicted of a wet reckless offense can usually preserve their driving privileges, although insurance companies in California still consider wet reckless an alcohol and driving related violation and increase premiums accordingly. If a person convicted of a wet reckless offense incurs another driving under the influence charge within ten years, the wet reckless charge will become priorable, and the latter DUI related charge will count as a second DUI offense.
Witness: A person who is considered an expert, or can provide essential information and testimony pertaining to a case that may help prove or disprove a defendant's guilt or innocence.
Zero Tolerance: California Laws pertaining to minors and drivers under the age of 21 years old that increase penalties for alcohol related crimes for the purpose of deterring DUI related incidents among minors and persons under California's legal drinking age.
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