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August 24, 2010
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DUI/DWI Terms and Definitions

 
 

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.

Excessive Drunkenness
A state of drunkenness in which a person is so far deprived of reason and understanding that he or she is incapable of understanding the character and consequences of an act.

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.

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.

Child endangerment
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.

Failed Sobriety Test
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.

Sleep Deprivation
Drowsy driving is greatly under reported because there is no test for it, as there is for intoxication, no clear way to identify it, and many states don't even have a code for it on their vehicle accident reporting forms.

Reasonable suspicion
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.

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.


Contact a DUI Lawyer in Pennsylvania now!

 

 
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 Pennsylvania and nationwide:

Bill Signed To Combat Underage Drinking And Drunk Driving
In his capacity as Acting Governor, Lt. Governor Aiona signed into law, H.B. 2639, H.B. 3242 and S.B. 702 as part of the Lingle-Aiona Administratio...
Read more >


Driving Under The Influence (DUI) Among Teenagers
Motor vehicle crashes were the leading cause of death among young persons aged 16 to 20 in 2002.1 In that year, 6,327 persons aged 16 to 20 we...
Read more >


Students encouraged to "Make the Right Choice" and to prevent drunk driving
Oahu, HI —  Attorney General Mark J. Bennett, The Hawai`i Hotel and Lodging Association and The Century Council, a national not-for-profi...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Drunk driving penalties

Definition:
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.

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.

Arraignment

Definition:
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.

More Drunk Driving Lawyer.com Terms >

 

DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

More Resources >

 

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 >

Pennsylvania Drunk-Driving Attorney

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

  • Aliquippa
  • Allentown
  • Bensalem
  • Bethlehem
  • Butler
  • Carlisle
  • Chambersburg
  • Chester
  • Coatesville
  • Coraopolis
  • Downingtown
  • Doylestown
  • East Stroudsburg
  • Easton
  • Greensburg
  • Hanover
  • Havertown
  • Hazleton
  • Irwin
  • Lancaster
  • Lansdale
  • Lebanon
  • Lititz
  • Media
  • Morrisville
  • New Castle
  • New Kensington
  • Norristown
  • Philadelphia
  • Pittsburgh
  • Pottstown
  • Southampton
  • State College
  • Uniontown
  • Upper Darby
  • Warminster
  • Washington
  • West Chester
  • Wilkes Barre
  • Williamsport
  • York
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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