DUI Glossary of Terms and Phrases
Administrative License Revocation (also Administrative License Suspension) – Suspension or revocation of driver’s license by the DOL 60 days after arrest for DUI - the person arrested for driving under the influence need not be convicted in criminal proceeding to lose their license.
Alcohol/Drug Evaluation – A one-on-one interview with a licensed counselor where the counselor will ask a series of questions to diagnose if the patient has a substance abuse problem and the severity of that problem if it exists. The counselor makes a determination based on certain standardized measures. The counselor will then make a recommendation for treatment.
Alcohol Equivalence - a typical can or bottle of beer (12oz), a typical glass of wine (5oz), or a typical shot of distilled spirits in a shot or mixed drink (1oz) each contain roughly the same amount of alcohol. A person just drinking beer or wine can as readily get a DUI as someone drinking hard liquor.
Arraignment – The initial hearing in the criminal court process. At this hearing, the prosecutor officially charges the defendant with a crime and the defendant enters an official plea. The court sets the next court date, usually a pretrial or readiness hearing and sets certain conditions that the defendant must follow over the course of the case.
BAC (Breath Alcohol Concentration) – A measure of how much alcohol one has consumed measured by the percentage of alcohol contained in one’s blood stream. In the United States, every state, including Washington, now has a limit 0.08 grams of alcohol per 210 liters of breath. Washington has a lower limit for persons under 21, persons operating a commercial vehicle, and other conditions. Measured in Washington by a machine called a Datamaster or Datamaster CDM, breath alcohol content is an approximation of alcohol concentration in one’s blood, or Blood Alcohol Content.
Bail - A tangible asset, usually money that is pledged to or deposited with a court in order to allow the temporary release of an individual.
Bail Bond – Surety bonds used to guarantee the entire bail amount if the accused party fails to maintain the terms of his or her release. The person posting bail generally pays 10% of the total bail amount as a cash guarantee.
Breathalyzer (also breathalyser) - Brand name of a portable device that measures blood alcohol concentration by testing a person's breath exhalation. Breathalyzer is often used to refer to the entire category of such devices. Breathalyzer was originally trademarked by Smith and Wesson.
Burn off - Dissipation of alcohol from a person's body. Burn off rate varies greatly depending on age, body weight, medical condition, genetics, and other factors. See How Long Does Alcohol Stay in the Body? by David J. Hanson, Ph.D. for more information on Burn off.
Deferred Prosecution - A statutorily created program that allows a person who suffers from alcoholism, drug addiction or mental illness to escape prosecution in exchange for completing a treatment program. A deferred prosecution will result in the charge being dismissed after 5 years of compliance with the conditions of the program. In the event of a violation of any of the conditions, the deferred prosecution may be revoked and a guilty finding entered. Even if the deferred prosecution is successfully completed and the charge dismissed, it will be considered a prior DUI conviction if charged with another offense.
Disorderly Conduct - A misdemeanor crime carrying a potential sentence of up to 90 days in jail and fines of up to $1,000. There are a variety of actions that can result in a charge of disorderly conduct, including use of abusive language that creates a risk of assault, disruption of any lawful assembly or meeting, intentional obstruction of traffic without authority, and engaging in fighting or making unreasonable noise within 500 feet of a funeral wake, burial or memorial service.
DUI - A gross misdemeanor crime for driving under the influence of intoxicating liquor or any drug.
DUI Victim's Panel - A common requirement of the court where a panel of victims of drunk-driving accidents speak about their experiences. The DUI Victim Impact Panel allows individuals to hear testimonials of those affected by a drunk driver. The purpose of the Victim Impact Panel is to humanize the dangers of DUI.
Field Sobriety Tests (FST) – A series of physical agility and divided attention exercises administered at the time of the DUI stop. These tests are voluntary. There are several types of these tests including horizontal gaze nystagmus, walk-and-turn, one-leg-stand, count backwards from a number such as 30 or 100, recitation of the alphabet, and breathing into a "portable or preliminary breath tester" or "PBT."
Ignition Interlock Devices - A mechanism designed to prevent a motor vehicle's ignition from working until a driver is shown to be alcohol free after breathing into a mouthpiece.
Implied Consent - A set of warnings required to be given pursuant to RCW 46.20.308 in advance of an officer's request to provide a breath or blood sample, in most instances. These warnings provide a list of consequences for both giving and refusing to give the requested sample. Operation of a motor vehicle in and of itself provides sufficient grounds for an officer to require sobriety tests. In most states, implied consents extend to Field Sobriety Tests.
Minor DUI - Driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle within this state and the person is under 21. BAC threshold and penalties are different for a minor than for an adult.
Misdemeanor - A crime that is punishable by up to 90 days in jail and up to $1,000.00 fine.
Negligent Driving (First Degree) - Operating a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibiting the effects of having consumed liquor or an illegal drug.
Negligent Driving (Second Degree) - Under circumstances not constituting negligent driving in the first degree, operating a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
Open Container Laws - Statues that prohibit possession of non-sealed alcoholic beverages in the passenger area of motor vehicles.
Per Se - Latin for "itself" when applied to DUI law means that a person has broken the law by having a blood alcohol concentration above a certain limit (in the US 0.08) regardless of any physical or mental manifestation of intoxication.
Personal Recognizance Release (PR Release) - A release of a defendant in a criminal matter, pending trial, without the requirement of bail or a surety bond. The conditions of a PR release are usually 1) to maintain law abiding behavior, 2) to attend to all future court dates, and 3) to follow any other non-monetary conditions imposed.
Pretrial Hearing - The second hearing in the criminal court process. A status conference at which the parties notify the court how the case will be proceeding. The case could be resolved at this juncture, set for motions/trial or continued for futher investigation or negotiation.
Prior DUI - For purposes of sentencing on a DUI conviction, a prior offense is considered a past DUI conviction, a deferred prosecution (regardless of completion), or a Reckless Driving, Reckless Endangerment or Negligent Driving in the First Degree conviction when reduced from an original charge of DUI, within seven years of the current charge.
Prosecutor – An attorney who represents the government in criminal proceedings.
Rising Alcohol Defense - A legal defense for driving under the influence that argues blood alcohol concentration (BAC) at time of measurement is not indicative of what it was while the person was actually driving. Alcohol requires time after ingestion to enter a person's bloodstream, so a defendant's BAC may only have risen above the legal limit after the they were stopped by the officer and during the time the officer questioned them, ran identification checks, etc.
Pro Tem Judge (Judge Pro Tempore) - A temporary or part-time judge who fills in for the elected judge.
Reckless Driving - Driving any vehicle in willful or wanton disregard for the safety of persons or property.
SCRAM Bracelet - Secure Continuous Remote Alcohol Monitor bracelets are able to detect alcohol within the body by taking a reading on the surface of the skin. The bracelets are worn on the ankle where they take a reading every 30 minutes and send the data via a wireless radio frequency (RF) signal to probation officers and court officials. First used in Washington in Thurston County to save jail space and money, .
Sentencing Hearing – A hearing where the court formally pronounces the judgment after a finding of guilty.
Sobriety Checkpoints - A procedure where by law enforcement officials select a particular location (usually a choke point such as a freeway on-ramp or off-ramp or tunnel access), stop vehicles, ask drivers questions pertaining to alcohol consumption, follow-up with any drivers suspected to be impaired. Sobriety checkpoints are most often conducted during peak holiday drinking periods.
SR-22 Insurance – A form which must be filed by an insurance company to the state (Department of Licensing) proving that auto liability insurance is in effect for a particular individual. It is a requirement of the DOL that proof of SR-22 be on file prior to license reinstatement after a license suspension is ordered as the result of a DUI arrest or conviction, or Reckless Driving Conviction.
Zero Tolerance - Philosophy that any detectable amount of alcohol creates an infraction. Zero tolerance in driving is most often applied in circumstances where drinking alcohol itself is prohibited such as for minors or countries with prohibition.
Portions of DUI Glossary used with permission from http://www.dui-information.org/
Alcohol/Drug Evaluation – A one-on-one interview with a licensed counselor where the counselor will ask a series of questions to diagnose if the patient has a substance abuse problem and the severity of that problem if it exists. The counselor makes a determination based on certain standardized measures. The counselor will then make a recommendation for treatment.
Alcohol Equivalence - a typical can or bottle of beer (12oz), a typical glass of wine (5oz), or a typical shot of distilled spirits in a shot or mixed drink (1oz) each contain roughly the same amount of alcohol. A person just drinking beer or wine can as readily get a DUI as someone drinking hard liquor.
Arraignment – The initial hearing in the criminal court process. At this hearing, the prosecutor officially charges the defendant with a crime and the defendant enters an official plea. The court sets the next court date, usually a pretrial or readiness hearing and sets certain conditions that the defendant must follow over the course of the case.
BAC (Breath Alcohol Concentration) – A measure of how much alcohol one has consumed measured by the percentage of alcohol contained in one’s blood stream. In the United States, every state, including Washington, now has a limit 0.08 grams of alcohol per 210 liters of breath. Washington has a lower limit for persons under 21, persons operating a commercial vehicle, and other conditions. Measured in Washington by a machine called a Datamaster or Datamaster CDM, breath alcohol content is an approximation of alcohol concentration in one’s blood, or Blood Alcohol Content.
Bail - A tangible asset, usually money that is pledged to or deposited with a court in order to allow the temporary release of an individual.
Bail Bond – Surety bonds used to guarantee the entire bail amount if the accused party fails to maintain the terms of his or her release. The person posting bail generally pays 10% of the total bail amount as a cash guarantee.
Breathalyzer (also breathalyser) - Brand name of a portable device that measures blood alcohol concentration by testing a person's breath exhalation. Breathalyzer is often used to refer to the entire category of such devices. Breathalyzer was originally trademarked by Smith and Wesson.
Burn off - Dissipation of alcohol from a person's body. Burn off rate varies greatly depending on age, body weight, medical condition, genetics, and other factors. See How Long Does Alcohol Stay in the Body? by David J. Hanson, Ph.D. for more information on Burn off.
Deferred Prosecution - A statutorily created program that allows a person who suffers from alcoholism, drug addiction or mental illness to escape prosecution in exchange for completing a treatment program. A deferred prosecution will result in the charge being dismissed after 5 years of compliance with the conditions of the program. In the event of a violation of any of the conditions, the deferred prosecution may be revoked and a guilty finding entered. Even if the deferred prosecution is successfully completed and the charge dismissed, it will be considered a prior DUI conviction if charged with another offense.
Disorderly Conduct - A misdemeanor crime carrying a potential sentence of up to 90 days in jail and fines of up to $1,000. There are a variety of actions that can result in a charge of disorderly conduct, including use of abusive language that creates a risk of assault, disruption of any lawful assembly or meeting, intentional obstruction of traffic without authority, and engaging in fighting or making unreasonable noise within 500 feet of a funeral wake, burial or memorial service.
DUI - A gross misdemeanor crime for driving under the influence of intoxicating liquor or any drug.
DUI Victim's Panel - A common requirement of the court where a panel of victims of drunk-driving accidents speak about their experiences. The DUI Victim Impact Panel allows individuals to hear testimonials of those affected by a drunk driver. The purpose of the Victim Impact Panel is to humanize the dangers of DUI.
Field Sobriety Tests (FST) – A series of physical agility and divided attention exercises administered at the time of the DUI stop. These tests are voluntary. There are several types of these tests including horizontal gaze nystagmus, walk-and-turn, one-leg-stand, count backwards from a number such as 30 or 100, recitation of the alphabet, and breathing into a "portable or preliminary breath tester" or "PBT."
Ignition Interlock Devices - A mechanism designed to prevent a motor vehicle's ignition from working until a driver is shown to be alcohol free after breathing into a mouthpiece.
Implied Consent - A set of warnings required to be given pursuant to RCW 46.20.308 in advance of an officer's request to provide a breath or blood sample, in most instances. These warnings provide a list of consequences for both giving and refusing to give the requested sample. Operation of a motor vehicle in and of itself provides sufficient grounds for an officer to require sobriety tests. In most states, implied consents extend to Field Sobriety Tests.
Minor DUI - Driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle within this state and the person is under 21. BAC threshold and penalties are different for a minor than for an adult.
Misdemeanor - A crime that is punishable by up to 90 days in jail and up to $1,000.00 fine.
Negligent Driving (First Degree) - Operating a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibiting the effects of having consumed liquor or an illegal drug.
Negligent Driving (Second Degree) - Under circumstances not constituting negligent driving in the first degree, operating a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
Open Container Laws - Statues that prohibit possession of non-sealed alcoholic beverages in the passenger area of motor vehicles.
Per Se - Latin for "itself" when applied to DUI law means that a person has broken the law by having a blood alcohol concentration above a certain limit (in the US 0.08) regardless of any physical or mental manifestation of intoxication.
Personal Recognizance Release (PR Release) - A release of a defendant in a criminal matter, pending trial, without the requirement of bail or a surety bond. The conditions of a PR release are usually 1) to maintain law abiding behavior, 2) to attend to all future court dates, and 3) to follow any other non-monetary conditions imposed.
Pretrial Hearing - The second hearing in the criminal court process. A status conference at which the parties notify the court how the case will be proceeding. The case could be resolved at this juncture, set for motions/trial or continued for futher investigation or negotiation.
Prior DUI - For purposes of sentencing on a DUI conviction, a prior offense is considered a past DUI conviction, a deferred prosecution (regardless of completion), or a Reckless Driving, Reckless Endangerment or Negligent Driving in the First Degree conviction when reduced from an original charge of DUI, within seven years of the current charge.
Prosecutor – An attorney who represents the government in criminal proceedings.
Rising Alcohol Defense - A legal defense for driving under the influence that argues blood alcohol concentration (BAC) at time of measurement is not indicative of what it was while the person was actually driving. Alcohol requires time after ingestion to enter a person's bloodstream, so a defendant's BAC may only have risen above the legal limit after the they were stopped by the officer and during the time the officer questioned them, ran identification checks, etc.
Pro Tem Judge (Judge Pro Tempore) - A temporary or part-time judge who fills in for the elected judge.
Reckless Driving - Driving any vehicle in willful or wanton disregard for the safety of persons or property.
SCRAM Bracelet - Secure Continuous Remote Alcohol Monitor bracelets are able to detect alcohol within the body by taking a reading on the surface of the skin. The bracelets are worn on the ankle where they take a reading every 30 minutes and send the data via a wireless radio frequency (RF) signal to probation officers and court officials. First used in Washington in Thurston County to save jail space and money, .
Sentencing Hearing – A hearing where the court formally pronounces the judgment after a finding of guilty.
Sobriety Checkpoints - A procedure where by law enforcement officials select a particular location (usually a choke point such as a freeway on-ramp or off-ramp or tunnel access), stop vehicles, ask drivers questions pertaining to alcohol consumption, follow-up with any drivers suspected to be impaired. Sobriety checkpoints are most often conducted during peak holiday drinking periods.
SR-22 Insurance – A form which must be filed by an insurance company to the state (Department of Licensing) proving that auto liability insurance is in effect for a particular individual. It is a requirement of the DOL that proof of SR-22 be on file prior to license reinstatement after a license suspension is ordered as the result of a DUI arrest or conviction, or Reckless Driving Conviction.
Zero Tolerance - Philosophy that any detectable amount of alcohol creates an infraction. Zero tolerance in driving is most often applied in circumstances where drinking alcohol itself is prohibited such as for minors or countries with prohibition.
Portions of DUI Glossary used with permission from http://www.dui-information.org/