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Administrative Per Se (APS) Hearing – A Department of Motor Vehicles hearing to determine the status of an accused DUI / DWI driver’s license. The DMV has the authority to suspend the licenses of suspected drunk drivers in administrative proceedings regardless of whether they’re convicted in criminal court.
Arraignment – A criminal defendant’s first court appearance. The defendant must enter a plea of not guilty, guilty, or no contest.
Blood Alcohol Content (BAC) – The concentration of alcohol in the blood expressed as a percentage. The legal limit for driving is now .08 percent BAC in all 50 states.
Breathalyzer – A brand name for a breath testing machine commonly used in DUI / DWI investigations. The name “Breathalyzer” is sometimes used as a generic name for breath-testing equipment.
Chemical Tests – Analysis of a driver’s breath, blood or urine to determine whether the driver is under the influence of alcohol and/or drugs.
DUI – Driving under the influence. Generally synonymous with DWI (driving while intoxicated) and drunk driving.
Field Sobriety Tests (FSTs) – Exercises used by police to collect evidence for a DUI / DWI prosecution and establish probable cause for an arrest. There are two types of FSTs – those that are standardized by the National Highway Traffic Safety Administration (NHTSA) and those that aren’t.
Ignition Interlock Device (IID) – Equipment installed in the vehicles of many convicted drunk drivers that prevent the car from starting or running if the driver’s BAC exceeds a preset limit.
Implied Consent – Laws which dictate that any driver agrees to submit to a chemical test to determine BAC if police have probable cause to suspect DUI / DWI.
Medical Suspension – Action taken by the DMV to suspend a driver’s license because of a mental or physical condition believed to impact the individual’s ability to operate a motor vehicle safely. The condition may be reported to the DMV by police, physicians, or a family member, but the driver is entitled to a hearing before the license can be suspended.
Negligent Operator Suspension – Action taken by the DMV to suspend a driver’s license because too many “points” were accumulated on the driver’s record in a certain period of time.
Per Se – Laws in all 50 states that set the legal limit for BAC at .08 percent and can result in a drunk driving charge regardless of the driver’s level of physical or mental impairment.
Refusals – Any instance where a driver is accused of failing to submit to a chemical test of the blood, breath, or urine to determine BAC. Every state has implied consent laws that require a chemical test after a lawful DUI / DWI arrest. A chemical test refusal can bring repercussions both in court and at the DMV.
Sobriety Checkpoints – Roadblocks operated by police to snare suspected DUI / DWI drivers. The courts have repeatedly affirmed the constitutionality of sobriety checkpoints, but have set strict limits on how they can be operated. |