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February 26, 2010
Drunk-Driving
             
 
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DUI/DWI Terms and Definitions

 
 

DUI
DUI is driving under the influence; it is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs. Generally, this is a lesser offense than driving while intoxicated.

Public Intoxication
Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor

Legal State Limits
Laws for DWI and DUI vary from state-to-state. There is a chart listing state blood alcohol limits, license suspension, ignition interlock and forfeiture penalties.

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 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.

B.A.C.
B.A.C. is an acronym for Blood Alcohol Concentration. The most definitive way to test for B.A.C. is to test blood. The most common testing method is to take samples of breath (most usually in New Jersey with a “Breathalyzer”). The alcohol in the breath is mathematically converted to a blood alcohol reading.

Alcoholism
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”

Arraignment
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.

Ignition Interlock Devices
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.

Boaters Intoxication
Drinking While Boating Open containers are legal, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws


Contact a DUI Lawyer in Oregon now!

 

 
Did You Know?    
 
 
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.

 


  Newsroom  
 


News about DUI & Drunk Driving cases in Oregon and nationwide:

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 >


McGreevey Strengthens Law to Detain Drunk Drivers
(CAMDEN)—As part of a series of efforts to keep families and their children safe, Governor James E. McGreevey today signed Senate Bill S-1868, whic...
Read more >


Lowey Offers Drunk Driving Amendment To Transpo Bill
WASHINGTON – Congresswoman Nita M. Lowey (D-Westchester/Rockland) announced today an amendment to H.R. 3550, The Transportation Equity Act:  A...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Drunk

Definition:
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.

OUI

Definition:
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.

Zero Tolerance Policy

Definition:
Prohibition of drinking for those under the age of 21

More Drunk Driving Lawyers.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 >

Oregon Drunk-Driving Attorney

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

  • Albany
  • Ashland
  • Beaverton
  • Bend
  • Canby
  • Central Point
  • Clackamas
  • Coos Bay
  • Corvallis
  • Cottage Grove
  • Dallas
  • Eugene
  • Forest Grove
  • Grants Pass
  • Gresham
  • Hermiston
  • Hillsboro
  • Hood River
  • Klamath Falls
  • La Grande
  • Lake Oswego
  • Lebanon
  • Mcminnville
  • Medford
  • Newberg
  • Ontario
  • Oregon City
  • Pendleton
  • Portland
  • Prineville
  • Redmond
  • Roseburg
  • Salem
  • Sherwood
  • Springfield
  • The Dalles
  • Troutdale
  • Tualatin
  • West Linn
  • Wilsonville
  • Woodburn
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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