GLOSSARY FOR DUIs - NJ DUI Attorney
Absorption Rate –The time it takes alcohol to enter
the bloodstream.
AERF –Alcohol Education and Rehabilitation Fund a
state fund dedicated to educating the public on the dangers of alcoholism. If
you get convicted of a DUI in New Jersey, you will need to pay money to the
AERF as part of your sentence.
BAC –Blood Alcohol Concentration. BAC, sometimes
called Blood Alcohol Level, is measured in percentages and judged the amount of
alcohol in a person’s system. In New Jersey, your BAC must be under 0.08% to drive,
or 0.01% if you are a minor.
Blood Test –A test to measure a person’s BAC using
their blood. This method can also detect if a person has been using drugs.
Breath Test –A test measuring a person’s BAC using a
machine to evaluate alcohol fumes on the breath. These tests are somewhat
inaccurate and can be thrown off by regurgitation or food consumption. These
tests cannot be used to evaluate the use of narcotics. A skilled New Jersey DUI
attorney can use the known inaccuracies of a breath test to your advantage in a
trial.
Breathalyzer –The machine used in a breath test to
evaluate a person’s BAC.
Burnoff –The time it takes for someone to
metabolize, or burn off, alcohol in their system.
Commercial Vehicle –Vehicles exclusively for
commercial use. Commercially licensed drivers are expected to maintain a higher
level of driving safety than the average person and, therefore, face more harsh
penalties for DUI convictions.
Dram Shop Liability –The responsibility of a bar,
restaurant or other establishment offering alcohol, to not serve people
obviously intoxicated or minors. If someone is injured in a DUI accident, they
may sue the establishment providing alcohol to the driver.
DUI –Driving Under the Influence of alcohol or
drugs. Speak with an Attorney
DUI School –Classes reminding DUI convicts why they
should not drink and drive. In New Jersey, these classes take place at the
Intoxicated Driver Resource Center at the cost of the convicted driver.
DUID –Driving Under the Influence of Drugs.
Expungement –The process of getting a criminal
record sealed or destroyed. Juvenile crimes are frequently removed from a
person’s record to provide them with a clean slate upon adulthood. To get a
minor’s DUI record expunged, contact an experienced New Jersey DUI attorney.
Felony DUI –Subsequent DUI convictions and DUIs with
a minor in the car are felony charges in New Jersey.
Field Sobriety Test –Tests provided by a police
officer to see if a person is driving under the influence. There are three
standard FST, including the walk and turn, the one legged stand and the
horizontal gaze nystagmus. These tests cannot accurately measure if a person
has been using a narcotic.
Horizontal Gaze Nystagmus –A test requiring the
subject to follow an object in the air, such as a finger or a pen. Jerky eye
movements can cause a failure in this test.
IDRC –Intoxicated Driver Resource Center. A place
where people convicted of drunk driving have to attend mandatory drunk driving
classes and counseling at their expense, as part of their sentence.
Ignition Interlock Device –A device attached near a
car’s steering wheel. When a driver seeks to use their vehicle, they must
submit a breath sample to the device. If there is alcohol on the person’s
breath, they will not be able to start their car.
Impairment – When a person’s mental or physical
abilities are disturbed by a substance not normally in the body. Also called
intoxication.
Implied Consent –A person’s consent to a BAC test
given, not at the time they are suspected of having a DUI, but when they sign
to get their driver’s license.
MADD –Mothers Against Drunk Driving. One of the
biggest drunk driving protest associations in America. Currently, MADD is
campaigning to have an administrative license revocation rule added to New
Jersey law. These rules allow the DMV to revoke your license before you are
convicted of a DUI. If this law is enacted, you will need a New Jersey DUI
attorney to fight, not only at a criminal trial, but also at a DMV hearing.
Misdemeanor DUI –Your first DUI conviction is a
misdemeanor, but if you have caused an accident or had a minor in the car with
you, it may still be a felony.
National College of DUI Defense –A group, made up
largely of DUI attorneys, dedicated to improving the rights of drivers accused
of drunk driving.
National Highway Traffic Safety Administration –The
government agency with the most responsibility for researching DUIs. This group
studies DUI statistics, provides education about the effects of drunk driving
and helps to develop and evaluate new tests that measure intoxication of
inebriated drivers.
One-Leg-Stand test –A test to determine if a person
has been drinking. To perform this test, a subject must stand on one leg, look
at their foot and count aloud.
Open Container Laws –Laws preventing a person from
driving with open alcohol containers in their car. In New Jersey, a first time
open container offense costs $200.
Per Se Laws –A law stating that even if a person
seems totally in control of their actions, they still are driving intoxicated
if their BAC is over 0.08% or 0.01% if they are a minor.
Reasonable Doubt –A legal standard stating that a
person cannot be convicted if a reasonable person still has a logical doubt to
his or her guilt.
Regurgitation –Vomiting, belching or other rejection
of stomach contents. Because regurgitation can add extra vapors in a person’s
mouth, a breathalyzer test should not be performed within 15 minutes of
regurgitating.
Retrograde extrapolation –An estimate of a person’s
intoxication level while driving, based on what their BAC was when they were
chemically tested.
Rising Alcohol Defense –The concept that a person
could be under the legal limit while driving, but additional alcohol absorption
could occur between that time and the time of the test.
Sobriety Checkpoints –A point on a road where police
evaluate all drivers for potential intoxication.
Under the Influence –A person’s incapacity to control
a vehicle because they have used drugs or alcohol.
Urine Test –A DUI test performed on a person’s urine
to determine their BAC. This type of testing can measure narcotic use better
than breathalyzer tests, but can be inaccurate in measuring the intoxication
level of a person drinking.
Vehicle – Any mode of transportation, not limited to
cars, trucks, boats and bikes.
Walk-and-Turn test –A field sobriety test requiring
a person to walk heel-to-toe in a line, then turn and return heel-to-toe.
Zero Tolerance –The law regarding a minor’s ability
to drink and drive. Any minor with 0.01% BAC or above can be convicted of a
DUI.
Have further questions regarding your DUI? Call today to speak with a NJ DUI Attorney
for a free consult 800-709-113.
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