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July 20, 2010
Drunk-Driving
             
 
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DUI/DWI Terms and Definitions

 
 

Zero Tolerance Policy
Prohibition of drinking for those under the age of 21

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.

Breathalyzer
Breathalyzer is the trademark (of National Draeger, Inc. which acquired the Breathalyzer division from Smith and Wesson) for the most commonly used breath-testing device in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol reading.

Field Sobriety Tests
Field Sobriety Tests sometimes referred to by the acronym FSTs, are tests administered by the police to purportedly assess intoxication.

Impairment
Well known is the fact that the consumption of alcohol can cause impairment. Perhaps less recognized is that fact that impairment rises gradually at lower levels but dramatically at higher levels of blood alcohol concentration (BAC).

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.

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.

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%.

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.”

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.


Contact a DUI Lawyer in West Virginia now!

 

 
Did You Know?    
 
 
Your operator’s license and/or operating privileges can be revoked under the Administrative License Revocation (ALR)
Depending on the state, this law authorizes law enforcement to immediately confiscate a driver’s license as a result of a Driving Under the Influence (DUI) arrest. Drivers, who are eligible, may receive a temporary license for 30 days. Drivers who refuse the test will be revoked for a one (1) year time period. Drivers who fail the test will be revoked for 90 days - for first offense, or for one (1) year for any subsequent offense within a 12 year time period.

 


  Newsroom  
 


News about DUI & Drunk Driving cases in West Virginia and nationwide:

State Dot Promotes Youth Traffic Safety
HONOLULU — With the summer in full swing and the 4th of July holiday weekend approaching, the state Department of Transportation continues to empha...
Read more >


Cops Office Releases Study On Drunk Driving
Washington, DC - In addition to alcohol impairment being the greatest factor in traffic fatalities, the number of deaths resulting from alcohol-rel...
Read more >


National Drunk and Drugged Driving (3D) Prevention Month
"Last year in Illinois, 614 people were killed as a result of alcohol related crashes," said ISP Director Sam W. Nolen. "Through strict enforcement...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Child endangerment

Definition:
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.

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.

Legal State Limits

Definition:
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.

More West Virginia.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 >

West Virginia Drunk-Driving Attorney

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

  • Barboursville
  • Beckley
  • Bluefield
  • Bridgeport
  • Buckhannon
  • Charles Town
  • Charleston
  • Clarksburg
  • Elkins
  • Elkview
  • Fairmont
  • Grafton
  • Harpers Ferry
  • Huntington
  • Hurricane
  • Keyser
  • Logan
  • Martinsburg
  • Morgantown
  • Moundsville
  • Oak Hill
  • Parkersburg
  • Princeton
  • Saint Albans
  • Vienna
  • Weirton
  • Wellsburg
  • Wheeling
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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