DUI/DWI Terms and Definitions

OUI
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.

Failed Sobriety Test
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.

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

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

Vehicular Homicide
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

Horizontal Gaze Nystagmus (HGN)
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.

Drunk
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.

Controlled Substances
Health and other public concerns have generated detailed Federal and state regulation of the sale and possession of alcoholic beverages, tobacco products, and a wide range of other "controlled substances."

Child endangerment
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.

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).