DUI/DWI Terms and Definitions

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.

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.

Excessive Drunkenness
A state of drunkenness in which a person is so far deprived of reason and understanding that he or she is incapable of understanding the character and consequences of an act.

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

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."

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.

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.

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

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.