DUI/DWI Terms and Definitions

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

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.

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.

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

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

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%.

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.

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).

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.