DC DUI Definitions

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DC DUI Definitions

Offenses:

DWI – Driving While Intoxicated

DUI - Driving Under the Influence

OWI - Operating (Driving) While Impaired

“Per Se” Offense – A drunk driving offense which can result in conviction based upon proof of blood alcohol content (BAC), without any proof of impairment of ability to drive.

Testing Devices (Breathalyzer Tests)

Breathalyzer – A breath analysis device which produces an estimate of blood alcohol based upon the chemical analysis of a breath sample. Many states have phased out these devices, due to new technologies which are less difficult to administer and less prone to error. However, due to their prior widespread use, many people now refer to any breath testing device as a “breathalyzer”.

Intoxylizer – A breath analysis device which produces an estimate of blood alcohol based upon infrared spectroscopy.

Intoximeter - Intoximeter devices are based upon fuel cell technology, infrared spectroscopy, or a combination thereof. Fuel cell technology involves the chemical analysis of a breath sample, to create a measurable electrical reaction which provides a measure of breath alcohol concentration. Early models of this device were susceptible to error from radio frequency interference.

PBT – Preliminary Breath Test – A PBT device is portable in nature, and is often carried by police in the field. PBT devices provide an estimate of blood alcohol concentration. However, due to the nature of the devices and the circumstances under which they are used, PBT results are not ordinarily admissible in court, except under unusual circumstances.

Field Sobriety Tests

Field or Roadside Sobriety Tests are used to establish probable cause for administration of a preliminary breath test and may also be used to establish probable cause for the administration of a formal breath or blood test.

Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. The tests administered under this protocol are the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand.

Divided Attention Testing – Tests which require a suspect to listen to and follow instructions while performing simple physical movements. Such tests include the walk-and-turn test and one-leg stand test.

Additional Terms:

Administrative Penalty – A sanction which may be imposed through an administrative agency, such as a state department of motor vehicles (DMV), even without criminal prosecution.

BAC – Breath Alcohol Content, usually expressed in a number reflecting the ratio of milligrams of alcohol in 100 milliliters of blood.