DEFINITIONS OF LEGAL TERMS
ASSOCIATED WITH DRUNK DRIVING
Facing an arrest for drunk driving? Contact a competent
and knowledgeable attorney in your state TODAY to
preserve your legal rights.
Drunk driving is the most common crime in America.
Like all legal matters, certain terminology and legal
definitions can be confusing to non-lawyers. This
segment of the web site attempts to “demystify”
these terms and phrases. While not comprehensive,
this list covers most of the more commonly used words,
terms or phrases of this area of law.;
DUI This generally
is interpreted as an abbreviation for driving under
the influence. By far, the most common impairing substance
is ALCOHOL. However, many states also prohibit DUI
DRUGS and DUI TOXIC VAPORS (sniffing or huffing paint
fumes, butane, paint thinner and similar chemicals).
DWI The next most common acronym
is DWI. Depending on the state practice, this can
be interpreted as an abbreviation for driving while
intoxicated or driving while impaired. Like DUI, many
states proscribe impaired (or “intoxicated”)
driving as caused by other impairing substances, drugs,
plants or chemical compounds.
OUI The next most common acronym
for drunk driving is OUI. This stands for operating
under the influence. The word “operating”
is actually more encompassing (and more accurate)
than “driving” because almost all states
make it illegal to “operate or be in actual
physical control” of a motor vehicle. This means
that you can be sitting in your car, off the side
of the road, with the engine running and the car in
park, and asleep, yet still be charged with OUI (or
DUI or DWI, for that matter, in most states). The
states that have OUI as their acronym are Maine, Massachusetts,
and Rhode Island.
OWI Another acronym for drunk driving
is OWI, or operating while intoxicated. Similar to
OUI, the operative word is “operating”.
Wisconsin is the largest state using this acronym.
OMVI OMVI (operating a motor vehicle
while intoxicated) is an acronym used in Ohio from
time to time, but they also use DUI.
DUIL DUIL (driving under the influence
of liquor) is used in a few states in case law.
DUII Oregon uses DUII (driving under
the influence of an intoxicant).
DWAI In two states, Colorado and New York, the acronym
“DWAI” (driving while ability impaired)
is a LESSER INCLUDED OFFENSE to DWI (or DUI). These
“lesser offenses” offer the person less
damage to their driver’s license, and have certain
benefits over pleading to the standard DUI / DWI offense.
DWUI One state, Wyoming, uses DWUI
(driving while under the influence).
DUBAL Finally, two other acronyms crop up in cases
occasionally. DUBAL or UBAL is a type of DUI / DWI
that signifies driving with an unlawful blood alcohol
level. This applies only to cases in which the person
arrested has given a blood, breath or urine sample.
Officers or court cases (or your attorney) may call
this “per se” DUI or “per se”
DWI. In short, this means, it is an offense to merely
have driven while having the prohibited amount of
alcohol in your system regardless of whether the police
officer gathers any traditional evidence of “impairment”.
UBAL Same as DUBAL.
"Open Container" The offense of having an
open container inside your passenger compartment.
|
