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10 FAQs About ALCOHOL,
Health and the Law

Alcohol: Also known by its scientific name “ethanol”, alcohol is a colorless, volatile, and pungent solvent in liquid form found in fermented liquors such as beer, wine, wine coolers, champagne, and liquors. It is a depressant to the central nervous system when ingested. If ingested in large amounts, coma or death will occur. Contact a DUI Lawyer immediately.

Alcohol Abuse: A pattern of problem drinking that results in adverse health consequences, negative social problems or interactions, or both. Consumption of alcohol can lead to criminal problems whenever the person consuming alcohol violates the laws relating to the most common intoxicant. Crimes such as public drunkenness, underage possession of alcohol, drunk driving, hunting while intoxicated result in more arrests each year than any other substance-based crime.

Alcoholism: A primary, chronic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations.

Binge Drinking: A social phenomenon defined by alcohol abuse experts as “consumption of five or more drinks on a single occasion”. This quantity is approximately the amount of alcohol needed to raise the average sized person's blood alcohol concentration to about 0.10%. To the lay person, the term “binge drinking” is associated with young adults or teens slamming down an excessive number of alcoholic beverages over a short time period, possibly resulting in brain damage, respiratory failure or death.

Blood Alcohol Concentration (BAC): The amount of alcohol in the bloodstream, measured as a percentage of the total blood supply.

Cirrhosis: A serious, life-threatening liver disease, and probably the most recognized medical complication of chronic alcoholism. It is a grave and irreversible condition characterized by a progressive replacement of healthy liver tissue with scars, which can lead to liver failure and death.

Enabler: A person (often a relative, spouse or life partner) who, without malicious intent, helps to support the abusive behavior of the person who uses alcohol or drugs. An example of an enabler would be someone who tries to shield the user from the full consequences of their antisocial or illegal behavior.

Fetal Alcohol Syndrome (FAS): An irreversible medical condition associated with excessive consumption of alcohol by a pregnant woman. The “fetal alcohol syndrome” child is born with low birth weight, noticeable facial deformities (typically, an undeveloped nose and eyes closely set) as well as other developmental deficiencies. Low brain function is the norm for these children. With severe cases, the child dies within a few years of birth, due to abnormalities caused by the birth mother’s excessive use of alcohol.

Intoxication: A condition of diminished mental (and physical) capacity that occurs when the brain is exposed to alcohol (or other psychoactive drugs, substances or plant material) resulting in temporary changes in mood, judgment, cognitive functioning, motor functioning, and behavior. In general, an intoxicated person is said to have slower, depressed mental acuity as a result of ingesting (or otherwise taking into the person’s system) an inhalant, beverage or intravenous that has impairing substances in it.

Wine Coolers: also known as "wine foolers," are mixtures of wine and fruit juice, based upon the "Sangria" punches that were popular in Europe. These pre-mixed punches are about 1.5 times more potent---ounce for ounce---than the typical American beer. Because they taste so good, the person drinking them may not appreciate how much of the beverage has been consumed. Fortified wines are fermented wine beverages that have been “spiked” with additional ethanol (alcohol) to create a more potent beverage (higher proof and higher alcohol content).

DUI / DWI / OUI / OWI Words

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.


 

 

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