If you’ve been arrested for DUI, odds are you are you are confused about what to do next. Part of the reason the court system can be difficult to navigate after a drunk driving arrest is because of all the legal jargon that is thrown around. Today, we’re going to explain some of the more common terms you might encounter in the wake of a DUI arrest.
DWI Terminology
Here’s a look at some common terms in the DUI court system:
Aggravated DUI – If someone gets a DUI while extremely intoxicated, with a minor in the car or is a repeat offender, the charge may be upgraded to the more serious aggravated charge.
Arraignment – An arraignment is a stage in the court process where a person enters their plea and arranges some other details about the case. If you have an attorney, you may not need to be present at the arraignment.
Blood-Alcohol Content – This is the ratio of blood to alcohol in your system at the time of your arrest. The legal limit is 0.08, and you can face upgraded charges if you have a BAC over 0.16.
Blood Test – A blood test is one way authorities measure your BAC. A cop must either get permission from the individual or get a warrant from a judge in order to obtain a blood sample because of its inherently intrusive nature.
Breath Test – Another method of testing a subject’s BAC. This method is not nearly as accurate as a blood test.
Commercial Vehicle/CDL – A commercial driver’s license means that a person is transporting heavy machinery or people, and they are subject to stricter DUI rules. Read up on the subject here.
Conditional License – A person may be granted a “conditional license” while they complete part of their sentence. For example, a person may be given a license on condition that they complete an alcohol treatment program. Once the condition has been met, a person may be eligible for a standard license.
Diversion Program – Instead of jail time or a monetary fine, a person may be ordered to complete a diversion program like alcohol counseling or substance abuse classes.
DUI/DWI – A person can be charged with driving under the influence or driving while intoxicated, depending on the circumstances.
Field Sobriety Test – A field sobriety test is a series of physical and mental coordination tests designed to help the officer determine if the driver is under the influence of alcohol. Oftentimes this involves the horizontal nystagmus test, a one-footed balance test, and the ability to walk in a straight line, among other tests.
Ignition Interlock Device – An IID is a device that measures a driver’s BAC. The IID is connected to the car’s ignition, meaning that the car won’t start unless a person blows under the legal driving limit or a lesser percentage determined by the court.
Implied Consent – Implied consent is a law that states the refusal to take a breath or blood test is a crime in and of itself. Implied consent is currently being challenged in Minnesota.
Stay tuned for Part 2 tomorrow!
