DUI Terminology

Navigating the complexities of a DUI charge can be overwhelming. Understanding the specific legal terms and procedures is the first step toward building a strong defense. This guide breaks down essential DUI terminology and provides crucial information about DUI laws.

Common DUI Terminology Explained

Here is a list of important terms you will likely encounter during a DUI case. Familiarizing yourself with this vocabulary can help you better understand the charges you are facing and the legal process ahead.

• Absorption Phase: This refers to the time it takes for alcohol to be fully absorbed into the body’s system, which typically ranges from 30 minutes to three hours after consumption.
• BAC (Blood Alcohol Concentration): This is a measurement of the amount of alcohol in a person’s bloodstream, also known as Blood Alcohol Content. BAC levels are the primary basis for DUI laws in every state. A skilled Wheeling criminal lawyer can challenge the accuracy of BAC test results.
• Breathalyzer/Breathalyser: A device used by law enforcement to measure a driver’s Blood Alcohol Concentration. These can be portable handheld units used during a traffic stop or larger, more stationary devices located at a police station.
• DUI (Driving Under the Influence): This acronym stands for Driving Under the Influence and covers impairment from both alcohol and drugs, including legally prescribed medications. If you’re facing such charges, consulting a knowledgeable Wheeling DUI attorney early can help you understand your rights and defense options.
• DWI (Driving While Intoxicated): This means Driving While Intoxicated or impaired. Similar to DUI, it includes impairment from alcohol and drugs, even legal prescription ones. The terms DWI and DUI are often used interchangeably.
• Field Sobriety Tests: These are standardized exercises administered by police officers to evaluate a driver’s mental and physical coordination. They are an initial step in a DUI investigation and may include tasks like the one-leg stand, the horizontal gaze nystagmus test (following an object with your eyes), walking a straight line heel-to-toe, reciting the alphabet, and the finger-to-nose test. If the tests were not administered correctly, a Wheeling DUI attorney may argue for their exclusion in court.
• Ignition Interlock Device/Vehicle Lock: Commonly called a “blow and go,” this is a breathalyzer device installed in a vehicle at the driver’s expense. The car will not start if the device detects alcohol on the driver’s breath. It is often a required penalty for a DUI conviction.
• Implied Consent: A legal principle indicating that by obtaining a driver’s license, all drivers have automatically agreed to submit to Blood Alcohol Concentration testing, which includes breath and chemical tests, when requested by law enforcement.
• Occupational Limited License (OLL): Also known as a “bread and butter license,” this is a temporary license that allows a person whose regular license is suspended for a DUI to drive to and from their place of employment.
• Probable Cause: The legal reason a police officer must have to stop a vehicle, question a driver, or make an arrest. If an officer acts without probable cause, any evidence collected may be ruled inadmissible in court. A proficient Wheeling DUI attorney can scrutinize the details of your stop to ensure your rights were protected.
• Sobriety Checkpoints: These are roadblocks, sometimes called “safety checkpoints,” set up by police to screen for drunk or impaired drivers. Every driver who passes through a checkpoint is stopped and checked for signs of driving under the influence or other violations.

Essential DUI Information

In West Virginia, driving under the influence (DUI) is a serious offense with life-altering penalties. DUI laws are complex and frequently updated, and the specifics of each case make the situation even more critical. With every revision of the law, the penalties for a conviction tend to become more severe.

The determination of a DUI is based on BAC (blood alcohol concentration) tests, which can include field sobriety tests and chemical analyses of blood, breath, or urine. For adults, a BAC level of 0.08 percent or higher is legally considered impaired. Refusing to take any of these tests can lead to separate penalties, including license suspension. West Virginia has a zero-tolerance policy for underage drinking, meaning minors (under 21) with a BAC of 0.02 percent or more are also classified as drunk drivers.

Penalties are significantly increased for multiple DUI offenses, accidents involving a DUI, and having a BAC level above 0.10 percent.

Hiring an experienced Wheeling criminal lawyer is vital because they have the necessary knowledge of the law and how it applies to your specific case. It is essential to secure legal representation as soon as possible after an arrest.

Explore the detailed DUI information available on our website. If you’ve been charged with a DUI, the expertise of a skilled and knowledgeable Wheeling criminal defense attorney is indispensable. The Logue Criminal Defense team has extensive experience defending clients in DUI cases. Serving Wheeling, as well as the surrounding areas in West Virginia and Ohio, Logue Law Group is ready to help. Call us for a consultation at (844) PITT-DUI or contact us online today. A qualified Wheeling DUI attorney can make a significant difference in the outcome of your case.