ALS Suspension: The ALS (Administrative License Suspension) laws differ from state to state. In the state of Ohio, this is the mandatory one (1) year suspension of driving privileges given to an individual if you refuse to take the breathalyzer test.
Breathalyzer: This is a device for estimating blood alcohol level (BAL) from a breath sample.
Blood Alcohol Level (BAL): This is the level of alcohol in your blood stream. It is recorded in milligrams of alcohol per 100 milliliters of blood, or milligrams percent. The most common way to measure the alcohol level is by using a breathalyzer device or taking a blood sample. In the state of Ohio you are considered over the limit if your BAL reaches .08 for an adult and .02 for a juvenile.
Burn off: This is where it is determined how fast the body can eliminate alcohol from the system through the organs of our body. This varies from person to person depending on many factors, such as weight, age and more.
How do these terms affect your case? Contact a knowledgeable attorney at TOMB ROBERTS & BUCIO.
Driving: This is the operation of a vehicle where you are in control. Law enforcement officers do not need to see you behind the wheel in order to lay charges. They can use circumstantial evidence, which is sufficient to lay charges.
Drunk Driving: This is when an operator of a vehicle has consumed enough alcohol to inhibit him from driving in a safe manner. This also relates to whatever limit a state has determined to be of legal limits. No matter how safely a person is operating the vehicle it is deemed as drunk driving if you are at or over the legal limit.
Driving Under the Influence (DUI): This is in reference to the state of a driver after consuming too much alcohol or drugs when they are operating a vehicle and the criminal cases that arise from such situations.
Driving While Intoxicated (DWI): This is often used in drunk driving cases and is used in terms of the state of the driver operating a vehicle while under the influence of alcohol. This can also be used in the case of driving under the influence of drugs. Defining intoxication is the heart of the DWI charge.
Enhancements: These are factors that can influence the punishment of a drunk driving case. They may include such things as breaking the speed limit while under the influence, having an accident, refusing to take a Breathalyzer, and having prior convictions all which increase the seriousness of a case.
Felony Drunk Driving: Many drunk driving charges are misdemeanor offenses; however, felony drunk driving charges may be filed if a person is a repeat DUI / DWI offender, someone is injured or killed in a DUI collision or if a DUI offense is combined with other felony charges, such as assault with a deadly weapon. Being convicted of felony drunk driving can result in jail time followed by a lengthy probationary period, as well as the revocation of one's license.
Field sobriety test: This is a test that is given on the roadside when people are stopped and suspected of drunk driving. This test determines by eye motion and skills of the driver to do the multiple tasks required by the officer to determine the condition of the driver of the vehicle.
Horizontal Gaze Nystagmus: This is an involuntary jerking of the eye that is caused by alcohol effects on the nervous system.
Impairment or intoxication: Terms used by states to describe driving while intoxicated or driving while impaired. Different states have different standards for this term.
Jerk Nystagmus: This happens when your eye can follow a point of focus and drifts slowly away from it but quickly adjusts itself with a jerky movement back to what they're trying to focus on.
Not guilty: This is a term used in court to state your innocence of the charges laid against you. This term is what everyone facing a drunk driving case wants to hear.
Notice of Suspension: This is the Ohio Revised Code (4511.192) that that takes away your driving privileges once you are charged with any drug or alcohol influence related driving charge. The arresting officer must inform you of your suspension in the state of Ohio. Refusing to take the breathalyzer test does not relieve you of the automatic suspension. Suspension of your driver's license can last from ninety (90) days up to three (3) years depending on your prior refusals and/or convictions.
OUI: This means operating under the influence of a drug or alcohol. There are many factors that contribute to making this a very difficult question and many things have to be taken in to consideration before a judgment can be passed.
OVI: This stands for operating a vehicle impaired. This charge is normally given in the state of Ohio if your blood alcohol levels tests out at more than .08.
Per se laws: These are laws that make it illegal to drive a vehicle under the influence of either alcohol or drugs at a certain level. This law is based only on the body's chemistry; the only thing to determine with this law is whether you were above or below your states legal limit.
Rising alcohol defense: This defense is based on the changes of alcohol in the system and how the levels change over time such as from the time you drink alcohol then when it peaks in your system and when the body starts to eliminate it. This can make a difference in the case as it may be concluded that you were not drunk while driving but peaked long after you were stopped.
