This month’s blog series on impaired driving and drunk driving is geared toward helping drivers understand the legal and potentially life-threatening impacts that driving under the influence can have on a person and the people they come in contact with.
As we continue on this theme, here are a few legal terms explained that should help you understand the legal jargon related to driving under the influence.
Blood Alcohol Content (BAC)
This term, often referred to as the BAC of a driver, is meant to describe the amount of alcohol in a person’s blood that develops from drinking beverages that contain alcohol. Blood alcohol levels can range from 0% (no alcohol) to over 0.4% (a potentially fatal level).
BAC can be measured by breath, blood, or urine tests. A driver may feel that a drink or two is safe, but there are many variables that determine how it impacts a person including physiological variables (weight and how much has been eaten recently) and an individual’s alcohol tolerance.
Breathalyzer
A Breathalyzer is a portable machine utilized by law enforcement to measure the blood alcohol content (BAC) of suspected drunk drivers. This test will typically require a person to blow into a device known as a breathalyzer.
Sobriety Checkpoint
This term describes a strategy used by law enforcement to prevent or cut down on drunk driving. Agencies throughout Massachusetts often set up sobriety checkpoints, especially on major holidays and weekends where drinking may be increased. It is common for law enforcement to stop a certain portion or all the vehicles that pass through a pre-specified location, these checkpoints commonly result in Operating Under the Influence (OUI) arrests.
Sobriety Checkpoints are often advertised for maximum impact.
Arraignment
This term refers to the initial court proceeding, where someone arrested for DUI/DWI, drunk driving, or any related drinking and driving criminal charge is formally advised of the charges against them, and given an opportunity to enter a plea.
This is also a time when a defendant can tell the judge if they have a lawyer representing them or if they plan to use a Public Defender. Bail (and other conditions) are also set during this court appearance.
Driver’s License Suspension and Revocation
These two terms deal with the consequences of being charged with being under the influence of alcohol while driving. A driver’s license suspension is the temporary withholding of driving privileges. A DUI offender’s license is withheld for a given period and then returned when and if specific conditions have been met.
Revocation of a driver’s license means a person’s driving privileges have been canceled. They will likely need to reapply for a driver’s license after a designated length of time.
For more information on driving under the influence of alcohol-related offenses talk to our team at the Law Office of Patrick Conway.