Glossary of Terms

automatic suspension of driver's license for refusal of a breath test or BAC content greater than the legal limit of 0.08 percent. This sanction is enforced in addition to any criminal penalties that result from conviction of a DUI charge.

Commonly known as SCRAMs (Secure Continuous Remote Alcohol Monitors) bracelet, alcohol monitoring devices are used to track the alcohol consumption of those convicted of alcohol-related offenses like DUI. The SCRAM bracelet works by recording alcohol content in the sweat from the wearer's skin and transmits data by radio signal to a modem. Monitoring bracelets can be used instead of random sobriety tests or jail time.

a measure of how much alcohol one has consumed. This number is expressed as a percentage and is used to determine impairment per se in many DUI cases. Also referred to as blood alcohol concentration. Blood alcohol content can be measured by taking a blood sample, and is often approximated by breathalyzer machines. The legal BAC limit for operating a vehicle in the United States is .08%.

a test that measures breath alcohol content (or breath alcohol concentration). Breathalyzer machines, which are commonly used to administer breath tests, estimate BAC based on breath alcohol content. If you're pulled over for suspicion of DUI, you may be asked to submit to a breath test by a police officer.

a machine that administers breath tests. Breathalyzers measure breath alcohol content (concentration) and then estimate BAC from that figure. The formula used to convert breath alcohol content to BAC is based on a hypothetical "average person." If you are asked to blow into a breathalyzer and your measurements (height, weight, muscle-to-fat ratio) are different from those of the "average person," the estimated BAC could be incorrect. Many DUI lawyers have successfully challenged breathalyzer results in court.

the responsibility of proving allegations in a legal context. In DUI cases, burden of proof has an interesting role. If the person accused of DUI has a BAC reading of .08% or higher at the time of the arrest, the burden of proof lies with the defendant to prove that he or she was not impaired while driving. If the accused has a BAC below .08%, the state must prove that he or she was impaired when arrested.

a formal legal accusation. If you are charged with DUI, the legal system has officially recognized that you are suspected of the crime of driving under the influence of alcohol or drugs. DUI charges can be met with a plea of guilty, not guilty or, in some states, no contest; not guilty pleas generally lead to courtroom trials, guilty pleas to out-of-court arrangements.

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proof of guilt in a court of law. When a judge or jury finds a defendant guilty, the defendant is considered convicted of a crime.DUI convictions can lead to penalties including probation, driver's license suspension, alcohol counseling, jail or prison time, alcohol monitoring, installation of an ignition interlock device and more.

in a court of law, a person charged with a crime. The defendant is so called because most trials consist of a defense presented to display the innocence of the accused.

legal term for driving a motor vehicle while under the influence of any intoxicating substance, including drugs and alcohol. Nationally, .08% is the legal blood alcohol limit, meaning that operating a motor vehicle at or above .08% BAC could lead to charges of DUI. In some areas, DUI is referred to as DWI, OUI, OWI and drunk driving.

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policy generally applied to drivers younger than 21, who are not legally allowed to drink alcohol in the United States. Basically, zero tolerance policies allow for DUI penalties for underage drivers with any alcohol in their systems (some states have a .01% limit, some .02%). Zero tolerance policies punish underage drinkers with very low BACs for drinking as well as driving after drinking