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California DUI Terms
Definition of California DUI terms regarding Driving Under the
Influce (California DUI) charges.
ALS (Administrative License Suspension)
A California law that allows the suspension of the license of a
driver charged with DUI, in addition to the sanctions imposed as a
result of a court conviction.
BAC (Blood Alcohol Concentration)
Your
blood alcohol
concentration or
BAC is
the concentration of alcohol in the bloodstream. Measured in
percentages, this amount is used to determine the intoxication of an
individual. Your
blood alcohol
concentration can be measured by testing breath, blood or
urine. Most states have adopted
BAC laws that make it illegal to
drive with a
BAC at or above a
set amount. Most states have adopted 0.08% as the highest allowable
concentration. Though you may still be found to be intoxicated
even if your
BAC is below this
amount.
Breathalyzer Machine
A machine used by law enforcement officers to measure the BAC of
suspected drunk drivers via their breath. The California
breahalyzer machine of choice is the
"
Datamaster".
Chemical Test
As it relates to DUI, a test of the alcohol in a person's blood.
A Breathalyzer, blood analysis, or urinalysis can be used as chemical
tests for alcohol intoxication. If another intoxicant is suspected, a
blood or urine test may be used.
Community Service
Depending on the offense and its severity, the prosecutor may offer
community service as part of your conviction and/or probation.
Conditional License
A California conditional license is a license granted on the condition
you complete a DUI class or alcohol treatment program or other
requirement. Once the condition has been met, a standard license is
generally issued or reinstated.
Driver Responsibility Tax
Some states charge those convicted of a DUI with an extra tax on top of
fines and court costs. This usually consists of a tax that is payable
to the state for three years after the incident occurred (e.g.: $250
per year for three years). In most cases, failure to pay the yearly
assessment on time results in license suspension.
DUI School
California DUI schools are typically drug and alcohol
education programs designed to help you realize how dangerous drinking
and driving is and to hopefully ensure you are not a repeat offender.
Your state will likely have a list of approved schools for you to
choose from.
California DUI (Driving Under the Influence)
In California this is the act of operating a motor vehicle after
consuming alcohol or other drugs to the extent that your mental and/or
motor skills are impaired. In other states and jurisdictions this
offense may also be called DWI, OWI, or OMVI. [link to the other
definitions]
Felony DUI
Serious crimes such as murder, aggravated assault, arson, burglary, etc
are considered felonies. A third conviction for drinking and driving is
also a felony in most states. Felonies are considered more serious than
misdemeanors and as such the punishments are more severe.
Ignition Interlock Device (IID)
This is breathalyzer machine [link above] installed in cars to prevent
a vehicle from starting if it detects a blood alcohol concentration
(BAC) over a pre-set limit. The device is located inside the vehicle,
near the driver’s seat, and is connected to the engine's ignition
system. Many states require that the device be used by those convicted
of DUI especially repeat offenders.
Implied Consent Laws
These laws state that by simply having a driver’s license you consent
to BAC tests if pulled over for suspicion of a DUI. In many states, you
can refuse to take the test, but your license may be suspended.
License Revocation
A license revocation means your driving privileges have been revoked.
You will likely need to reapply for a driver's license after a
designated length of time.
License Suspension
In California, your drivers license can be taken your and driving
privileges suspended even before a trial or conviction of a DUI [link
to definition] for either failing of refusing the breathalyzer test. A
license suspension means you may not drive for the period of your
suspension. Driving privileges are typically administered by the
Secretary of State and not the court system. You, or your lawyer on
your behalf, may be able to negotiate a limited suspension, meaning you
may drive to and from work, but nowhere else an ALS (Administrative
License Suspension) [link] hearing.
Misdemeanor DUI
In California, this is a crime considered less serious than a felony.
These crimes never result in the loss of civil rights, but may result
in the loss of privileges such as professional licenses or public
employment. Many states treat a first DUI conviction as a
misdemeanor.
Open Container Laws
In California , these laws make it illegal to have or drink from an
open container of alcohol in designated areas. This law most commonly
applies to having alcohol in vehicles. Some jurisdictions even consider
drinking alcohol in a parked car a DUI offense.
Probation
In California, when you are convicted of a crime, such as DUI, the
judge may suspend part or all of your jail sentence, instead placing
you on probation. The judge can also place conditions on your probation
such as staying employed, abstaining from illegal behavior, and
following a probation officer’s orders. Jail time may be reinstated if
it is found the terms of probation are being violated.
Provisional (or Restricted) License
In California, a provisional license typically takes away certain
driving privileges. In regards to a DUI , a provisional or restricted
drivers license might be granted to someone to drive to and from work
only.
SR – 22
This is a Proof of Insurance Certificate that some states require your
car insurance carrier to provide after being convicted of a DUI.
Sobriety Checkpoints
These roadblocks are set up by law enforcement officers at a particular
location for a certain time period, usually late at night or early in
the morning on weekends, to randomly stop vehicles to investigate
drivers for possible DUI. If the officer believes the driver is
intoxicated, a detailed investigation follows, the same as if they
would have stopped you driving down the road.
Vehicle Impound/Immobilization
Vehicle impound is an option used by some states when there has been
more than one DUI conviction. The vehicle may be seized, or an ignition
interlock device [link to definition] may be installed in the vehicle,
requiring the driver to pass a breath test he/she can start the
vehicle.
Zero Tolerance BAC
Allowable blood alcohol content for minors (as defined by the state).
This percentage can be as low as 0% - meaning no alcohol content may be
detected or as high as 0.02%.
