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Vehicular Homicide
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.
Horizontal Gaze Nystagmus (HGN)
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.
Legal State Limits
Laws for DWI and DUI vary from state-to-state. There is a chart listing state blood alcohol limits, license suspension, ignition interlock and forfeiture penalties.
Administrative License Revocation (ALR)
Simply put, the DMV automatically revokes your license when you are arrested for DUI as part of its duty to regulate drivers’ licenses. (The court may also take your license, and may also fine or jail you.)
Failed Sobriety Test
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.
OUI
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.
Arraignment
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.
Ignition Interlock Devices
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.
Drunk driving penalties
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days.
Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.
Boaters Intoxication
Drinking While Boating Open containers are legal, but operators of boats are subject to boating while intoxicated laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws
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