When you’re facing a DUI (driving under the influence) charge, the legal process can feel confusing. Lawyers, judges, and officers often use legal terms that you may not understand. Knowing what these terms mean can help you stay informed, make smart choices, and work better with your lawyer. Below is a list of the most common legal terms you’ll hear in a DUI case, explained in simple words.
DUI (Driving Under the Influence)
This is the main charge in your case. DUI means driving a vehicle after consuming alcohol or drugs that affect your ability to drive safely. Many states consider a person legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher.
Some states use different terms like DWI (Driving While Intoxicated) or OWI (Operating While Intoxicated), but they mean the same thing.
BAC (Blood Alcohol Concentration)
BAC measures how much alcohol is in your blood. A BAC of 0.08% means you have 0.08 grams of alcohol per 100 milliliters of blood. Police use breath, blood, or urine tests to determine your BAC level.
A higher BAC usually leads to more serious charges or penalties.
Implied Consent
This means that by driving a car, you automatically agree to take a breath, blood, or urine test if a police officer suspects you of DUI. If you refuse, you could face license suspension, fines, or even arrest—regardless of whether you were drunk.
Field Sobriety Test
This is a set of physical tests police give you during a traffic stop to check for signs of impairment. The most common tests include:
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Walk-and-turn
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One-leg stand
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Horizontal gaze nystagmus (eye test)
Failing these tests can lead to a DUI arrest, but they are not always reliable.
Arraignment
This is the first court hearing in your DUI case. The judge will read your charges and ask how you want to plead: guilty, not guilty, or no contest. If you plead not guilty, the court sets a date for the next hearing or trial.
Plea Bargain
A plea bargain is a deal between your lawyer and the prosecutor. You agree to plead guilty or no contest to a lesser charge in exchange for reduced penalties. This can help you avoid jail or a long trial.
Always talk to your lawyer before accepting any plea deal.
Probable Cause
Police must have probable cause to stop you and make an arrest. This means they must have a good reason, such as swerving on the road, running a red light, or smelling alcohol during a traffic stop.
If there was no probable cause, your lawyer can challenge the arrest in court.
Per Se Law
A per se DUI means you are automatically considered drunk if your BAC is 0.08% or more—no other proof needed. Even if you were driving safely, you can still be charged just based on your BAC.
This law makes it easier for prosecutors to prove their case.
License Suspension
If you’re charged with DUI, the state may suspend your driver’s license. This can happen even before your trial if you refused a chemical test or failed one.
You may have the chance to request a license hearing to try to keep your driving privileges.
Ignition Interlock Device (IID)
An IID is a small device installed in your car that checks your breath for alcohol before the engine starts. If alcohol is detected, the car won’t start. Some judges order drivers with DUI convictions to use this device for a set period.
Misdemeanor vs. Felony DUI
Most first-time DUIs are misdemeanors, which are less serious charges. But if you cause injury, have a very high BAC, or have past DUI convictions, the charge could be a felony, leading to longer jail time and higher fines.
Sentencing
If you’re found guilty, the judge will give you a sentence. This can include:
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Fines
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Jail time
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Probation
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Community service
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Alcohol education classes
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License suspension
The sentence depends on your BAC, driving record, and other case details.
Diversion Program
Some states offer a diversion program for first-time DUI offenders. If you complete certain conditions like classes or treatment, the court may drop the charges. This helps you avoid a criminal record, but not everyone qualifies.
Expungement
Expungement is the process of removing a DUI charge from your record after you’ve completed your sentence and stayed out of trouble. Not all states allow DUI expungement, but if they do, it can help you move on without a criminal history.
Trial
If your case is not dismissed or settled with a plea bargain, it goes to trial. A judge or jury listens to the evidence and decides if you are guilty. You have the right to present your defense and challenge the prosecution’s claims.
Conclusion
Understanding the common legal terms used in DUI cases can make the legal process less scary and more manageable. From arraignment to trial, each step involves key terms you should know. With the help of a good DUI lawyer, you can learn how these terms apply to your situation and use them to make better decisions. Remember, knowledge is power—especially when facing serious legal charges like DUI.
