DUI Dictionary
Drunk driving arrests, DUI / DWI arrests, cases involving driving under the influence of drugs (DUID), or the combination of alcohol and drugs, all seem to have their own language. Indeed, DUI / DWI criminal defense lawyers seem to have their own language as well. As any criminal defense attorney who concentrates on defending drinking and driving cases will admit, there are special terms which are not readily understood. The following are often-used (and not often easily understood) terms relating to DWI / DUI, drunk driving, drinking and driving, DUID (driving under the influence of drugs) and other related criminal arrests:
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Reasonable Doubt – This definition varies from state to state. Before someone may be found guilty of DUI or DWI, the jury (or judge in those states that do not allow a jury trial for drunk driving cases) must be convinced of the defendant’s guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction (long-lasting belief) in the truth of each and every element of the charges.
Resting Nystagmus – Nystagmus that occurs as both eyes are looking straight ahead.
Retrograde Extrapolation – This is the scientific term for the ability to look at someone’s alcohol level at the time of testing, and then look backwards to determine what the alcohol level was at the time of driving.
Reckless Driving – Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and similarly hazardous driving patterns. Reckless driving is one of several potential grounds for increased DUI penalties.
Rising Alcohol Defense – This defense is based on the fact that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving (sometimes long after); these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving (the critical time in a drunk driving case), the alcohol level would have been below the legal limit, even if it continued to rise until the time of testing.
Rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Rotational nystagmus occurs while the person is spinning.
