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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PAS Test – Preliminary Alcohol Screening Test.
Pathological Disorder – Disruptions of the normal functions of organs of the body due to disease, illness, or damage.
Pendular Nystagmus – Nystagmus where the eye oscillates or swings equally in two directions.
Per Se Laws – Laws that declare it illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breath test. In most states, the per se limit is .08% or greater. Violating the per se law has nothing to do with one’s ability to drive a car safely; it is based solely on body chemistry. The only question is whether the driver was above the legal limit at the time of driving. NOTE: Since breath or blood testing always takes place after the time of driving, it does not directly answer the question of BAL at the time of driving. The alcohol level at the time of testing may be higher, lower, or the same, when compared to the time of driving.
Physiological Nystagmus – A nystagmus that occurs allowing light entering the eye to continually fall on non-fatigued cells on the retina. Physiological nystagmus is so slight that it cannot be detected without the aid of instruments, and it occurs in everyone.
Positional Alcohol Nystagmus (PAN) – Positional nystagmus when the foreign fluid is alcohol.
PAN I – The alcohol concentration is higher in the blood than in the vestibular system.
PAN II – The alcohol concentration is lower in the blood than in the vestibular system.
Positional Nystagmus – Nystagmus that occurs when a foreign fluid is in unequal concentrations between the blood and the fluid in the semicircular canals of the vestibular system.
Post-rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Post-rotational nystagmus lasts for only a few seconds after a person stops spinning.
Provisional (or Restricted) License – A provisional license typically denies certain driving privileges. For instance, in a DUI context, a person with a provisional driver’s license will only be allowed to drive to and from work.
