DUI LEGAL GLOSSARY

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Driving: Usually, ability to exert control over the vehicle. Officers usually need not observe someone driving in order to arrest them for drunk driving. Circumstantial evidence of driving is typically sufficient to establish this element.

Drunk Driving: A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: first, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two that the driver cannot drive safely. Second, "drunk driving" relates to those cases where someone is above that state's legal limit, usually .08, no matter how safely the person is driving.

DUI: Driving under the influence. Can either refer to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of liquor and drugs. This is the most widely used acronym for drunken driving cases. The standard for what it means to be under the influence will vary from state to state. It is important to contact a lawyer in your area that knows DUI law if you have been accused of 
DUI or a related drunk driving offense.

DUII: Driving under the influence of an intoxicant. The intoxicant in DUII cases can be either alcohol or other drugs. There is no difference between a charge of DUII and DUI. A DUII charge is no more or less serious than that of DUI. However, Oregon, the state that refers to drunk driving as DUII, does have a pre-trial diversion program that many other states do not offer. Before you get involved in any diversion program, please talk to a DUI defense lawyer, as there are pros and cons to these types of programs.

DUIL or OUIL: Driving under the influence of liquor. Operating under the influence of liquor. 

DWAI: Driving while abilities impaired. This acronym is used in Colorado to refer to a lesser charge that is related to drunk driving, but does not carry all of the same consequences and punishments. A DWAI conviction, in those few states that offer DWAI, may not be considered a prior conviction for drunken driving purposes in other states. 

DWI: Driving while intoxicated, or driving while impaired. Like DUI, DWI can refer to driving while intoxicated or impaired as the result of either drinking alcohol or taking drugs, or both. This is the second most widely used acronym for drunken driving cases. Like DUI, the question of how to define being intoxicated or impaired is at the heart of a drunken driving case in jurisdictions that use 
DWI. It is critical to consult with a DWI lawyer in your area that understands these sophisticated issues.

DWUI: Driving while under the influence is a phrase that is infrequently used to refer to drunken driving cases. When this acronym is used, it refers to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of alcohol and drugs.

Dismissal: If your OUI is dismissed, that usually means the case is over, and you've won without having to go to trial. The judge may dismiss your case at motion hearing if there is evidence that your rights were violated during the stop of the vehicle, or a host of other reasons, if the evidence against you is weak. The judge can dismiss a case with prejudice, which means the DA can't re-file the case against you, or without prejudice, which means the DA can chose to re-file and try again to convict you.

DISCLAIMER: The information contained within this personal injury site is of a general nature and is not meant to be a restatement of any rules of law. Your use of this site does not create an attorney-client relationship. You should hire an attorney to obtain legal advice for your specific case. 
© Copyright 2004, Consultwebs.com, Inc., All rights reserved. Personal Injury Law Glossary.

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