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DUI LEGAL GLOSSARY |
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Glossary of Driving Under the Influence (DUI) Legal Terms
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Reasonable Doubt: The 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 drunken driving cases) must be convinced in the defendant's guilt beyond a reasonable doubt. It
represents the highest legal standard in our country; it generally requires an
abiding conviction in the truth of each and every element of the charges.
Resting Nystagmus: Nystagmus that occurs as the eye 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 look backwards to
determine what the alcohol level was at the time of driving.
Rising Alcohol Defense: This defense is based on the idea 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; 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 alcohol level was 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.
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