DUI/DWI Terms and Definitions

Drunk driving penalties
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days. Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.

Horizontal Gaze Nystagmus (HGN)
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.

Child endangerment
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.

Vehicular Homicide
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

Arraignment
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.

Public Intoxication
Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor

Field Sobriety Tests
Field Sobriety Tests sometimes referred to by the acronym FSTs, are tests administered by the police to purportedly assess intoxication.

OUI
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.

Breathalyzer
Breathalyzer is the trademark (of National Draeger, Inc. which acquired the Breathalyzer division from Smith and Wesson) for the most commonly used breath-testing device in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol reading.

Controlled Substances
Health and other public concerns have generated detailed Federal and state regulation of the sale and possession of alcoholic beverages, tobacco products, and a wide range of other "controlled substances."