Standard Drunk Driving Terms and Definitions

What You Need to Know About Drunk Driving Terms and Definitions

Drunk Driving or Drugged Driving terms and definitions are complicated and confusing. The cases that fall under these two categories have different variations of the terms and practices surrounding these crimes. If you face driving under the influence of alcohol or drug charges, you need legal counsel to guide you through the process, and LEWIS & DICKSTEIN, P.L.L.C. can help!

This information is here so you can get a snapshot of the charge and the court’s language during the case. Although the material listed below will clarify, it cannot replace an experienced and dedicated attorney. Here are the basic drunk driving terms and definitions you need to know.

The standard interchangeable catchall terms are DUI or OWI, which are acronyms for Driving Under the Influence and Operating While Impaired. Again, this could indicate driving under the influence of alcohol or drugs. Other common acronyms used relative to these types of charges are:

DWI- Driving While Intoxicated or Impaired
OUI – Operating under the Influence
OUIL – Operating under the Influence of Alcohol
OUID – Operating under the Influence of Drugs (including prescription medication and marijuana)
OWI – Operating While Intoxicated
OWVI – Operating While Visibly Impaired

There are two classifications of charges for drinking and driving cases.

Misdemeanor – a charge that carries a penalty of up to $1000 and up to one year in jail.
Felony – a charge that carries a penalty of $200 to $1000 and 30 days up to 20 years in prison.

Most drunk driving terms and definitions are the same for felony and misdemeanor charges. The prosecutor can charge someone with felony OWI when the accused has two prior OWI or alcohol-related driving convictions or if there is a serious injury or death.

drunk driving terms definitions defense attorney

Terms and Definitions Associated with OWI Penalties and Consequences

A drunk driving conviction can have far-reaching and lasting collateral consequences beyond immediate legal penalties like probation, fines, license suspension, and jail time. It often leads to higher car insurance premiums or even difficulty securing insurance. A conviction on one’s driving record can create employment challenges, especially for jobs requiring driving or in fields like law enforcement, healthcare, or transportation, where public trust is critical.

For students, a conviction can impact financial aid, result in school disciplinary actions, and hinder admission into academic or professional programs. Socially, a DUI conviction can strain relationships, damage reputations, and carry significant stigma within the community. Non-citizens face potential immigration consequences, including deportation, inadmissibility, or naturalization denial. Travel to some countries, such as Canada, may also be restricted due to strict entry rules for those with DUI convictions.

Financially, a conviction could harm credit ratings and lead to liabilities from civil lawsuits if property damage or injuries occurred. The emotional toll can be severe, with stress, depression, and anxiety often accompanying the legal and social fallout.

More Drunk Driving or Drugged Driving Terms and Definitions

If you face allegations of drunk driving or any similar offense, there are basic drunk driving terms and definitions that would be helpful for you to understand.

BAC – Blood Alcohol Content is the amount of alcohol detected in an individual’s bloodstream. It depicts the level of intoxication. The limit in Michigan is .08.
Breathalyzer – A device that an individual will blow into that will measure alcohol presence within the body. The result of a breathalyzer test is admissible as evidence.
Preliminary Breath Test – A test where an individual will blow into a device to measure alcohol presence within the body. This may also be referred to as a PBT and is generally not admissible in court.
Chemical test – A test that will measure the level of alcohol or drugs present within the body.
Conviction – A decision of guilt rendered in the criminal case following a trial or plea.
Defendant – The individual charged with drunk driving.
Field Sobriety Test – A test conducted when a law enforcement official suspects impairment and requests a variety of physical function tasks to determine if a person is intoxicated.
License Suspension or Revocation – A temporary or indefinite loss of driving privileges that will require either a reinstatement fee or a hearing to regain the legal right to drive.
Plea Bargain – An agreement between the Prosecutor and the Defendant to enter a guilty plea to a lesser charge.
Probable Cause – The police must have a viable reason for pulling you over, such as a traffic violation.
Prosecutor – The legal representative for the City or County in which the charge arose

Michigan drunk driving defense attorneys

What should you look for in a drunk driving defense attorney?

When hiring a top lawyer for a drunk driving defense, it is crucial to prioritize specific attributes and qualifications to ensure the best possible legal representation. Start by looking for an attorney with extensive experience in DUI or OWI cases, as they will have a deep understanding of the complexities and nuances of this area of law. It’s beneficial if the lawyer has a proven track record of successful case outcomes, demonstrating their ability to navigate the legal system effectively and achieve favorable results for their clients.

Expertise in OWI Defense

Expertise in field sobriety tests, breathalyzers, and blood tests is essential since challenging the accuracy of these tests can be a critical component of a drunk driving defense. A top lawyer should be well-versed in identifying procedural errors, equipment malfunctions, or issues with the handling of evidence that could lead to the dismissal of charges or reduction of penalties.

Communication Skills

In addition to technical knowledge, look for an attorney with excellent communication skills, as they will need to articulate your defense clearly and persuasively, both in written motions and in court. They should also be adept at negotiating with prosecutors to secure plea bargains when it is in their client’s best interest.

Committed to Winning

Ensure that the attorney is responsive and attentive, demonstrating a commitment to your case and understanding the urgency and gravity of the situation. They should be available to answer your questions, provide guidance, and keep you informed throughout the legal process. The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. will keep you informed, provide regular updates, and promptly return calls and emails. We do not want to be another source of stress for you!

Reputable and Influential

Consider the lawyer’s reputation within the legal community, client reviews, and testimonials. A top lawyer will have earned respect from their peers, including judges and prosecutors, and will have positive online feedback from previous clients. Additionally, they should be in good standing with the state bar association.

Fair Legal Fees

Finally, assessing the lawyer’s transparency regarding fees and costs associated with your defense is essential. A top lawyer will provide a clear and straightforward explanation of their fee structure, ensuring that there are no hidden costs or unexpected expenses. The best drunk driving attorneys use written fee agreements that are clear, easy to understand, and prevent future legal fee surprises.

Specialized Training

The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have taken advanced training through the National Highway Traffic Safety Administration regarding OWI investigation, field sobriety testing, and the Intoxilyzer 9000. We can provide our clients with the best possible defense by utilizing a team of defense attorneys’ combined skills and knowledge.

By focusing on these critical criteria, you can identify a top drunk driving defense attorney with the expertise, experience, and dedication necessary to provide the best possible defense and navigate the challenges of your case. If you call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation, we will take the time to talk with you, answer your questions, and work with you to develop a winning strategy!

Experienced Drunk and Drugged Driving Defense

An experienced attorney from LEWIS & DICKSTEIN, P.L.L.C. can offer additional information and a ferocious defense for any drunk/drugged driving offense. The highly effective OWI and DUI defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience and a well-known track record of success in district and circuit courts throughout Michigan. Call us for a free consultation and confidential case evaluation. If you need clarification on any drunk driving terms and definitions, we are here to help.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.