Common DWI Terms and Phrases
Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream.
While alcohol sits in the stomach, its absorption is delayed. Absorption
rate will be affected by how much was eaten, individual biologic differences,
and what type of beverage was consumed. When drinking continues over a
course of hours, both absorption and elimination (metabolizing of alcohol)
may be happening simultaneously.
Administrative License Revocation: A law that allows the prompt suspension of the license of drivers arrested
for Driving While Intoxicated (DWI) when a driver has a BAC above a 0.08,
or if a driver refuses to take a blood or breath test.
BAC: Acronym for blood alcohol concentration. BAC refers to the amount of alcohol
in your bloodstream and is measured in percentages. BAC can be measured
either by breath, blood, or urine testing and is often used by law enforcement
to determine whether or not a driver is legally intoxicated.
Breathalyzer: A portable breathalyzer is sometimes used by law enforcement to estimate
the BAC of suspected drunk drivers. Measurements or readings from this
handheld device are not admissible in Texas courts other than to show
the presence of alcohol. Breath test results that are admissible in court
come from a device that is calibrated more often and checked daily pursuant
to DPS rules. These larger and more complex machines (such as the Intoxilyzer
5000 in Texas) are usually located at the jail and are only administered
after an arrest for DWI.
Chemical Test: The Texas Alcohol Breath Testing Program requires that in each breath
or blood test certain guidelines must be followed. A DWI lawyer will thoroughly
review each case to ensure that the person giving the test and the person
testifying about the results of the test have complied with all scientific
rules, regulations, and laws. If any of these requirements have not been
met, various motions to suppress the results of the chemical tests can
be filed and argued. In addition, there are other areas that may affect
the validity of a breath or blood test. These areas include: residual
mouth alcohol; the body temperature of the suspect taking the test; and
certain medical conditions of the suspect taking the test.
Community Service Restitution: A minimum of 40 hours of community service is typically required as a condition
of probation in Denton County. The length of community service can be
increased significantly based on the facts of the case and individual
needs of the client.
Driver License Suspension: DPS can pursue an administrative license revocation ("ALR")
after a DWI arrest. The length of the suspension depends on a number of
factors including your age, whether or not you consented to a breath or
blood alcohol test, and whether you have a commercial driver license.
An additional one-year license suspension can be enforced upon a convicted
for DWI. Attending a DWI education class may eliminate that license suspension,
and a judge may also grant an occupational driver license based on need.
Driver Responsibility Act Surcharges: Texas imposes a surcharge for a DWI on top of regular fines. The surcharge
is $1,000 per year for three years for a first DWI conviction, $1,500
per year for three years for a second DWI conviction, and $2,000 for a
first or subsequent conviction if the persons BAC level was double or
more the legal limit (0.16).
DUI: Driving Under the Influence - this offense is a Class C Misdemeanor and
is reserved only for individuals younger than 21 years of age.
DWI Education Program: First time offenders must complete a 12-hour DWI Education Program during
the first 180 days of probation.
Elimination Rate: The rate at which alcohol in the body is metabolized and eliminated from
the blood stream.
FST: Acronym for Field Sobriety Tests. A series of standardized physical and
mental coordination tests designed to help officers decide whether a driver
is intoxicated. The 3 FSTs standardized by the National Highway Transportation
Safety Administration (NHTSA) include the Horizontal Gaze Nystagmus test
(HGN is the involuntary jerking of an eye as it moves across a horizontal
plane), the Walk and Turn test, and the One Leg Stand. There are other,
non-standardized tests, which include reciting the alphabet from a certain
letter to a certain letter (D-Q, for example) and counting backwards and
remembering to stop (56-23, for example). Field Sobriety Testing is highly
subjective, but if the officer concludes a driver is intoxicated, and
the officer does not get a breath or blood specimen to test the BAC, often
times the FSTs are the State's only evidence of DWI at trial.
Ignition Interlock Device: An ignition interlock device is an in-car alcohol breath-screening device
that prevents a vehicle from starting if it detects a blood alcohol concentration
(BAC) over a pre-set limit of .02. The device is located inside the vehicle,
near the driver's seat, and is connected to the engine's ignition
system. The device is required for all Class A DWI offenders during probation
(persons convicted of DWI with a BAC of 0.15 or higher or DWI 2nd offense).
Implied Consent Laws: Texas has an implied consent law which states that because you have a
driver license, you have, by implication, consented to have your blood
alcohol concentration measured after an arrest for DWI. This law is what
allows Texas DPS to enforce a driver license suspension upon your refusal
to provide a test.
Intoxilyzer: A brand name for the blood alcohol breath-testing instrument used in Texas.
Although there are more current models available and used by other states,
the model used in Texas is the "Intoxilyzer 5000".
Rights: The formal warnings police must recite prior to questioning someone who
is already under arrest. These warnings include the right to remain silent
and the right to have a lawyer present before and during any questioning
while in custody.
Miranda Rights are seldom relevant in DWI cases because law enforcement officers
typically question a driver about the offense during the investigation,
prior to arrest. However, if after a person is arrested and taken to the
jail for breath testing or to the hospital for blood testing the officer
wants to ask additional questions regarding the offense, he or she must
advise you of your rights under
Occupational Driver License: An occupational driver license ("ODL") may be issued based on
"essential need" and usually only when the court orders an offender
into alcohol assessment/rehabilitation. In Denton County it is common
for the judge to order a few meetings at an Alcoholics Anonymous group
or some other type of alcohol counseling.
Refusal: If you refused a chemical test, the law enforcement and the prosecutor
will attempt to use your refusal as evidence of guilt. Before your refusal
to take a certain test can be admitted, the state must meet certain evidentiary
Regurgitation: Ejecting some stomach contents up into the throat or mouth. When there
is mouth alcohol present during a breath test, an Intoxilyzer can be fooled
into thinking that the blood alcohol level is much higher than it is.
A breath test operator administering the test is supposed to observe a
suspect for a minimum of 15 minutes to ensure he or she does not burp
or regurgitate prior to the test. A cloud of alcohol burped up into the
mouth will invalidate the breath test results and should be reflected
on the breath test print out itself.
Vehicle Impound: Vehicle impound is the process of an officer releasing a vehicle to a
tow company for impound after a driver has been arrested for DWI. Sometimes,
if the passenger is not intoxicated, police will ask a driver's permission
to release the car to the sober passenger. However, these policies do
vary from agency to agency.