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DUI/DWI Terminology

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Administrative Hearing - the license hearing conducted by the State.

ADSAP - the Kansas Alcohol evaluation and treatment requirement.

Amendment - when a ticket is reduced to a non-moving or no-points violation.

BAC - breath alcohol concentration;  this is also the name for a lesser charge of DWI in Missouri.

Barber - someone you need when your hair gets long.  See DUI Lawyer.

Breathalyzer - a breath test machine about the size of a type-writer that is usually kept at the police station.

Circuit Court - this is the State Court or County Court in Missouri.

DC-27 - the suspension notice served by an officer in Kansas after a DUI stop.  See Pink Form.

District Court - this is the State Court or County Court in Kansas.

Diversion - a contract between the defense and the prosecution that if fulfilled results in the dismissal of the charge; used in Kansas for DUI and the duration is usually one year.

DL Hearing - another name for the administrative hearing.

DRE - drug recognition exam or drug recognition expert; physical tests given when drugged driving is suspected.  Very few officers have this training.

DUI - Driving under the influence; the same as DWI.

DUI Lawyer - someone you need when you're in trouble with the law.  You don't cut your own hair do you?

Dump Truck - a cheap lawyer who will walk you into court and plead you guilty without even trying.  There are lots of these guys out there dumping their clients in the courtroom.  Hire an experienced lawyer, not someone who dabbles in DUI cases.

DWI - Driving while intoxicated; the same as DUI.

Field Sobriety Tests - FSTs - these are Simon Says like tests given on the side of the road.  Their accuracy may be affected by a number of factors.  These tests are very subjective.  The tests include the HGN, the Walt and Turn, and the One Leg Stand.  Other dexterity tests, like the Finger to Nose, are not considered standardized and are generally given much less weight in court.

HGN - Horizontal Gaze Nystagmus - an eye test utilizing a pen or some other object (called the stimulus) for the subject's eyes to follow. 

Miranda Rights - rights read by an officer to a person in custody before they are interrogated.  If rights are not read before interrogation of the person in custody, then the answers to the questions may be kept out of court.

Municipal Court - this is the city court and where most DUI's go unless you are arrested by a Highway Patrol or Sheriff's Officer.

NHTSA - pronounced "Nitsa", this stands for the National Highway Traffic Safety Administration; the federal agency that created and promulgates the Standardized Field Sobriety Tests.

OUI - operating under the influence; an older name meaning the same thing as DUI/DWI.

PBT - Preliminary Breath Tester.  A small, much less accurate machine used to test alcohol on the side of the road.

Pink Form - the DC-27 or suspension notice issued by an officer in Kansas.

Rights - see Miranda Rights.

SATOP - the Missouri alcohol evaluation and treatment requirement.

SIS - Suspended Imposition of Sentence - an arrangement with the court and the prosecution that allows a charge to be dismissed upon the completion of some period of time; used in Missouri for DWI charges, the probation period is usually two years.

Suspension Notice - any notice suspending your license.  This notice can come from the State for too many tickets, or from an officer after a DUI.  If you get such a notice, call an attorney immediately.

Temporary License - officers will sometimes refer to the suspension notice as this.  Don't be confused.  Read the entire form ( front and back ), call a lawyer, and request a hearing immediately.

VGN - Vertical Gaze Nystagmus - similar to the HGN, but used for suspicion of drugs instead of alcohol.

 

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