Home Practice Areas DUI & OVI Defense Definitions of DUI Terms

Definitions of DUI Terms

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DUI: Driving Under the Influence
DUI is an acronym for Driving Under the Influence. It is the offense of operating a motor vehicle in a physically or mentally impaired condition, especially after consuming alcohol or drugs.

OVI: Operating a Vehicle under the Influence (OHIO)
Ohio adopted a new OVI (Operating a Vehicle under the Influence) violation on January 1, 2004, replacing DUI (Driving Under the Influence) and OMVI (Operating a Motor Vehicle under the Influence).

BAC: Blood Alcohol Concentration
The amount of alcohol in the body measured by either testing blood or estimated by tests that use breath, urine or saliva. All states have set the illegal level of Blood Alcohol Concentration to 08%. However, in Kentucky, drivers can be convicted at levels lower than .08% based on additional evidence which indicates impairment. Kentucky also sets the BAC level lower at .04% for commercial drivers and .02% for drivers under 21 years of age per the Zero Alcohol Tolerance rule. Visit the free BAC Calculator.

BrAC: Breath Alcohol Concentration
Breath Alcohol Concentration is utilized by law enforcement to estimate a driver's Blood Alcohol Content (BAC). In order to truly determine Blood Alcohol Content (BAC), a blood sample must be obtained.

Partition Ratio
The ratio of BrAC to BAC (2100:1), an "average" that typically applies to most individuals. The actual ratio can vary substantially by individual from 1300:1 to 3100:1. These ratios can have a substantial influence on the accurate assessment of a driver's actual level of intoxication. A qualified DWI or DUI defense attorney knows to address whether or not the estimated Blood Alcohol Content (BAC) determined by the breath testing device was indeed correct.

ALS: Administrative License Suspension (OHIO and KENTUCKY)
If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately. Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years. The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

Boaters Intoxication
Operators of boats are subject to "boating while intoxicated" laws, similar to driving a vehicle. Operators or passengers may also be subject to public intoxication laws.

Ignition Interlock Devices
Device that requires a driver to "blow into it" in order to start the vehicle. The vehicle will not start if the blood alcohol content exceeds 0.05%. Courts may require first and repeat DUI offenders to use Ignition Interlock Devices.



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