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Absorption: The taking of alcohol from outside the body into the bloodstream. Peak absorption is the highest level of blood alcohol; seen before BAC begins to diminish.

Acid: A compound capable of donating a hydrogen ion (H+) to another compound.

Administrative Sanctions: Penalties imposed by the San Diego Department of Licensing. These sanctions are separate from San Diego District Court or San Diego Municipal Court penalties.

Alcohol: A carbon-containing compound with an oxygen-hydrogen bond.

Alcohol Evaluation: An assessment conducted by a California state-certified drug and alcohol treatment agency to evaluate the defendant's alcohol usage patterns, potential problems, and recommended treatment. Evaluation takes approximately one hour. Treatment lengths mandated for San Diego DUI charges may vary from one eight hour class to two years of ongoing treatment.

Addiction: Refers to both the physical craving for a chemical and to the psychologically learned behavior in which the person develops a primary relationships with a chemical (i.e., it comes before everything else). This term can be used interchangeably with the terms alcoholism, drug addiction, harmful dependency, and chemical dependency.

Alveoli: Small sacs in the lungs through whose walls air and other vapors are exchanged between the breath and the blood.

Analgesic: A drug or substance that lessens or eliminates pain.

Anticoagulant: A substance that prevents coagulation or clotting of the blood.

Arraignment: This is usually scheduled for the next date the court is open after your arrest for DUI in San Diego County. You will be formally informed of the charges against you, the court will enter a plea of not guilty for you and will provide you with a date to return for a pre-trial conference or pre-trial hearing on your DUI charges.

BAC: Blood-alcohol concentration. The percentage amount of alcohol in a person's bloodstream.

BAC Datamaster: Machine that measures BAC according to the amount of alcohol concentration on the breath. In San Diego the legal limit for DUI related crimes is .08%.

BAC Test Refusal: Refusal to blow into the BAC Datamaster or take a bloodtest as and when requested by a San Diego Police Officer.

Base: A compound capable of accepting a hydrogen ion (H+).

Breathalyzer: A portable machine used by San Diego Law Enforcement personnel to measure the BAC of suspected drunk drivers.

Burn off: This is where it is determined how fast the body can eliminate alcohol from the system through the organs of our body. This varies from person to person depending on many factors, such as weight, age and more.

Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.

Defendant: Person accused of a crime.

Deferred Prosecution: Prosecution of the case is deferred for five years during which time the defendant receives intensive drug or alcohol treatment in a California state-certified treatment program. The DUI case is dismissed at end of five years if the treatment program is successfully completed. Only one deferred prosecution is allowed in a lifetime in San Diego for DUI charges. It also counts as a prior offense if subsequently charged with DUI.

Disposition: This term refers to what happens if you plead guilty or are found guilty. It can include jail or probation and may include the condition that you remain drug or alcohol free.

Distribution: The moving of alcohol from the blood to the tissues.

Driver's License Suspension: The temporary withholding of driving privileges. In San Diego, a DUI offender's license is withheld for a given period, then returned when and if certain criteria have been met.

Driver's License Revocation: The cancellation of driving privileges. In San Diego, the DUI offender must reapply for a California driver's license after a designated length of time.

Driving: This is the operation of a vehicle where you are in control. In San Diego, law enforcement officers do not need to see you behind the wheel in order to lay charges. They can use circumstantial evidence, which is sufficient to cite and / or arrest you.

Driving Under the Influence (DUI): This is in reference to the state of a driver after consuming too much alcohol or drugs when they are operating a vehicle, and the criminal cases that arise from such situations. This is applied to someone over the California state limit of .08% BAC.

Driving While Intoxicated (DWI): This term is often used in drunk driving cases and refers to driving or operating a vehicle while under the influence of alcohol. This can also be used in the case of driving under the influence of drugs. Defining intoxication is the heart of the DWI charge in San Diego County.

Drunk Driving: This is when an operator of a vehicle has consumed enough alcohol to inhibit him or her from driving in a safe manner. This also relates to San Diego DUI limit .08% BAC. In San Diego, DUI is deemed as drunk driving if you are at or over the legal limit, regardless of how safely you are operating the vehicle.

DUBAL: Finally, two other acronyms crop up in cases occasionally. DUBAL or UBAL is a type of DUI / DWI that signifies driving with an unlawful blood alcohol level. This applies only to cases in which the person arrested has given a blood, breath or urine sample. Officers or court cases (or your attorney) may call this “per se” DUI or “per se” DWI. In short, this means, it is an offense to merely have driven while having the prohibited amount of alcohol in your system regardless of whether the police officer gathers any traditional evidence of “impairment”. UBAL Same as DUBAL.

DUI: Driving under the influence of alcohol or drugs. A crime that can result in fines, suspension or revocation of driver's license, or jail time. DUI This generally is interpreted as an abbreviation for driving under the influence. By far, the most common impairing substance is ALCOHOL. However, many states also prohibit DUI DRUGS and DUI TOXIC VAPORS (sniffing or huffing paint fumes, butane, paint thinner and similar chemicals).

DUIL: DUIL (driving under the influence of liquor) is used in a few states in DUI case law. Oregon uses DUII (driving under the influence of an intoxicant). DWAI is used n two states; Colorado and New York, the acronym “DWAI” (driving while ability impaired) is a LESSER INCLUDED OFFENSE to DWI (or DUI). These “lesser offenses” offer the person less damage to their driver’s license, and have certain benefits over pleading to the standard DUI / DWI offense. One state, Wyoming, uses DWUI (driving while under the influence).

DWI: Driving while intoxicated. See DUI. DWI, The next most common DUI term used in San Diego Drunk Driving case law. DWI is typically interpreted as an abbreviation for driving while intoxicated or driving while impaired. Like DUI, many states proscribe impaired (or “intoxicated”) driving as caused by impairing substances other than alcohol, such as drugs, plants or chemical compounds.

Electronic Home Monitoring (EHM): An alternative to jail time where by the defendant serves his or her jail time at home. This is monitored electronically usually through an ankle bracelet, but rarely an option in San Diego DUI cases and convictions.

Elimination: The removal of alcohol from the body.

Excretion: Elimination of alcohol from the body in an unchanged state.

Enhancements: In San Diego DUI cases, drunk driving enhancements are factors that can influence the punishment of a DUI case. DUI enhancements may include such things as breaking the speed limit while driving under the influence, having an accident while driving above the legal limit of .08% BAC, refusing to take a Breathalyzer, and having prior DUI convictions, all of which increase the seriousness and penalties of a drunk driving case.

Extrapolation: The process of computing BAC at a given time using physical characteristics of the drinker, the quantity of alcohol consumed, the period of time over which alcohol is consumed, and when the alcohol was last consumed. Sometimes referred to as retro-grade extrapolation.

Field Sobriety Test: This is a test given for DUI in San Diego County that is conducted on the roadside when drivers are stopped by police and suspected of driving drunk. This test is designed to determine sobriety or intoxication via eye motion and motor skills of the driver. San Diego Police Officers require DUI suspects to perform multiple tasks in an effort to determine the condition of the driver of the vehicle.

Fuel Cell: A detector in which chemical reactions are used to produce electricity.

Gross Misdemeanor:In San Diego, this class of crime conviction can carry a sentenceof no more than one year and a fine of no more than $5000. Most San Diego DUI charges are classified gross misdemeanors.

Henry's Law: A law of physical chemistry which states that at a certain temperature (34°C) the concentration of a volatile substance (alcohol) in the air above a fluid is proportional to the concentration of the volatile substance in the fluid. Diffusion of blood alcohol into deep lung air is governed by this principle.

Ignition Interlock: A machine connected to car's ignition that checks for the presence of alcohol in the driver. The driver is required to blow into the mechanism in order to start the car and continue to periodically blow into the interlock device to keep the car in motion.

Impaired Driving: In San Diego, Impaired Driving is defined as: Operating any motor vehicle while one's faculties are affected by alcohol and/or other drugs, medications, or other substances. The term "impaired driving" includes, but is not limited to, impairment as defined in California Statutes.

Impairment or Intoxication: Terms used in San Diego to describe driving while intoxicated or driving while impaired. Different states have different standards for this term.

Intervention: A structured process in which the delusional system (denial) of an addicted person is confronted in a caring, objective, and non-judgmental manner so that the person receives help (evaluation, treatment) for his or her substance abuse problem (disease, illness).

Jerk Nystagmus: This happens when your eye can follow a point of focus and drift slowly away from it, but quickly adjusts itself with a jerky movement back to what it's attempting to to follow and focus on.

License Revocation: Administrative sanction whereby a San Diego drivers' license is taken away for DUI charges. To have a driver's license reinstated in San Diego County, a DUI defendant must show proof of SR22 insurance (high-risk insurance), retake the California driver's examination, and pay a $150 reissue fee to the California DMV.

License Suspension: Administrative sanction whereby drivers' license is taken away in San Diego for DUI charges. To become reinstated a a licensed driver in San Diego, a DUI defendant must show proof of SR22 insurance (high-risk insurance), and pay a $150 reissue fee to the California Department of Motor Vehicles. (Same as license revocation, however, re-examination of the DUI defendant is not required in San Diego County for driver's license suspension of drunk driving charges).

Metabolism: The breakdown of alcohol within the body (90-95% of absorbed alcohol is metabolized by the body, mostly in the liver). Sometimes referred to as "burn-off."

Motion Hearing: There are two different kinds of motions in the San Diego DUI process (a request for the court to do something); 1) motions to force the prosecution to turn over evidence and / or facts they wish to withhold and 2) motions to prevent the prosecution from using evidence against you in your DUI case (motions to suppress)

Not guilty: This is a plea term used in court to state your innocence of the DUI charges laid against you, and / or a verict returnedc by a San Diego Jury upon hearing the case against you for DUI. This term is what everyone facing a San Diego drunk driving case hopes to hear, and in most cases, should plead.

Open Container: Any open alcohol container to which the driver or passengers in a vehicle have access to. The offense of having an open container of alcohol inside the passenger compartment of your vehicle.

OUI: Defined as operating under the influence of a drug or alcohol. There are many factors that contribute to making this a very difficult question and many things have to be taken in to consideration before a judgment can be passed. OUI is a common acronym that stands for operating under the influence. The word “operating” is actually more encompassing (and more accurate) than “driving” because almost all states make it illegal to “operate or be in actual physical control” of a motor vehicle while legally impaired. San Diego DUI laws are written as such that you can be sitting in your car, pulled off to the side of the road, with the engine running and the car in park, and asleep, yet still be arrested and charged with DUI, DWI or OUI. The states that have OUI as their acronym are Maine, Massachusetts, and Rhode Island. OWI is another acronym used for driving crunk charges, or operating while intoxicated. Similar to OUI, the operative word is “operating”. Wisconsin is the largest state using this acronym. OMVI (operating a motor vehicle while intoxicated) is an acronym used in Ohio from time to time, but they also use DUI.

OWI: Operating while intoxicated. See DUI.

Oxidation: The combination of oxygen with other substances to produce new products.

Partition Ratio: Standard Ratio: 2100 ml. of alveolar air will contain the same amount of alcohol present in 1 ml. of blood with which it has come to equilibrium.

Per se laws:These are laws in that make it illegal in San Diego to drive a vehicle under the influence of either alcohol or drugs at a certain level. This San Diego DUI law is based only on the body’s chemistry; the only thing to determine with this law is whether you were above or below California's legal limit of .08% BAC.

pH: A symbol used to express the basicity or acidity of a substance. A pH of 7 is neutral: lower values are acidic, higher values basic.

Pharmacology: The basic medical science dealing with the interactions between drugs and living systems.

Physical Dependence: Physiological need for a drug that has been brought about by its regular use. Dependence is characterized by physical sickness and withdrawal symptoms when administration of the drug is abruptly stopped.

Plea Bargain/Agreement: The San Diego DUI defendant enters into an agreement that, by entering a plea to the charge or a lesser offense, the prosecution will move for: dismissal of other DUI related charges or counts, recommend a particular sentence, agree to file a particular charge, agree not to file other charges, or make other agreement with the drunk driving defendant.

Pre-trial Conference or Pre-trial hearing: In a San Diego DUI related case, it is when a pre-trial conference report is filled out by your DUI defense lawyer and the prosecutor. This report sets out what information and evidence is going to be exchanged regarding the DUI charges against you and what is going to happen next on the case.

Proof: The Measure of the alcoholic content. Equals 2 times the % of Alcohol. The history of Proof- In the past, distillers measured proof by mixing equal amounts of gunpowder and whiskey in small amounts and lighting the mixture with a match. If the mixture of whiskey and gunpowder failed to burn, the whiskey was considered too weak. If the mixture burned with a steady blue flame it was considered "proof" that the alcoholic content in the whiskey was adequate . In general : One Beer (12 oz, 4.5%) = One Glass of Wine (4.5 oz, 12%) = One Mixed Drink (1.5 oz, 40%)

Psychological Dependence: The conditioned use and perceived need for a drug caused by underlying emotional needs.

Readiness Hearing:In San Diego DUI cases, the readiness hearing follows the DUI pretrial and precedes the actual DUI jury triall. Dui Defense Attorneys advise the San Diego Court that they are ready for trial and schedule the hearing date. Often additional negotiations are undertaken at the DUI readiness hearing.

Reckless Driving: Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and similarly hazardous patterns.

Serum: The component of blood that is obtained when the cells and clotting factors are removed from the blood.

SFST: Standard Field Sobriety Test - Simple exercises meant to test a person's sobriety frequently used by San Diego Police Officers to determine whether a motorist suspected of DUI is intoxicated. Typically delivered in San Diego at roadside to test a suspected driver's mental awareness, speech, and / or physical coordination.

Tolerance: The ability of a person to adapt and maintain their behavior to disguise the effects of alcohol consumption.

Toxicologist: A specialist who has the responsibility of detecting and identifying the presence of drugs and poisons in body fluids, tissues, and organs.

Toxicology: The study of the adverse effects of chemicals on living organisms.

Treatment: A structured program which has an identifiable plan for addressing the alcohol and / or other drug problems of each client. In San Diego, the alcohol and drug treatment program may include education, individual, group or family counseling, and address all relevant aspects of the patient's life. Types of San Diego alcohol and drug treatment programs include detoxification, impatient treatment, outpatient, and intensive outpatient treatment.

Trial: In San Diego DUI cases, a twelve person jury or one person judge will decide whether a drunk driving defendant is guilty or not guilty of DUI related charges. San Diego DUI trials typically last between 1 and 3 days.

Victim's Panel: Two hour class taught by local San Diego DUI victims to relate their experience to people who have been charged or convicted of a DUI or alcohol related offense in San Diego County.

Witness: A person who can provide testimony on behalf of the prosecution or DUI defense.

Zero Tolerance: In San Diego DUI cases, zero tolerance is the state's right to convict minors with virtually any amount or presence of alcohol in their bloodstream. In many San Diego drunk driving cases involving minor defendants, this amounts to a BAC of .01%, which much less than the legal limit for adults charged with DUI related offenses in San Diego County.

G. Cole Casey heads the top San Diego drunk driving defense firm. As a well known San Diego DUI lawyer, his proven track record and DUI Jury Trial Case Results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  eMail Cole directly   now to discuss a legitimate and effective defense strategy for your driving under the influence case.