Glossary of DUI Terms
ALS: Administrative License Suspension. The defendant (you) has ten days to request an administrative license suspense hearing. If you do not do not do this within ten days, your license will be suspended and it will not be legal to drive after your thirty day temporary permit expires.
Alcohol Absorption: Alcohol absorption is measured inside the blood, urine, and breath during chemical testing. The absorption rate is the rate at which alcohol enters the blood stream.
BAC: Blood Alcohol Content. This is the percentage of alcohol that someone has in their blood stream. In the stat of Georgia, the legal limit of is .08 percent alcohol in your blood stream. If you are a professional driver, or under the legal drinking age, the legal limit varies from 0.00 to 0.02 percent, depending on the state.
Burn-Off Rate: This is the rate at which alcohol enters the blood stream and metabolizes. Metabolization is the process in which the body turns food into energy. It varies depending on the particular body, such as weight, height, etc.
DPS: This stands for Georgia Department of Public Safety, the umbrella department over Georgia State Patrol, Capitol Police, and Motor Carrier Compliance Division.
Dram Shop Liability: “Dram shop” is an old-fashioned term for bar. The dram shop liability is the right of the victim or victim’s family to sue or press charges against the bar that served the drunk driver the alcohol that caused the DUI.
DS-1205: The DS-1205 is the form that the officer fills out when you are given an ALS suspension notice for either failing a breathalyzer test, giving an inadequate sample, or refusing to take it.
FST: Field Sobriety Test. This is the test that is administered by the police when someone is pulled over for DUI. Field sobriety tests include walking in a straight line, following the police officer’s finger with eyes (known as the horizontal gaze test or nystagmus test), or the one-leg-stand. There is also the test of being asked to recite the alphabet backwards. Generally these tests are governed by NHTSA standards and officers throughout the country are trained on the same standards to implement the tests.
Implied Consent: This means that when you are pulled over and arrested for DUI, you have already impliedly consented to a breathalyzer test. Even if you do not literally and verbally consent to the officer asking you to take a breathalyzer, you already have de facto, by virtue of having a Georgia driver’s license. (See Georgia Statue 40-6-391) If you do verbally refuse a breathalyzer test your license will be suspended through the ALS proceedings (administrative license suspension), also known as a DS-1205.
Limited Driving Permits: Limited driving permits are granted to people while their case is pending if the right appeal processes are gone through, and can be granted as part of the outcome of the case. While the appeal is pending you will have the same ability to drive as before the DUI. If convicted there is another limited driving permit some persons convicted of DUI can apply for. They are indeed very limited, allowing transport only to work, school, probation, alcohol treatment, and medical appointments. They are still better than having your license totally suspended however. (Georgia Statute 375-3-3)
Miranda Rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. ” In 1966, police got a rape and kidnapping confession out of an Arizonan named Ernesto Miranda, which was appealed and retried. The reason was because Miranda confessed because he was not read his rights.
Open Container: An open container is any alcoholic beverage with a broken seal. This includes a beer bottle, beer can, flasks, and even recorked wine bottles and rescrewed liquor bottles. The usual fine for an open container violation is a $200 fine maximum.
Zero Tolerance Policy: Zero tolerance is a term used by DPS for aggressive campaigns against drunk driving, which include checkpoints and enhanced highway patrol, with the primary goal of catching drunk drivers. Certain states enact zero tolerance laws when it comes to drinking under the age of 21, making it illegal to have any trace of alcohol in the system. This is not the case in GA, as the legal limit for someone under 21 is .02%.