DEFINING DUI TERMS

APS or Administrative Per Se Drunk Driving Cases

In many states, there are two separate cases that arise from a single drunk driving arrest: the court case, and the Administrative Per Se, or APS case, with the Motor Vehicles Department. In cases where someone is arrested for DUI, DWI, OUI, OWI, or a related drunk driving charge, and gives a breath or blood test with results that are above the legal limit, the Motor Vehicles Department will take an administrative action against the driver. NOTE: Most states limit the time a driver has to request a hearing to contest the APS action. Usually, it is just a few days. That is why it is so important to contact a lawyer right away. Blood Alcohol Content or BAC Blood alcohol content. In most states, alcohol level may be determined by reference to breath alcohol level as well, without having to convert to blood alcohol level. Alchohol Burnoff The ability of the body to metabolize alcohol, and eliminate it from the system through the functioning of the vital organs. The rate of burnoff will vary from person to person, and even be different for the same person depending upon various factors. This is just one of the reasons that retrograde extrapolation is such a difficult task, and why the results are uncertain . Driving Usually, ability to exert control over the vehicle. Officers usually need not observe someone driving in order to arrest them for drunk driving. Circumstantial evidence of driving is typically sufficient to establish this element. NOTE: More terms will be posted soon. keep coming to our page. bookmark our page