Rhode Island Criminal & DUI Defense
Glossary of Legal Terms and Phrases
The world of criminal and DUI defense is filled
with confusing and arcane legal terms. In my
practice, I try to demystify the process, and
explain all the criminal and court procedures to
my clients in plain English.
BAC - Blood Alcohol Content. The
alcohol content in your blood as determined by a
blood analysis or chemical test. The
legal limit for
BAC in Rhode Island in .08%.
BrAC - Stands for Breath Alcohol
Content. Alcohol content as measured by a
breathalyzer, or breath test machine. This is
converted into BAC by means of an approximately
equivalent formula.
DUI, DWI, OUI, Drunk Driving -
Different names for the same charge. In Rhode
Island, the official name of the charge is
Operating Under the Influence
(of intoxicating liquor), or OUI.
DUI (Driving Under the Influence) is a generic
name that means the same thing.
Field Sobriety Tests - Tests that
supposedly determine alcohol impairment, though
the results are often subjective, and used
inappropriately or incorrectly. Common field
sobriety tests that police use in Rhode Island
are the One Leg Stand and the Nine
Step Walk and Turn.
Impaired - The state of being
intoxicated, or unable to safely and legally
operate a motor vehicle.
Lookback Period - Under Rhode
Island OUI laws, the state may "look back" into
your record for the previous 5 years in
determining whether a previous OUI charge would
make a current charge a second (or third)
offense.
Nolo Contendere - A plea agreement
common in RI misdemeanor cases. It means "I do
not contest" the charges, and is also known as
pleading no contest. It is not
exactly a guilty plea, so it can be beneficial
in cases where a guilty may cause problems with
future employment or other cases. But a nolo
contendere always counts as a prior offense if
you are charged with a subsequent crime, and
stays on your criminal record.
Priorable - Simple means that a
previous crimes in Rhode Island may count as far
as increasing the penalties you face now, or in
the future.
Attorney James Powderly defends people accused
of Drunk Driving (DUI / OUI) and other criminal
charges such as possession of drugs, assault,
criminal traffic offenses, and other charges in
courts across Rhode Island everyday. Call today
for a free, no-obligation, criminal defense
consultation on any RI arrest or charge. (401) 709-8987
James P. Powderly, Esq., A Rhode Island Criminal
Defense Attorney
Powderly Defense Firm
37 Bellevue Avenue
Newport, RI 02840 |
