DUI DICTIONARY - Definitions of Commonly Used DUI Terms by a Las Vegas DUI Lawyer

 

 

Arraignment: An arraignment is a Defendant's first appearance in court. At this time, he or she will enter a plea of guilty or not guilty. An attorney can also do this on the Defendant's behalf.  If a charging document has been filed, then the attorney or Defendant will be provided that with any available discovery. 

 

Arrest: An arrest occurs when a police officer has probable cause or a reasonable belief, based on facts and circumstances, that the person has committed a crime. In some cases, an arrest warrant may be issued. An arrest is complete as soon as the suspect is no longer free to walk away from the officers. Prior to contrary belief, not everyone is read their “Miranda rights” at the time of the arrest, nor do officers have to do so. 

 

Bail: Bail is set by a judge, and it is money that defendants must deposit in order to guarantee they will come back to Court if released from jail while the case is pending. 

 

Bench Warrant: A judge may issue a bench warrant for a Defendant's arrest if the individual does not appear to a court hearing, such as trial. 

 

Blood Test: Blood tests are being increasingly used for DUIs, instead of the traditional breath test because police officers and prosecutors believe that blood tests are more accurate. In Nevada, under "implied consent”, the law presumes you have given implied consent to submit to an evidentiary chemical test to determine your blood alcohol level. After being placed under arrest, a licensed phlebotomist will take an individual's blood during the booking process at the jail. If the individual refuses, police officers will have to get a warrant to obtain the blood. A test refusal results in an automatic one-year suspension of driving privileges. There are many intricate laws regarding blood tests that Josh Tomsheck will be able to discuss with you. In some instances, if police officers do not properly take the blood test, the DUI charge will have to be dismissed.  For more information about a DUI Blood Test, click Here).

 

Bond: A bond is used with bail. It is a legal contract that requires someone to pay money, for the bail, if the defendant does not return to Court. 

 

Breathalyzer: A breathalyzer is often used to describe an electronic device used by police to measure the breath alcohol content from a person. It is used in a “breath test.” This is often used to measure an individual's blood alcohol content. A police officer may ask an individual, who he suspects is driving impaired, to blow into the device. The device will then show the officer a number, which is supposedly the driver's breath alcohol content.  In reality, Breathalyzer is a brand name, and not used in Nevada DUI investigations, although the term is still commonly used.   

 

Breath Test: Police officers who suspect that an individual is driving under the influence may ask the individual to conduct a breath test. It is a very common method. In Nevada, there are two different types of breath tests: the preliminary breath test and the evidentiary breath test. DUI Blood Test, click Here).

 

Charging Document: A charging document is what formally charges a Defendant with a crime. This document can take many different forms: A Criminal Complaint, an Information, and an Indictment. 

 

Coroner's Class: This is a class that is often assigned as a sentencing requirement by the Court for a DUI related charge. The goal of the class is to deter offenders from making irresponsible actions in the future, like drinking and driving, in order to show the severe consequences of their actions.  For more information about the Coroner's Class, click here).

 

Criminal Complaint: A criminal complaint is the beginning of criminal proceedings. This document formally charges the Defendant with a crime. It lists the defendant, the date of the alleged offense, the relevant statutes and whether the violations are misdemeanors or felonies, and some description of the alleged facts underlying the basis for charging the offenses. 

 

Discovery: Discovery refers to any evidence the prosecutor has relating to a charged crime. When a person is accused of a crime, they are entitled to any of the evidence that the prosecutor has. In a DUI case, the typical discovery includes a police report, a temporary arrest record, and results of an evidentiary chemical test which is supposed to show the blood or breath alcohol content. In some instances, audio from a 911 call, body worn camera footage, or dash camera footage are also available. 

 

DMV Hearing: A DMV Hearing in Las Vegas is similar to a regular trial. An individual can have a defense attorney present, who will present evidence, cross-examine witnesses and make arguments before a presiding judge. This is separate from the criminal proceedings. The DMV hearing only deals with the suspension or revocation of an individual's driver's license. Even if a person wins the DMV Hearing, he or she can still have their driving privileges suspended if convicted of a DUI in criminal court. 

 

Driver's License: A driver's license is a legal document that permits an individual to drive a car, or motorcycle, on Nevada's roads. 

 

DUI Court: Nevada allows specialty court programs, such as DUI Court, as an alternative sentence. Eligible DUI defendants will be able to avoid jail by participating in the program. DUI Court may require weekly status check meetings with the judge, group counseling, individual counseling, random drug and alcohol testing, SCRAM devices, and ignition interlock devices being installed. 

 

DUI School: Completion of DUI School is a typical requirement for first and second DUI Convictions. The Court must mandate completion of this course on every person convicted of a DUI, or if negotiations require its completion. A DUI School is meant to educate the Defendant, rather than punish or scare. At the end of the DUI School, the Defendant will know how to make safer decisions about drinking and driving in the future. 

 

Enhancement: If a Defendant has a prior DUI Conviction, that can be used against him or her in court if the DUI Conviction was within the last seven years. The prior conviction will allow prosecutors to “enhance” the new DUI Charge, meaning that if convicted, the Defendant faces a longer jail sentence and harsher penalties. 

 

Evidentiary Breath Test: This breath test is given only after a suspect is arrested for a DUI. The results of this test are admissible as evidence if the case goes to trial. If an individual is arrested for a DUI and refuses to take the evidentiary breath test, he or she faces a one year revocation of their driving privileges and can be forced to submit to an evidentiary blood test. 

 

Field Sobriety Tests: Field Sobriety Tests are performed during a traffic stop to determine whether or not a driver is under the influence. Typically, the police officer will ask the suspect to perform a one-leg stand test, a horizontal gaze nystagmus, and a walk-and-turn test. Based on these results, the police officer may then ask the suspect to submit to a blood test or a breath test. 

 

Horizontal Gaze Nystagmus: The Horizontal Gaze Nystagmus is a typically used field sobriety test. It is believed to show an involuntary jerking or bouncing of the eye that can be caused by drinking alcohol. This is administered by a police officer asking a suspect to follow his finger, or a pen. The police officer is looking for the jerking or bouncing of the eye to show that the suspect is under the influence. 

 

Indictment: An indictment allows a prosecutor to formally charge the defendant with a crime, by way of a grand jury. To charge an individual by way of indictment, the prosecutor will summon a jury, who will be shown evidence and listen to testimony regarding the alleged offense. If the jury decides that the defendant should be charged with the crime, an Indictment is then filed. Typically, this is only used for severe felony charges. 

 

Information: An information allows a prosecutor to formally charge the defendant with a crime. This is filed after probable cause is found during the preliminary hearing, or after the defendant waives his or her right to a preliminary hearing. An information is typically only filed for cases involving felony charges. 

 

Negotiation: When an attorney is entering a negotiation with a prosecutor, it means that he is attempting to negotiate the case, or resolve it, by using a plea bargain. 

 

One-Legged-Stand: The one-legged-stand is a field sobriety test administered by police officers. It requires the suspect to divide his attention between the mental task of counting out loud (one-one thousand, two-one thousand, three-one thousand) while balancing on one leg for thirty seconds. The police officer will look for indicators that the driver is intoxicated, which includes putting a foot down before the thirty seconds s over, swaying to maintain balance, hopping to maintain balance, or using arms to maintain balance. 

 

Plea: An attorney may negotiate a case by way of a plea. If this happens, then the Defendant must agree to the terms of the plea. Often, the plea is for a lesser charge. The Defendant will not face as harsh of punishment and/or penalties. 

 

Preliminary Breath Test: A preliminary breath test is considered by some to be akin to a field sobriety test. Its purpose is to determine whether or not an officer has probable cause to arrest an individual for a DUI. The results of this test are not admissible in court. In Nevada, a preliminary test is not optional due to implied consent. 

 

Preliminary Hearing: A preliminary hearing is similar to a trial, except there is no jury. During a preliminary hearing, witnesses will be called to testify and evidence will be admitted. A judge will then decide whether or not there is enough probable cause to believe that the defendant committed the offense. If the judge determines there is not, then the charges are dropped. If the judge determines there is, then the case will proceed to trial. Typically, only felony charges have a preliminary hearing. A defendant may waive his or her right to a preliminary hearing. 

 

Pretrial Conference: A pretrial conference is a formal meeting between the prosecutor and a defense attorney in front of a judge. It takes place prior to trial, but after an arraignment. During a pretrial conference, a plea deal may be discussed or details of the trial will be worked out, such as witnesses, how long the trial is expected to last, and any other procedures or requests that either party, or the judge, may have. 

 

Prosecutor: The prosecutor is the attorney for the government. The prosecutor is who “prosecutes” the crime and is responsible for charging an individual with a crime. If the prosecutor is unable to prove that a crime occurred beyond a reasonable doubt, then the defendant is not guilty. 

 

Revoked Driver's License: When a person's driver's license is revoked, that means that the revocation is permanent, and the individual's driving privileges have been fully cancelled and cannot be reinstated. 

 

SCRAM Device: A SCRAM device is similar to an anklet, and is used to electronically monitor alcohol in the wearer's sweat. In some DUI cases, such as felony DUI or habitual offenders, a judge may require the Defendant to wear one as a condition probation. In some instances, if the SCRAM device detects alcohol, the Defendant may be sent to jail for violating the judge's order. 

 

Search Warrant: In Nevada, if an individual refuses a blood test or breath test for a DUI, then a police officer is required by law to obtain a search warrant for the individual's blood. A search warrant is a document, signed by a judge, that gives police officers permission to search a person, or in the case of a DUI, obtain blood from a person, to test the blood alcohol content. 

 

SR-22: When a person has been convicted of a DUI, the DMV may require that the individual has a SR-22 form. This from is to be maintained for three years from the date of an individual's driving privileges being reinstated. A SR-22 is a certificate that your car insurance company will file with the Nevada DMV to verify that you have coverage. This form is done in addition to the insurance policy. 

 

Status Check: A status check can be set in a criminal case proceeding for a multitude of reasons. Most commonly, there is a status check for the filing of a criminal complaint and a status check for requirements. When the case is set for a status check for the filing of a criminal complaint, it means that there is no formal charging document filed, so there cannot be an arraignment without a formal charge. This gives a criminal defense attorney, like Josh Tomsheck, the opportunity to potentially negotiate the case without charges ever being filed. When the case is set for a status check for requirements, it means that the case has been negotiated, or the Defendant has been convicted, and the court's requirements must be completed by the date of the status check. The requirements can include community service, staying out of trouble, paying a fine, and taking a multitude of classes. 

 

Stay Out of Trouble Order: In some instances, a judge may order an individual to stay out of trouble as a requirement. If the individual is unable to stay out of trouble, and picks up any type of case that is not a minor traffic violation, then he or she risks going to jail for violating the Court's requirements. 

 

Suspended Driver's License: When an individual's driver's license is suspended, that means that the individual can have their driving privileges reinstated after serving the required suspension time.  

 

Suspended Sentence: A suspended sentence means that a judge is delaying the Defendant' serving of a sentence, such as jail time, to allow the defendant to perform a period of probation or to complete court mandated classes. Typically, a Defendant will not have to serve jail time as long as they follow the Court's requirements and do not disobey. If the Defendant disobeys, then the suspended sentence will be implemented as an actual sentence, ordering the Defendant to serve jail time. 

 

Temporary Driver's License: In Nevada, a temporary driver's license is available for individuals who have been arrested for a DUI but who have not yet had their DMV hearing. The defendant can go to any Nevada DMV Location but must have a photo ID, social security card, or a birth certificate to retrieve the temporary driver's license. This allows the Defendant to legally drive, pending the DMV hearing. 

 

Trial: A trial is the formal examination of evidence in order to decide guilt in a case. In a trial, evidence will be submitted and witnesses will be called, for both the prosecution and the defense. In most DUI cases, if the case goes to trial, it will be a “bench trial”, meaning that there is no jury and a judge decides. In some cases, involving Felony DUI or DUI Resulting in Substantial Bodily Harm and/or Death, the trial will be a “jury trial”, meaning that a jury will decide whether or not the Defendant is guilty. 

 

Victim Impact Panel: A Victim Impact Panel is a mandatory minimum sentencing requirement for any individual convicted of a DUI. The Victim Impact Panel allows the Defendant to hear the long term effects of his or her crime, but the Defendant is not condemned for the past choices. Instead, the Victim Impact Panel shows how the choices made can have a serious impact on the lives of others, and to encourage the Defendant to not make the same choice to drink and drive. 

 

Walk-and-Turn: A walk-and-turn is a common type of field sobriety test utilized by police officers in Las Vegas. During a walk-and-turn test, the police officer will instruct the suspect to take nine steps in a heel-to-toe fashion, in a straight line. After taking the ninth step, the suspect will be asked to turn on one foot and return in the opposite direction, while still walking heel-to-toe. The police officer will be looking for whether the individual can maintain his or her balance while listening to the police officer, whether the individual begins walking before the officer has given all instructions, whether the individual stops mid-walk, whether the individual actually walks heel-to-toe, for the use of arms to maintain balance, whether the individual loses balance, and if the individual does not actually take nine steps