Administrative Sanctions: Penalties imposed by the Department of Licensing. These sanctions are separate from district or municipal court penalties.
Alcohol Evaluation: An assessment conducted by a 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 may require one, eight hour class to two years ongoing treatment.
Arraignment: First court appearance after being arrested. The de- fendant appears before a judge to hear the charges brought against him/her, set bail if necessary, and conditions of release. The defendant enters a plea of not guilty or guilty.
BAC – Blood/Breath Alcohol Concentration: The percentage of alcohol in the breath or bloodstream. See BAC Guides for estimated percentages.
BAC Datamaster: Machine that measures BAC according to the amount of alcohol concentration on the breath.
BAC Refusal: Refusal to blow into the BAC Datamaster or take a bloodtest as requested by police officers.
Deferred Prosecution: Prosecution of the case is deferred for five years during which time the defendant receives intensive drug or alcohol treatment in a state-certified treatment program. Case is dismissed at the end of five years if program is successfully completed. Only one deferred prosecution is allowed in a lifetime. It also counts as a prior offense if subsequently charged with DUI.
Defendant: Person accused of a crime.
Electronic Home Monitoring (EHM): An alternative to jail time where by the defendant serves his/her jail time at home. This is monitored electronically usually through an ankle bracelet.
Gross Misdemeanor: Class of crime where if convicted, sentence can be no more than one year and fine no more than $5000. All DUIs are gross misdemeanors.
Ignition Interlock: Machine connected to car's ignition that checks for alcohol. The driver is required to blow into the Ignition Interlock Device to start the car and blow into it periodically to keep the car in motion.
License Revocation: Administrative sanction whereby drivers' license is taken away. To get license back, defendant must show proof of SR22 insurance (high-risk insurance), take driver's test again, and pay $150 reissue fee.
License Suspension: Administrative sanction whereby drivers' license is taken away. To get license back, defendant must show proof of SR22 insurance (high-risk insurance), and pay $150 reissue fee. (Same as license revocation, however, do not have to retake drivers' test).Motions Hearing:
Motions Hearing: A hearing before the trial where legal issues are disputed. Typically, the defense will try to keep out evidence such as BAC Datamaster test, field sobriety tests or defendant's statements.
Plea Bargain/Agreement: The defendant enters into an agreement that, by entering a plea to the charge or a lesser offense, the prosecutor will move for: dismissal of other 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 defendant.
Pretrial Hearing: A hearing after arraignment and before the trial. The attorneys tell the court what motions they will be bringing and often negotiate plea bargains at this time. The case is either set for trial or a plea is entered. Often there is more than one pretrial hearing.
Readiness Hearing: After the pretrial and before the trial. Attorneys tell the court that they are ready for trial and set the trial date. Often additional negotiations are done at the readiness hearing.
Trial: Six person jury or one person judge decides whether defendant is guilty or not guilty. DUI cases usually take between 1 and 3 days.
Victim's Panel: Two hour class taught by DUI victims to relate their experience to people who have been charged or convicted of a DUI or alcohol related offense.