DUII and Other Criminal Terms Glossary

Want to know the meanings of all the key terms related to DUI (Driving Under the Influence)?

Absorption Rate


Administrative License Suspension (Implied Consent Suspension)

A law that allows the prompt suspension of the license of drivers charged with Driving While Under the Influence (DUII) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DUII charge.



Blood Test

A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DUII suspect. A blood test also can measure the amount of controlled substances, such as marijuana and cocaine, in the system.

Breath Test




Burnoff Rate


Chemical Test

As it relates to DUII, a test of the alcohol or drug concentration in a person’s blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.

Commercial Vehicle

A vehicle driven for business purposes. In the DUII context, these are the consequences for driving a commercial vehicle while drunk.

Community Service

Depending on the offense, the state may offer community service as a way to work off fines or jail time, which means you are living at home and reporting during the day to pick up trash, sweep public buildings, assist community charitable or public-oriented organizations, or perform other services to the community. Community service may also be a mandatory part of your sentencing.

Conditional License

A conditional license is a license granted “on condition” of something, such as completing a DUII course or alcohol treatment program. Once that “condition” has been met, a standard license is generally issued or reinstated.


A court program that can suspend the prosecution of a criminal DUII charge in exchange for performing certain tasks, such as attending a drinking driver program. At the end of the period of successful diversion, the charges are dismissed.


Drug Recognition Evaluator: an individual who is specially trained to conduct examinations of suspected drug-impaired drivers.


Driving While Under the Influence of Intoxicants. Just a different way of stating DWI.


Driving While Intoxicated. Just a different way of stating DUI.


A serious crime, such as murder, rape or burglary, for which there is a stricter sentence given than for a misdemeanor. DUII is a Class C felony if the defendant has been convicted of DUII under Oregon law or another state’s statutory counterpart at least 3 times in the 10 years prior to the date of the current offense and the current offense was committed in a motor vehicle.


Field Sobriety Test. A series of physical and mental coordination tests designed to help an officer decide if a driver is DUII. These may include walking the straight line, reciting the alphabet, standing still with feet together and arms extended, standing on one foot, etc. These are highly subjective, but if the officer concludes the driver was DUII, he may require a BA test. States seldom have statutes that penalize refusing to perform FST’s, but most will penalize refusal to take a Blood Alcohol Test with license suspension or other penalties.

High BAC


Implied Consent Laws

Oregon has implied consent laws. If you have a driver’s license in Oregon, you have, by implication, consented to have your blood alcohol concentration measured. You may refuse to take the test, but fines and license suspensions may be the result.


A brand name for a blood alcohol breath testing machine.

License Revocation


License Suspension

A license suspension means you may not drive for the period of your suspension. Driving privileges are administered by the Department of Motor Vehicles. If your license is suspended, the suspension will take effect immediately upon arrest, and not upon conviction. You, or your lawyer on your behalf, may be able to negotiate a limited suspension, meaning you may drive to and from work, but nowhere else.

Miranda Rights



A crime less serious than a felony. DUII in Oregon is classified as a Class A Misdemeanor unless otherwise specified as a felony under 813.010(5).

Open Container Laws

It is illegal to have an open container of alcohol in your vehicle. It is illegal for drivers and passengers to have open containers in the vehicle.



Provisional (or Restricted) License

AA provisional license typically withholds certain license privileges. In a DUII context, a provisional license might be granted to someone to drive to and from work only, or to and from the court ordered drinking driver program.



Rising Curve Defense


Sobriety Checkpoints

A system where law enforcement agencies select a particular location for a particular time period and systematically stop vehicles (for example, every third car) to investigate drivers for possible DUII. If any evidence of intoxication is noted, a detailed investigation ensues.

Urine Test


Vehicle Impound/Immobilization


Zero Tolerance BAC

Allowable blood alcohol content for minors. In Oregon, the BAC for minors is 0.00%.

Rob Crow
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