Blood Alcohol Content/Concentration (BAC): The concentration of alcohol in a person’s blood. The legal limit in Massachusetts is .08%. For persons under the age of 21, the legal limit is .02%. See our page on BAC.

Breathalyzer: A device for measuring blood alcohol content by taking a breath sample. While the term has become used generically in reference to any test that measures BAC by having the subject breath into a device, it is important to remember that only the official test administered at the police station (not a road-side breath test) can be used in court. In Massachusetts the Draeger Alcotest is used.

Continuance Without a Finding (CWOF): A Continuance Without a Finding (CWOF) is neither a finding of guilt nor innocence. It amounts to an admission by the defendant that there are sufficient facts to find him/her guilty of the charges. In accepting a CWOF, the defendant gives up the right to a trial/appeal. The case stays open for a period of time, at the end of which it is dismissed. It does not go on the defendant’s record as a conviction, so he/she can honestly say that he/she has never been found guilty of a crime. It will, however, still count as a prior offense if he/she is charged with another OUI.

Field Sobriety Tests: Tests that are administered to drivers that are suspected of OUI in order to help the officer evaluate the driver’s sobriety, and determine whether or not to place them under arrest. The driver does not have to take these tests, even if asked to do so by a police officer. See our page on Field Sobriety Tests.

Hardship License (also Cinderella/Work/Restricted License): A temporary license issued to an offender to allow them to continue worthwhile activities like work or school. The license permits the holder to drive for an identical 12 hour period every day.

Ignition Interlock Device (IID): The Ignition Interlock Device is a handheld breath-alcohol monitoring device-like a Breathalyzer- installed in a motor vehicle that is electronically connected to the vehicle’s ingnition. Before starting the vehicle, the operator must exhale into the device and register a blood alcohol concentration of less than .02. In addition, the device may require re-tests during the operation of the vehicle (so that a sober person cannot enable the vehicle by passing the initial test, allowing an intoxicated person to then drive it). Violation of the operator’s responsibilites (by failing tests or re-tests, tampering with the device, missing a monthly service appointment, or driving a vehicle not equipped with an IID) can result in the revocation of the driver’s license.

Lifetime Lookback:

The Commonwealth can consider any prior OUI conviction, no matter how old,  in determining status as a first-time or repeat offender.

National Highway Traffic and Safety Administration (NHTSA):

The NHTSA is a part of the Department of Transportation. Among other things, they have tested and approved the field tests (Walk and Turn, One-Leg Stand, HGN) that officers use to help determine whether or not a driver is intoxicated.

OUI: Acronym for Operating Under the Influence, the criminal charge commonly referred to as  “DWI”, “DUI”, or simply “drunk driving”.

Police Report: The police report contains the arresting officer’s account of the events leading up to your arrest. This will serve as the basis of the case against you. A copy should be made available to you at the arraignment.

Section 24D Disposition: The 24D “Second Chance”  Disposition essentially allows an OUI defendant to be treated as a first-time offender if his/her prior offense is more than 10 years old.

Sobriety Checkpoint: A sobriety checkpoint is a road block set up by law enforcement to catch drunk drivers. The location of the checkpoint must be announced ahead of time. Cars are stopped according to a preset formula (for example, every 3rd car) and the driver briefly questioned. The driver may be only be tested further (see: field sobriety tests) if he/she shows signs of intoxication.