PAS test - Preliminary Alcohol Screening test.
Pathological Disorder – Disruptions of the normal functions of organs of the body due to disease, illness, or damage.
Pendular Nystagmus – Nystagmus where the eye oscillates or swings equally in two directions.
Per Se Laws – Laws that declare it illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breath test. In most states, the per se limit is .08% or greater. Violating the per se law has nothing to do with one’s ability to drive a car safely; it is based solely on body chemistry. The only question is whether the driver was above the legal limit at the time of driving. NOTE: since breath or blood testing always takes place after the time of driving, it does not directly answer the question of BAL at the time of driving. The alcohol level at the time of testing may be higher, lower, or the same, when compared to the time of driving.
Physiological Nystagmus – A nystagmus that occurs so that light entering the eye will continually fall on non-fatigued cells on the retina. Physiological nystagmus is so slight that it cannot be detected without the aid of instruments and it occurs in everyone.
Positional Alcohol Nystagmus (PAN) – Positional nystagmus when the foreign fluid is alcohol.
PAN I – The alcohol concentration is higher in the blood than in the vestibular system.
PAN II – The alcohol concentration is lower in the blood than in the vestibular system.
Positional Nystagmus – Nystagmus that occurs when a foreign fluid is in unequal concentrations between the blood and the fluid in the semi-circular canals of the vestibular system.
Post-Rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Post-rotational nystagmus lasts for only a few seconds after a person stops spinning.
Provisional (or Restricted) License – A provisional license typically denies certain license privileges. For instance, in a DUI context, a person with a provision license will only be allowed to drive to and from work.

Reasonable Doubt – The definition varies from state to state. Before someone may be found guilty of DUI or DWI, the jury (or judge in those states that do not allow a jury trial for drunk driving cases) must be convinced in the defendant’s guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction (long-lasting belief) in the truth of each and every element of the charges.
Resting Nystagmus – Nystagmus that occurs as the eye are looking straight ahead.
Retrograde extrapolation – This is the scientific term for the ability to look at someone’s alcohol level at the time of testing, and look backwards to determine what the alcohol level was at the time of driving.
Reckless Driving – Operating a motor vehicle in a dangerous manner, including speeding, weaving in and out of traffic, and similarly hazardous patterns. Reckless driving is one of several potential grounds for increased DUI penalties.
Rising Alcohol Defense – This defense is based on the idea that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving (sometimes long after); these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving (the critical time in a drunk driving case), the alcohol level was below the legal limit, even if it continued to rise until the time of testing.
Rotational Nystagmus – Nystagmus caused by disturbances in the vestibular system fluid when a person spins around. Rotational nystagmus occurs while the person is spinning.
Saccadic – Movement of the eye from one fixation point to another.
Sobriety Checkpoints – The practice of law enforcement agencies selecting a particular location for a particular time period and systematically stopping vehicles (for example, every fifth car) to investigate drivers for possible DUI / DWI.
Smooth Pursuit – The eye’s course as it tracks a moving image.
Southern California Research Institute (SCRI) – A research organization that conducted the first two research studies that eventually produced the standardized field sobriety test battery. SCRI has conducted subsequent field sobriety test validation studies as well as drug recognition evaluation studies.
Standardized Field Sobriety Test (SFST) – A group of tests selected as the best field sobriety tests to increase the ability of law enforcement officers to detect driver impairment. The results of this battery, usually administered along the roadside, contribute extensively to a law enforcement officer’s decision to arrest a person for impaired driving.

Tolerance – As it relates to DUI / DWI, the ability of a person to adapt and maintain their behavior to disguise the effects of alcohol consumption.
Under the Influence – The precise definition used in court will vary from state to state; however, it will relate to the inability of the driver to operate a motor vehicle with the same caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. It is not necessary for someone to have an alcohol level that is above the legal limit to be under the influence. However, most states do allow a jury to infer or presume that if someone is above the legal limit at the time the test was taken, and if the test was given close in time to the time of driving (within two or three hours), that the driver is under the influence. The manner in which the vehicle is driven is relevant, but not usually determinative in and of itself.
Vehicle – A motor vehicle, car, truck, motorcycle. In some states, a DUI, DWI or drunk driving conviction can result from driving a bicycle, riding a horse, driving a snowmobile, or even a motorized wheelchair.
Vertical Nystagmus – Nystagmus that occurs when the eyes gaze or move upward along a vertical plane.
Vestibular System – The system of fluid-filled canals located in the inner ear that assists in balance, coordination and orientation.
Vestibular System Nystagmus – Nystagmus caused by a disturbance in the vestibular system.
Vehicle Impound/Immobilization – In California, if you are driving with a suspended or revoked license, the vehicle you are driving may be impounded for 30 days and possibly forfeited.
Voir Dire – Jury selection. In those states that allow a jury trial for drunk driving cases, either the lawyers or the judge (or both) will question potential jurors about their background and qualifications to sit as jurors in the case. This process is called voir dire, and is extremely important in defending a DUI, DWI, or related drunk driving case. Both the prosecution and the defense are entitled to fair and unbiased jurors, in those states that allow jury trials in DUI, DWI, or drunk driving cases. Voir dire is the process by which the parties learn about the potential jurors, and determine whether or not the drunk driving case is a proper one for the potential juror to hear.

Walk-and-Turn (WAT) test – One of the three tests that make up the standardized field sobriety battery. This test requires a person to take nine heel to toe steps down a straight line, turn and take nine heel to toe steps back up the line. The subject is assessed on the ability to understand and follow instructions as well as the ability to maintain balance during the instruction stage and walking stage.
Wet Reckless – Plea to a charge of reckless driving which was “alcohol related.” A wet reckless results from a plea bargain to reduce a charge of drunk driving. There are several reasons for such a reduction, including a borderline blood alcohol level, where there was no accident and no prior record. The result is a lower fine, no jail time and no record of a drunk driving conviction, but if there is a subsequent drunk driving conviction the “wet reckless” will be considered a “prior” drunk driving conviction and result in a heavier sentence required for a second conviction. The chief benefits of a wet reckless are realized on a second-offense (or greater) DUI conviction; there are only marginal benefits when charged with a first-offense. A wet-reckless can be especially important to anyone who holds a professional license, since it is only reported on a criminal record as a reckless driving. It is vital that you consult with a criminal defense DUI lawyer before accepting any such plea.
Witness – A person who can provide testimony on behalf of the prosecution or DUI defense.
Zero Tolerance BAC – Allowable blood alcohol content for minors (as defined by the state). In California, this law states that it is against the law to drive with a blood alcohol concentration (BAC) of .01% or higher if you are under 21 years of age. Your BAC is measured by a test given to you by a police officer. Under this law, on your first offense, your driving privilege will be suspended for one year if:
o your BAC is .01% or higher, or
o you refuse to take the preliminary alcohol screening (PAS) test, or
o you fail to complete the PAS test