Legal Concerns

Glossary

Calibration – the testing and adjustment of an alcohol interlock device so that it accurately measures breath alcohol concentration.

Double jeopardy - a constitutional prohibition against a second prosecution after a person has been tried for the same offence.

Equal protection – a constitutional guarantee that all people in similar circumstances will be given equal protection under the law in their pursuit of life, liberty, property, and happiness.

Ex post facto – a constitutional prohibition against passing any law which punishes a person for an act which was lawful when it was committed.

Indigency – the inability to pay for goods and services; in the alcohol interlock case, it is the inability to pay for the cost of an alcohol interlock device.

Non-breath alcohol device – a device that prevents an intoxicated or impaired person from operating a motor vehicle that functions without the use of breath alcohol concentration measurements.

Separation of powers – the division of the government into three co-equal branches, whose functions are not allowed to encroach upon the other branches. The legislative branch makes the laws; the executive branch carries out the laws; and the judicial branch interprets the laws.