What Is a DUI Charge in Hartford CT?
In Hartford Connecticut, a DUI is an abbreviation for the legal term is driving under the influence of alcohol or drugs, also commonly known as a DWI, or a drunk driving charge.
There are two different ways to be charged and convicted of what is a commonly called a DUI.
- Under Connecticut's per se law, you can be convicted for simply having a BAC above 0.08 percent, which is sufficient evidence of guilt, regardless of whether or not you were drunk or impaired.
- The other way to be found guilty of DUI/drunk driving in Connecticut is if they can find sufficient evidence to prove that you were impaired by alcohol or drugs while operating a motor vehicle, aka drunk while driving. Evidence of impairment relies primarily on the police officer's testimony as a witness stating that you appeared impaired by your actions in driving on the road, or immediately afterward during field sobriety tests or other observations.
Both of these methods have defenses for them.
Can I Beat My DUI in Hartford Connecticut?
Yes, there are many possible defenses in a DUI case. When I evaluate your specific case after discussing it with you, and carefully reading the police report from your arrest, I can suggest how I would fight the charges. A few possible options are:
- I can challenge the legality of the stop. The police must have a good reason to pull you over.
- I can challenge all the specific elements of the crime. If you weren't pulled over directly, did the police actually see you driving?
I can challenge the validity of the breath test.
- How long was it when the breath test was given after your stop? That can affect the amount of alcohol in your bloodstream.
- Is the breathalyzer machine itself up to date on its maintenance?
- Can the police provide maintenance records?
- Can the police establish that the operator is fully trained and is currently certified to administer breath tests?
- Did they follow the required procedures for operating the device and getting a valid breath sample to establish your BAC?
I can challenge the validity of the field sobriety tests.
- Did the officer follow his exact training in administering the field tests? Did he score the tests according to the standards established by the National Highway Traffic Safety Administration (NHTSA)?
- Did he have you perform all tests on a well-lit, dry, flat surface?
- Did he have you perform a nine step walk and turn test on an actual line (not an imaginary line)?
- If you have shoes with heels or other inappropriate footwear, did he give you a chance to take them off?
- Did he screen you as a valid candidate for these agility tests? Did he ask if you were over 65, overweight, or have back, neck, leg, knee, or foot problems, or other medical conditions that could affect your agility and balance?
You see, there are many areas to explore in fighting a DUI charge. Every case has some good things about it, and virtually any case can be beaten.
Call or contact me for advice on how I will fight and may be able to beat your Hartford, Connecticut DUI charge.
What to Expect If You've Been Arrested on a DUI Charge in Hartford
When you are arrested on a DUI charge, you will be transported to the police station, searched upon your arrival, photographed, fingerprinted, and placed in a holding cell. After you are processed, the police may continue questioning you or ask you to submit to a breath, urine, or blood alcohol test after reading you the implied consent advisory. The police will also give you the opportunity to call a lawyer, especially if you request to speak with one.
Eventually, the police will release you from the police station after your bail is paid or on a promise that you will appear for your assigned court date. Your driver's license will also be suspended for a 24-hour period following your arrest so that if you are intoxicated you can sober up before driving again.
Once you've retained Field Law Office, LLC to represent you, I'll begin investigating your case, reviewing your performance and results on field sobriety and blood alcohol tests, the qualifications of the arresting officer and test administrators, and the reliability of the police's testing equipment. At your pretrial conference, I'll negotiate for a disposition of your case that avoids jail time.
If I can't obtain a satisfactory disposition of your case, I'll obtain discovery from the state and move to exclude certain evidence against you. If I can't reach a favorable plea agreement for you, your case may go to trial. I will fight to make the state prove every element of your charges beyond a reasonable doubt and hopefully obtain a not guilty verdict.
For more information on your options for your defense, contact me for a free legal consultation from a Hartford criminal defense lawyer. There's no obligation.