Can you fight a DUI?
Arrested for a drunk driving charge in Connecticut? By now you are wondering if it is possible to fight it, and if so, how you can. So, let’s get right to it. Yes, you can fight a DUI in Connecticut. Like all other states, Connecticut has strict laws and enforcement actions to combat driving under the influence. From losing your license to jail time, the consequence of a DUI conviction in Connecticut is severe. But there are ways to fight a DUI in Connecticut, you just have to know how, or hire an experienced attorney who has handled DUI cases in the past.
What is a DUI?
Driving under the influence, also known as driving while intoxicated, refers to operating a vehicle in a public space when your blood alcohol level is .08 or greater, or you are under the influence of other drugs and are impaired. To be clear – it is not just driving a car while impaired that results in a DUI. Sitting in the driver’s seat with the engine running parked while you are impaired leads to the same DUI charge.
DUI in Connecticut
If you have never been arrested for a DUI in Connecticut, you are probably unaware that an arrest for this is not just a criminal case that you need to worry about and to fight. With this arrest also comes an administrative hearing at the Department of Motor Vehicles. Connecticut breaks up a DUI arrest into two parts – one part is the criminal charge against you, where you face imprisonment in most cases, while the second part deals with your driver’s license suspension, and what penalty will be imposed to regain your ability to operate a motor vehicle in Connecticut.
New laws have been enacted that even for a first offense, you will lose your license, and must place an ignition interlock device in your vehicle for one year. Every time you want to start your car, and sporadically as you are operating it, you must blow into this machine in order for the engine to start or to continue running. If the machine detects any alcohol, not only will it not run, but a report of a violation is registered and sent to the state.
How to Win a Connecticut DUI Case
There are three areas in which a DUI charge can be called into question. The accuracy of the breathalyzer test, if you were suffering from a medical condition at the time of the arrest, or if the evidence against you was improperly handled.
Breathalyzers are standard equipment utilized by police departments to test a person’s blood alcohol level. While they are widely used, they are ultimately machines. For a breath test to be administered, and to be admissible, there are time constraints upon which a person must be tested. The results of these tests are time stamped, and an experienced attorney knows what to look for when reading them. Breathalyzer machines must be calibrated properly in order for the machine to produce an accurate reading. Police departments are required to keep records of the calibrations, and if the machine was not calibrated, the results that are being used against you could be inadmissible in court.
Medical conditions such as Gastroesophageal Reflux Disease (GERD), heartburn or acid reflux, have all been proven to produce an acid which moves from a person’s stomach to his or her mouth and create a false alcohol reading during a breathalyzer test. There are several other conditions that have been proven to also produce false positive results. Having an attorney experienced in proving the contamination of the results due to a medical issue can save you not just thousands of dollars in court costs, but the aggravation of losing your driving privileges.
From the moment you are pulled over, up until you appear in court, police officers are under strict laws that they must abide by to have your arrest stand. The reason you were stopped, how they came to suspect you of driving under the influence, to how they obtained the results of the test that determined your intoxication, are all areas in which officers are under a microscope. One misstep throughout the process can lead to your acquittal.
Why Choose us to Fight your DUI
When hiring an attorney to represent you in a DUI, you need one that is experienced in every facet of DUI. Before becoming an attorney, I was a police officer for twenty-three years. I arrested countless individuals for DUI and know exactly what should and should not be done from the moment you are stopped. If there is something in your case that can be to your benefit, you can rest assured that I will find it.
When you need an experienced, professional attorney, contact the Guendelsberger Law Offices LLP at 860-354-4444