The minute you saw those flashing red and blue lights in your rearview mirror, you knew you were in trouble.
You may have been drinking but felt well enough to drive. When you knew it, you were sitting handcuffed in the backseat of a police patrol vehicle.
You might have made a negative decision. All of us do.
And at this time, you have a million questions running throughout your mind…
- “Will my driver’s license be suspended?”
- “How much money will this cost me in fines?”
- “Will I have to visit jail?”
- “If this continues my permanent record, could it impact my current or future employment status?”
Operating Under the Influence (OUI attorney) of alcohol and/or drugs is a serious offense that could have life-altering consequences, both ahead of the Department of Motor Vehicles (DMV) and ahead of the Courts. Ahead of the DMV, you face the potential suspension of one’s driver’s license, and the installation of an ignition interlock device in your vehicle. And ahead of the Courts, you face possible jail time, probation, fines, and court costs. That’s why you’ll need a skilled and trusted criminal and traffic defense lawyer by your side.
- Ahead of the DMV
- The Issues at the Hearing
Ahead of the DMV, there are 4 key issues the hearing officer to think about in determining whether to suspend your driver’s license for either producing a blood alcohol content (BAC) result of 0.08 or refusing to submit to a BAC test (usually a breathalyzer):
- Whether the officer had probable cause to arrest you for OUI;
- Whether you were placed under arrest;
Whether, within 2 hours of operation, you refused to submit to a BAC test or did submit and produced a result of 0.08 or maybe more; and
Whether you were operating a motor vehicle.
In accordance with these 4 key issues, there are several defense strategies, often technical, that we may have the ability to pursue. Please bear in mind, however, that without knowing the details of one’s case, these may or not be relevant. These issues may include:
DUI Checkpoints in Central and Eastern Connecticut
Whether you were properly and fully advised of one’s administrative rights and the liabilities connected with your choice of if to submit to a BAC test
Whether you were properly advised of and taken through the regimen of field sobriety tests (FST’s)
Whether the officer “dotted all his i’s and crossed all his t’s” in accordance with the applicable procedures and administrative paperwork associated with your case
Whether the breathalyzer machine in your case was in proper working order, and was properly used utilized, in accord with manufacturer and departmental guidelines and procedures
Whether you had a medical problem that caused one to be unable to provide a sufficient breath sample, despite your absolute best efforts to do so
Possible Administrative Consequences
If you don’t request a DMV hearing, or, if you request one, and the DMV hearing officer concludes that in the affirmative on the 4 issues noted above, they will order that your license or privilege to operate a vehicle in Connecticut be suspended for 45 days, and that this suspension then be followed by a period of time with an ignition interlock in your vehicle. That period depends upon whether you submitted to the test or refused, and on whether you have any prior such offenses in the past, and can run anywhere from 6 months to 3 years in length.
Ahead of the Court
The Main IssueDUI/DWI Lawyer Serving Hebron, CT
Ahead of the Court, the main issue is whether the State can prove you guilty beyond a fair doubt of every and every component of the offense of Operating Under the Influence (OUI). The elements of OUI are the following:
Element 1 – You operated a motor vehicle
“Operation” in Connecticut is defined broadly, to incorporate “intentionally doing any act or making use of any mechanical or electrical agency that alone, or in sequence, will emerge motion the motive power of the vehicle.”
Element 2 – At the time you operated the motor vehicle, you were:
under the influence of alcohol, any drug, or both, such that your mental, physical, or nervous processes were so affected that you lacked to a significant degree the capability to function properly in terms of operation of one’s motor vehicle,” OR
You’d an elevated blood alcohol content of 0.08 or maybe more (grams per 100 milliliters of blood, or grams per 210 deciliters of breath)
The Primary Areas of Inquiry
The Stop – That is a matter of constitutional matter, where the issue is whether the police had reasonable suspicion or probable cause to prevent you, or, if you were already stopped, to approach you. It could be for an equipment violation, a traffic violation, or suspicion of a criminal offense, however it needs to be supported by specific and articulable facts. The authorities can’t just stop you on a hunch.
The Officer’s Initial Observations – This all has regarding initial indicators of possible intoxication, like odor of alcohol on breath and person, bloodshot and glassy eyes, slurred speech, fumbling to have license and registration, the way you move when getting away from the vehicle, etc. The process here is often showing that the observed conduct relates to some cause besides intoxication.
The Field Sobriety Tests – WHEN THE POLICE ASK YOU TO PERFORM THESE TESTS, POLITELY DECLINE. You are under no legal obligation to do them, and there is no criminal or administrative penalty for not doing so. These are 3 special tests, manufactured by the National Highway Traffic Safety Administration (NHTSA), to greatly help the officer establish probable cause, or not, regarding whether you are under the influence. 1) the Horizontal Gaze Nystagmus test, where the officer holds a pen before your eyes, and has you follow it with your eyes; 2) the Walk & Turn test, where the officer has you walk 9 steps, change, and walk 9 steps back; and 3) the One-Legged Stand test, where the officer has you stand on a single leg, with another leg extended off the bottom, for a count of 30. The instruction and demonstration of those tests is highly technical, as will be the “clues” of intoxication the officer is looking for.
Any Searches of Your Person or Vehicle – DO NOT CONSENT TO A SEARCH OF YOUR PERSON, YOUR BELONGINGS, OR VEHICLE. If law enforcement asks, politely decline. They need reasonable suspicion that you will be armed and dangerous to be able to pat you down, they require probable cause to search your person or vehicle. Should they check out pat you down or search your person or vehicle, even once you refuse consent, let them. Do not fight or argue with them. That may only make matters worse. Leave the arguments for court. But, again, do not consent to a search.
Any Statements You Make Whilst in Custody – DO NOT ANSWER POLICE QUESTIONS, OTHER THAN TO PROVIDE LICENSE OR IDENTIFICATION INFORMATION, REGISTRATION, AND INSURANCE. The authorities will ask you a variety of questions – maybe you have been drinking, where are you currently originating from, where are you currently going, etc. Politely decline to answer. Let them have your license or ID info, your registration, and your insurance. But don’t answer questions.
The Arrest – If law enforcement arrest you, do not resist, argue, or fight. They need probable cause for such an arrest. That’s a disagreement for court, not the roadside.
OUI attorney 