Driving Under the Influence - Page 6
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Connecticut DUI lawyer, Connecticut defense attorneyDriving under the influence of any intoxicating substance is against the law in Connecticut. A drugged driving charge will likely include any punishment applicable in the case of a normal DUI penalties — drivers will be charged with driving under the influence. Any prior conviction of DUI, whether the prior charge was for drugs or alcohol, will be considered as a previous offense of DUI and the driver will likely face more severe punishments as such.

While DUI laws pertaining to alcohol prohibit any person from driving if he or she has a blood-alcohol content of .08 or more, there is no threshold standard for the amount of drugs that a person must have in his or her body to be charged with drugged driving. Any amount of drugs in the person’s system means that he or she is eligible to be charged with DUI. Prosecutors need only prove that the driver’s physical or mental processes were at the time affected by the substance and affecting his or her ability to control and operate a vehicle.

Although Connecticut does not have blood tests that it administers in the event of suspected drugged driving, the laws circumscribing the offense are the same as those involving alcohol. Any time a person gets behind the wheel in Connecticut, he or she is operating under the law of implied consent. This means that he or she submits to any required testing if requested by law enforcement. If the person refuses, the officer can immediately revoke and take possession of a person’s driver’s license — even before the case goes to court. A person is legally allowed the opportunity to call an attorney, however, before he or she submits to testing. This is particularly important. If you are pulled over and asked to take a blood, breath, or urine test for suspected drugged driving, it is a good idea to first contact an attorney. The earlier you involve a professional in the situation, the more likely it is that the incident will be resolved without long-lasting implications.

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Connecticut DUI lawyer, Connecticut defense lawyerIf you have recently gotten your first DUI in Connecticut, you likely have many questions and you need to act quickly in order to get the optimal results in your case. Depending on the facts of your case, it is usually helpful to retain a DUI attorney as soon as possible.

There are two different “cases” within a DUI charge. One is administrative where your driver’s license is at stake. The other is criminal, which will affect your criminal record. For most first offense DUIs, the charges are considered to be misdemeanors.

The Administrative Case

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Connecticut DUI lawyer, Connecticut defense attorneyIf you are accused of driving under the influence (DUI) of alcohol in Connecticut and have a blood alcohol content (BAC) higher than 0.08, you may have many questions. You may question your future, the punishments, and the impacts. Although Connecticut legislature has harsh penalties for those convicted of first-time DUI, there is a second chance option that may be available given the right circumstances. The program is not a right, and therefore no one is guaranteed admittance, however the chances of being accepted increase with the assistance of a knowledgeable attorney to help you through the application process.

Pretrial Diversion Program

If it is your first time with a DUI, or you have not had one in more than 10 years, you may be eligible to apply for this program before your case goes to trial. Consider AEP, a Connecticut “second chance” for those who made a mistake. The Alcohol Education Program meets weekly for one-hour classes for up to 15 weeks. The length of time is dependent on the results of an alcohol evaluation test done before the program begins. There are no exams or testing, nor are there any alcohol or drug tests. Simply arrive on time, every week, and stay for the entire class. After successful completion of the program and attending the Mothers Against Drunk Driving (MADD) Victim Impact Panel, your case may be dismissed and erased from your record.

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Connecticut DUI lawyer, Conncecticut drunk driving attorneyConnecticut is notorious for being one of the harshest states with their punishments of DUI. On holidays, the police do not take a break and lend a blind eye to questionable behavior. In many cases, it seems like circumstances point to the contrary. If they are in a bad mood for having to work while you are celebrating, there is an increased likelihood that they will spot potential driving errors. This year proved exceptionally difficult, leaving many excitedly anticipating a new start and a chance for a better year. If you are part of the population going out for New Year’s celebrations, take precautions to ensure you make it home safely instead of sitting behind bars.

Statistics

According to the Federal Bureau of Investigation, adults drive intoxicated an average of 80 times before their first DUI arrest. Additionally, the likelihood of being involved in a drunk driving accident increases on weekends after dark. During particular occasions throughout the year, such as holidays and summer, arrests skyrocket. In Connecticut, DUI is among one of the most common arrests made. Other statistics include:

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b2ap3_thumbnail_Refusing-a-Breathalyzer.jpgA social drink with friends or family can become a legal headache when the police are involved. Once the lights start flashing in your rearview mirror, that buzz may dissipate, but the alcohol remains in the system. Throughout the United States, you are innocent until proven guilty. Therefore, no matter how erratic you were driving, as the officer approaches the vehicle, substantial evidence of DUI is unavailable. However, if there is reasonable belief of driving while intoxicated, a breathalyzer is requested. You do have the right to refuse. However, refusal does come at a price.

Implied Consent Law

It is true that you are innocent until proven guilty of any crime, yet you must also watch out that you are not breaking a different law in the process of maintaining your innocence. While refusal of a breathalyzer or other chemical test may prevent the procurement of quantifiable evidence, the refusal may be construed as proof of knowledge of breaking the law. In the state of Connecticut, as well as many other states, drivers accept their driving privileges with the understanding of implied consent. The implied consent law says that after an arrest under probable cause of DUI, as a part of your driving privileges, you agree to blood, breath, or urine testing.

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