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Protecting Your Driving Privileges Following a Connecticut DWI Arrest

Posted on in Driving Under the Influence

Connecticut defense lawyerIn the month of March, law enforcement are on the lookout for drivers running afoul of the state’s alcohol-related driving laws on the way home from watching events like the Academy Awards and the NCAA basketball tournament. With the Oscars running time at four hours, and March Madness running from before noon until midnight in its opening week, there is an increased risk for individuals consuming alcoholic beverages to exceed the legal Blood Alcohol Concentration (BAC) level for driving. For this reason, it is very important to understand what BAC is, how it works, how easily the legal limit can be exceeded, and the penalties for driving with an impressible BAC. Driving in the state of Connecticut is a privilege – one that can be taken away on a temporary or permanent basis following a DWI conviction. Knowing the law and your legal rights when it comes to driving and alcohol is a must.

The Law Makes Presumptions About Impairment Irrespective Of Subjectivity

The charge of Driving While Intoxicated (DWI) in Connecticut may be leveled irrespective of whether you feel that you were personally experiencing any alcohol-induced impairment while driving. You do not need to be feeling drunk to be in danger of being charged with DWI if you get behind the wheel after consuming alcohol. This is because the relevant metric under state law is Blood Alcohol Concentration (BAC). BAC reflects the percentage of alcohol in the blood and is typically measured by breathalyzer – a law enforcement administered device to breathe into and thereby provided a BAC reading.

Many people assume that it is OK to simply decline to submit to a breathalyzer test. Under Connecticut’s Implied Consent law, however, drivers are presumed to have given legal consent to breathalyzer testing simply by operating a motor vehicle on the state’s roads and highways. The concept of “presumption” – to presume – is key in matters of driving. It again becomes relevant with regard to the BAC reading produced by a breathalyzer test. .08 is the number to remember. It is the line where BAC goes from permissible to impermissible. That is, Connecticut state law presumes that you are legally intoxicated if you are operating a motor vehicle with a BAC of .08 or above. Again, this presumption may be made irrespective of whether you felt intoxicated while driving.

Not Every BAC Reading is Accurate or Lawfully Obtained

You have legal rights when it comes to your driving privileges. If you have been charged with DWI in Connecticut, rely on an experienced Fairfield County DWI attorney to hold the state responsible for proving probable cause at the time of the DWI stop and for properly administering and obtaining an accurate BAC reading.

 

Source:

http://www.ct.gov/dmv/cwp/view.asp?a=813&q=249562