Blog posts tagged in defending against DUI
Driving under the influence of alcohol can lead to criminal consequences and administrative penalties in Connecticut. If you are arrested for DUI, you could be sentenced to jail time or community service and probation. You may also be fined up to $1000 or more. Your license may be temporarily suspended, and you may have to get an ignition interlock device in your vehicle to regain your driving privileges. Second or subsequent DUI offenses are penalized even more harshly. When defending against DUI charges, Connecticut DUI defense attorneys may argue that the charges should be dismissed entirely.
You May Be Able to Avoid a DUI Conviction
A skilled defense lawyer will know Connecticut DUI laws and how to defend against DUI charges. In some cases, DUI charges are dropped. Some of the most common reasons that DUI cases are dismissed include:
Illegal police stop – The police cannot pull someone over for no reason. They must have a “reasonable suspicion” that unlawful activity is occurring. Speeding, erratic lane changes, or running a red light may all justify a police officer’s stop. However, if there were no grounds for the police to pull you over, the evidence obtained during the stop, including breathalyzer results, may be inadmissible in court....
Anyone who drives a motor vehicle with an elevated blood alcohol concentration (BAC) may be arrested and charged with driving under the influence (DUI) in Connecticut. An elevated BAC is defined as 0.08 percent for adults and 0.02 percent for drivers under the age of 21. If convicted of drunk driving, an individual faces an immediate administrative driver’s license suspension and a possible jail sentence of up to 6 months. If the offender’s BAC was significantly above the legal limit, he or she has previously been convicted of DUI, or there are other aggravating factors, the penalties associated with DUI are much more severe. If you or a loved one have been charged with DUI, read on to learn about the legal defenses that may be used to avoid conviction.
Defending Against a Connecticut DUI
To secure a conviction for DUI, prosecutors must prove that a driver’s alcohol consumption led him or her to be intoxicated and therefore unable to operate a vehicle safely. DUI defenses typically fall under one of two categories:
The Evidence Used to Charge The Driver Was Inadequate or Flawed: There are several chemical tests that are used to determine an individual’s blood alcohol content. The most common is a breath alcohol content test such as a Breathalyzer. Blood tests and urine tests may also be used. If the results of these tests are inaccurate, the driver’s true BAC is unknown. A Breathalyzer or other chemical BAC test may yield inaccurate results because the testing instrument was not calibrated correctly or was somehow damaged. BAC test results may also be inaccurate if the police officer or healthcare worker administrating the test administers it incorrectly. Clerical errors such as mislabeled or mixed up test results may also lead to inaccurate results.