All states have “driving while intoxicated” laws on the books. In Connecticut, those laws are called “operating under the influence” or OUI laws.
In Connecticut, it is illegal to operate a motor vehicle if you have an elevated blood alcohol contact of .08% or more. The level drops to .04% for commercial drivers and .02% for drivers under 21 years old.
As a driver in Connecticut, you are also governed by what is known as the state’s implied consent law. This means that as a driver in Connecticut, you automatically must consent to a blood-alcohol test if you are suspected of DWI. If you refuse the test, you can be facing a suspension of your license.
There are many possible defenses a DWI defense attorney can employ.
One of these is to challenge the accuracy of field sobriety testing equipment. In some cases, a false reading may impact the accuracy of a test when a person has been eating mints, chewing gum, using denture adhesives or an asthma inhaler.
Testing for marijuana can also be complicated, and a person’s level of impairment can’t be determined by testing alone. Numerous factors affect the amount of THC in a person’s blood. This can include not only the amount used but what a user’s pattern of use is, among others. There could be ample opportunities to challenge a charge DWI charge if marijuana is involved.
The most important defense to remember is that you do not need to do or say anything that will help the police make their case against you. This means you do not need to answer questions if asked, and you can refuse to take a field sobriety test, it is not mandatory, although you will face consequences if you do.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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I had been arrested for driving while under suspension for DUI, which carries a mandatory minimum 30 days in jail. In spite of the objections from the prosecutor, Attorney Shalvoy was able to convince the Judge to waive the jail term and only imposed a fine.
– A client