What Happens During The DUI Investigation During The Stop And Could Anything That Happens There Impact The Sentencing Down The Line?
The law in Connecticut provides for jail time in its Operating Under the Influence of Alcohol or Drugs statute. There is minimum jail time that is mandatory except in several instances.
Once You Are Arrested And Booked Into Custody, Does The Individual Have To Take A Breath Or A Blood Test At The Station And Can This Impact Future Sentencing In A DUI Case In Connecticut?
Our implied consent law says that driving in Connecticut, using the Connecticut roads or being a licensed driver in Connecticut, you give your implied consent that if you are stopped for a DUI and requested to take a breath test, you will take it. You can refuse to take the test. If you refuse to take the test and you go to trial, the judge will tell the jury that it is a rebuttable presumption. It is presumed that your blood alcohol concentration is over the legal limit. The jury can say, “Because the judge so instructs them that they can infer if the reason you refused was because you were above the legal limit.” Then, you must rebut that presumption with your own evidence. Some prosecutors, if you refuse, will limit the consideration that you will get from them. At trial you can submit evidence to rebut this presumption.
How Long After A DUI Arrest And Charge In Connecticut Will The Defendant Have A First Court Date And What Happens At That First Court Date?
Normally (pre-Covid) if you are charged with a DUI, your arraignment, which would be your first court date, is within 15 days of the date of arrest.
In-Between Court Dates For A DUI Case In Connecticut, Is There Anything That Defendant Can Be Doing Or Should Be Doing That Could Potentially Mitigate Sentencing If They Are Convicted?
All second offenders should consult with an alcohol and drug specialist to get a determination as to whether they are alcoholic or have a propensity to drink or use drugs. If you are a second offender and facing felony or a conviction for a second offense, you should get treatment. Letting the judge and prosecutor know that you sought treatment will help your case. Providing the judge and court with all medical treatment plans might also help. If you feel you have a drinking problem you should get help. If you are a multiple offender the Court will not think that your current charge is just a coincidence.
The Assistant State’s Attorney and the Judges look closely at multiple offender cases and their philosophy is that you were picked up because you drink and then get into a vehicle and drive. They do not subscribe to the notion that you have been picked up more than once because you are unlucky or that you were in the wrong place at the wrong time. They believe that people picked up for a DUI as many times as you have been are individuals with a drinking problem. That problem could be alcoholism or that when you drink you make incorrect decisions and drive when you should not.
We need to show these officials that you are serious minded and have resolved to do something about your problem. What I am about to suggest does not guarantee you will walk away from this case. I am not a medical person and am not qualified to determine whether you have a drinking problem; however, I do know how the Courts think and that is to view you as a problem driver, one they want off the road and in jail. They understand that you may have a family, need to drive to work to earn a living and that jail may have an adverse impact upon your career and life. Nevertheless, they are sworn to uphold the law and will not think twice about putting you in jail. Therefore, these officials are going to look at your case closely.
They also understand that you may be motivated to do something about the predicament that you are in because of the coercive powers of the Court, which is to find you guilty, impose a jail sentence, place you on probation, and have you undergo alcohol counseling in addition to the loss of your license.
I believe that you must immediately seek help for yourself to show these officials that you are motivated to help yourself in a serious fashion. This may help your cause. However, there are no guarantees. There is one thing that I am certain of and that is if you do nothing you will get nothing in return.
I am now telling first offenders to consider this if they drink 4 or more beers each day. I know that I am not a doctor but on the other hand I practice full time in this area, and I see to gets pulled over and charged with the offense.
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