Connecticut DUI Attorney
Facing DUI Charges in Connecticut?
In the state of Connecticut, every person is prohibited from operating a vehicle while under the influence of alcohol and/or drugs. A person commits a DUI if he/she operates a vehicle (1) while impaired on alcohol and/or drugs, or (2) while such individuals has a BAC level of 0.08%. If an individual operates a commercial motor vehicle, the legal limit is 0.04%. If an individual is under 21 years of age, the legal limit is 0.02%. Aggravating factors include a drunk driving charge associated with an accident, injury, or death to another person.
Ways to Be Charged with DUI
But did you also know that you can be charged and convicted of a DUI even if you refused BAC testing? For instance, the arresting officer can testify as to your:
- Driving conduct
- Odor of alcohol on your breath or person
- Admission to drinking
- Difficulty in responding to certain questions
- Your performance on field sobriety tests designed to test your coordination and balance
These observations alone could be used to convict you unless you have an aggressive and knowledgeable Connecticut DUI lawyer on your side. Whether this is your first charge or have a record of DUI, it is essential to receive representation However, you are under no legal obligation to either answer any of the officer’s questions about whether you were drinking or to perform any field sobriety test, and your refusal to do so carries no penalty regarding your driver’s license or any increased fine or possible jail time. And even if you did perform them, one of our DUI lawyers can often cast doubt on the officer’s conclusion that you performed them poorly or argue that there existed factors other than alcohol or drugs that affected your performance.
Consequences to Refusing BAC Testing
While there is no law which makes it unlawful to refusing BAC testing, there are still consequences. Refusal of BAC testing results in a maximum one year suspension for first-time offenders, two years for the second offense, and three years for the third. If you go to trial, the prosecution can use your refusal as evidence of your consciousness of guilt. But there may be circumstances such as a fatal accident or you’re having multiple DUI convictions where a test refusal may be a suitable option. That is why you need to contact our office after your arrest to discuss your matter with one of our highly experienced DUI lawyers in Connecticut. Furthermore, you can be arrested, charged and convicted for driving under the influence of drugs, including:
- Any other controlled substance
- Any legally prescribed medication
You will be asked to take a blood or urine test in such cases since a breath test only measures the amount of alcohol in your system. However, there is no quantifiable amount of a drug that carries a legal presumption of impairment. In addition, the mere detection of any drug in your blood or urine is not an indicator of impairment since many drugs can be detected for days or weeks after you have ingested them.
We can help you with the following kinds of DUI cases:
- Multiple DUI
- License suspension
- DMV hearings
- Out-of-state DUI
- DUI penalties
- Chemical BAC tests
- Commercial driver DUI
- Field sobriety tests
If you are accused of DUI, you need to speak with me at Steven A. Tomeo & Associates, LLC. During 51 years of experience, I have handled thousands of DUI and Criminal cases.
Arrested & Not Sure What Happens Next? Our Connecticut DUI Lawyers Explain.
After being stopped for DUI, the process generally consists of the following steps:
- The driver is taken to the local police department
- The driver is booked and read his or her Miranda rights
- The driver is given the opportunity to call an attorney
- The driver is read the implied consent advisory to submit to breath, blood or urine tests.
- The driver takes the tests and the results are reported
- The driver is released on the promise that he or she will appear in court
- Our team of experienced and dedicated DUI attorneys and staff will investigate the facts and circumstances of your case, including review of a video of your arrest or performance on field sobriety tests; the arrest or police report; the qualifications and profile of the arresting officer, and test administrators or technicians; and the reliability of the BAC test that you gave, among any other factors
- Negotiate at your pre-trial conference for a reasonable disposition of your case, if possible
- If no resolution, then motions are filed for discovery from the prosecution (identification of witnesses, statements made, police report, videotape, any other evidence to be used against you) and to exclude certain evidence against you
- Trial, if no plea agreement, while being represented by a highly experienced and aggressive Connecticut DUI attorney from Tomeo Sills, LLC
We suggest you take the BAC test if you are eligible for the Alcohol Education Program (AEP) in Court, which gets the court case dismissed. There is a special Court procedure for this program, which Tomeo Sills will explain to you. We feel the same way if you are a first offender—we usually recommend taking the BAC test. However, if you were in a serious accident and/or in any accident that caused serious injury to another person then refusing to take the BAC test is a viable option—you probably should refuse. That is why, when you are arrested for a drunk driving and the officer gives you time to call an attorney, you should call an our Connecticut DUI attorneys. So, there are limited circumstances under which we might recommend that you refuse the breath test after a consultation with us.
What Are the Penalties for DUI in CT?
The penalties for DUI are very serious and become even harsher for repeat DUI offenders. Other factors that can determine the penalties you face include whether an accident was caused or if anyone was injured. Our Connecticut DUI attorneys will work tirelessly to shield you from the various penalties you may face. DUI can lead to the following penalties:
- License suspension— 45-days, or one year if you refused BAC testing
- Fines–$500 to $1,000
- A jail sentence—mandatory minimum of 48-hours
- Community service—100 hours
- Probation of 1 to 3-years
- Installation of an ignition interlock device for 1-year
- Possible alternative disposition if eligible for the Alcohol Education Program (AEP)
These penalties significantly increase for subsequent DUI convictions.
Hire a Member of the National College for DUI Defense to Represent You
Attorney Steven Tomeo is a member of the National College for DUI Defense. His knowledge regarding DUI laws and field sobriety tests can be used to strengthen your case in court or at the DMV. We are not afraid to challenge field sobriety test results, police reports or witness testimonies on your behalf. Whether you are a first-time or repeat DUI offender, our firm can assist you with your DUI matter. We will do everything possible to protect your driving privileges and secure the most favorable outcome possible.
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- Can You Avoid Jail Time for a Second or Third DUI in Connecticut?
- If I Disagree With The Administration Per Se Hearing Decision, Is It Possible To Appeal It?
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