North Haven, Connecticut, DWI/DUI Defense Attorney
An illegal stop, a technical mistake in an arrest report and a flawed Breathalyzer test: these are all reasons DWI/DUI charges may be dismissed in Connecticut. However, only a lawyer can advise you whether you have a winnable case and if contesting these issues is within your best interest.
I am Christopher Duby, a DWI/DUI defense attorney in North Haven. To convict you of drunk driving, the state must prove you were operating a motor vehicle on a public highway while you were intoxicated. While this may sound simple, it can be a difficult thing for the state to prove.
Challenging the stop
Police must have a legal reason to pull you over. The officer cannot stop you simply because he does not like your looks. The officer must report what this legally sufficient reason was.
If the stop is successfully challenged, all evidence collected after the stop (including Breathalyzer test results) may be dismissed.
Challenging breath test results
Connecticut uses the Intoxilyzer 5000 Breathalyzer test machine. Breathalyzer test results can be challenged:
- If the machine was not properly calibrated
- If the breath test was not taken on a timely basis — for example, if you consumed alcohol shortly before you were stopped but were not tested until an hour later, you may have been intoxicated at the time of the test but not at the time you were driving.
- If the tests were taken too close together in time.
- If the tests were not taken within two hours of operating a car.
- If the test results show that you were not over the legal limit.
- The results of the first test show that your levels were increasing over time.
Your right to remain silent
If you are pulled over and you have had something to drink, do not make any statements to the officer. For example, if the officer asks you if you had been drinking and you answer "yes," you have given the state powerful evidence to use against you in court. Whenever possible, exercise your right to remain silent.
Free attorney consultation
To discuss your DWI/DUI case with North Haven lawyer Christopher Duby, call 866-421-9165 24 hours a day or complete our simple contact form.
