Christopher Duby- Can you Beat DWI/DUI Charges in Connecticut?

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.

Learn More About DWI/DUI Jail Sentences in Connecticut

Connecticut has a graduated sentencing system where each subsequent drunk driving conviction is punished more severely, as shown below:

A suspended sentence is jail time that you are not required to serve if you stay out of trouble. However, that sentence will be hanging over you. If you are arrested again, you could be sent to jail to serve the length of your suspended sentence and any additional time that may result if you are convicted of the new offense.

Can I Go To Trial For My DWI/DUI Arrest?

Yes. I tell clients that you go to trial on cases when that is the only chance you have at getting the result you deserve. If the State cannot prove that you were operating a motor vehicle on a public highway with an elevated blood alcohol content, yet they will not dismiss the case, you may have to go to trial.

Trials are stressful, expensive and emotional. It is difficult to hear a police officer testify about what he or she said you did the night of the arrest when you disagree. It is hard to have jurors look at you after something critical of you comes up. Waiting while a jury deliberates is a slow form of torture.

So you can go to trial. But only if you demand a trial after knowing all of the details.

Do I Have To Go To Trial?

No. As with any legal case, how to resolve it is entirely up to you. My job is to make sure you understand the details of your case and the consequences of any particular decision. A dismissal, nolle or plea means no trial. Getting these results varies from case to case. Regardless, the decision is entirely yours.

Free Attorney Consultation

To discuss your case with Connecticut lawyer Christopher Duby, call 203-234-2888 24 hours a day or complete our simple contact form.

My philosophy as a lawyer is simple:

• Put the client first
• Respond to phone calls
• Schedule a free initial consultation no matter what your case is about

The Law Office of Christopher Duby LLC is located at 22 Broadway, North Haven, CT 06473. View Google Map and directions.

Connecticut Attorney Christopher Duby represents clients in New Haven County, Hartford County, Fairfield County and Middlesex County in Connecticut, including the communities of New Haven, Hamden, North Haven, East Haven, Branford, Madison, Milford, West Haven, Cheshire, Meriden, Wallingford, Guilford, North Branford, Woodbridge, Bethany, Monroe, Trumbull, Easton, Fairfield, Stratford, Bridgeport, Oxford, Beacon Falls, Seymour, Ansonia, Derby, Orange, Shelton, Clinton, Westbrook, Old Saybrook, Middletown, Middlefield, Portland, Durham, Prospect, Naugatuck, Wolcott, Waterbury, Watertown, Middlebury, Woodbury, Southbury, Southington.