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
- 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
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:
|Number of DWI/DUI Offenses
||Length of Jail Sentence
||One-year suspended sentence after you serve 48
hours in jail or perform 100 hours of community service.
||Two-year suspended sentence after you serve 120
days in jail. You go to jail for at least 120 days.
||Three-year suspended sentence after you serve
one year in jail. You go to jail for at least one year.
|Driving a motor vehicle after driver's license
suspension for an alcohol-related offense.
||One year in jail, 30 days of which cannot be suspended.
You go to jail for at least 30 days unless the judge finds "mitigating
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
Can I Go To Trial For My
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
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.
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.