Fighting a DUI Charge in Connecticut

 Posted on December 20,2021 in Driving Under the Influence

The month of December brings with it many gatherings and parties. For a lot of people, this also means alcohol may be enjoyed. Unfortunately, it also means that some people may find themselves facing a drunk driving charge as we ring in the New Year. If you find yourself facing DUI charges in Connecticut, there may be some viable defense options that a skilled criminal defense attorney can use to defend you.

Chemical Tests

When a driver is stopped on suspicion of driving under the influence, there is a strong possibility that the officer who has pulled the driver over will insist on some kind of chemical testing. In many cases, the officer will conduct a breath test at the scene, however, there are also scenarios where law enforcement will obtain a warrant for a blood test.

Both tests will show what the driver’s blood alcohol content (BAC) is. In Connecticut, a BAC of 0.08 percent or higher means that the driver is legally driving under the influence and will be arrested. However, it is critical for a person who has been charged with a DUI to understand that there are circumstances where their attorney may be able to challenge the validity of those test results in court.

Reasons That a Chemical Test Result Can Be Challenged

A skilled defense attorney who has experience in DUI cases understands how sobriety testing devices work and what issues exist that can affect and even invalidate test results. In some cases, if a judge rules that a test is invalid and cannot be used as evidence against the driver, that ruling may even be enough to have the case dismissed entirely.

Some of the more common reasons why courts will rule a chemical test invalid include:

• The testing device used was not maintained correctly.

• The testing device used was not calibrated correctly.

• The testing device used was faulty or malfunctioning.

• The timing between the defendant drinking, driving, and being tested establishes doubt in the court’s mind.

• The sample collected for testing was either too big or too small

• The sample collected for testing was not properly stored or it was stored in a container that was contaminated.

• The test results were somehow tainted or contaminated.

• The interpretation of the test results was not valid.

• The person who conducted the test was inexperienced or unqualified.

• The person who conducted the test did not follow proper procedures in administering the test.

• The police officer did not have probable cause in pulling the driver over.

Contact a Stamford, CT Defense Attorney

If you have been charged with drunk driving, you may be able to fight those charges with a seasoned Fairfield County DUI attorney advocating for you. Call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free and confidential consultation and find out what legal options you may have.

Source:

https://www.cga.ct.gov/2012/rpt/2012-R-0279.htm