Questions Which Can Affect DUI Property Damage Cases

 Posted on July 29,2024 in Driving Under the Influence

Facing a DUI charge in Connecticut, especially when it involves property damage, can be stressful and confusing. The outcome of your case can depend on the defense strategy your lawyer develops. Your attorney will need detailed information about the incident for a robust defense. Here are some common questions your lawyer may ask to decide on the best legal defense options for your DUI case.

Were You in Physical Control of the Vehicle at the Time of the Accident?

One of the first questions your lawyer will ask is whether you physically controlled the vehicle when the accident occurred. This is crucial because, under Connecticut law, being in "physical control" of the car is a crucial element of a DUI charge. Your lawyer will want to know where you were seated, whether the engine was running, and if the keys were in the ignition.

These details can help your attorney argue you were not in control of the vehicle, which could potentially weaken the prosecution’s case.

Were You Under the Influence of Alcohol at the Time of the Accident?

Next, your lawyer will need to determine whether you were under the influence of alcohol when the accident happened. This involves piecing together events leading up to the accident, such as your whereabouts and activities. Were you consuming alcohol, and if so, how much? Witness statements and receipts can provide useful evidence.

Was a Breathalyzer or Blood Test Administered?

If you were arrested, a breathalyzer or blood test might have been administered. The accuracy and administration of these tests are critical factors in DUI cases. Your lawyer will ask whether you took any tests and, if so, when and where they were conducted. Mistakes in administering these tests or improper calibration of the equipment can be grounds for challenging the DUI charge.

Did an Injury Sustained in the Accident Affect Your Performance on Field Sobriety Tests?

Injuries sustained in an accident can significantly impact your ability to perform field sobriety tests. Your lawyer will ask you if you were hurt in the accident and how those injuries could have affected your performance. For example, an injured leg could impair your ability to walk in a straight line, making you appear more intoxicated than you were. Medical records and testimony from medical community members can support this defense strategy.

Contact Our Fairfield County, CT DUI Defense Attorney

Navigating a DUI charge in Connecticut when it involves property damage requires a detailed and highly strategic approach. The more details you can supply about the incident, the stronger your defense strategy can become. Contact the Stamford, CT DUI defense lawyer with Law Offices of Daniel P. Weiner to give yourself a fair shot at obtaining a favorable case outcome. Call 203-348-5846 for a complimentary consultation.