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Hartford Drunk Driving Defense
Being arrested for drunk driving in Hartford, Connecticut, can be a difficult and frightening time. Understanding the many laws, penalties, and formal procedures is overwhelming. Our goal is to provide you with the most important information you will need as you move forward through the criminal and administrative proceedings.
Major Concerns
There are several major areas with which you and your Hartford DUI attorney should be concerned. Do you know if your traffic stop, search and seizure, and the administration of field sobriety and chemical tests were Constitutional? Were the tests given correctly? Was there probable cause for your arrest? Were you read your Miranda rights and how do these rights affect your case? A good DUI attorney in Hartford will help find the answers to these questions and more.
Finding a Good Lawyer
Finding a good drunk driving lawyer can be a tedious task, but it is an important decision. When interviewing potential counsel, there are seven essential questions to ask:
- What is the number of DUI cases you successfully represented?
- What percentage of your practice is dedicated to DUI defense?
- Do you provide a written contract detailing your fees and services?
- Are you a member of any professional organizations that support DUI defense?
- What is your expertise in representing DUI cases administratively and criminally?
- Will you be available by phone and/or email to answer questions specific to my case?
- Do you have experience as a keynote speaker in seminars or training courses related to DUI defense?
Chemical Testing
The State's main objective will be to prove you were intoxicated at the time you were driving. However, if you agreed to take a blood or breath-alcohol test, the results of that test will show your blood alcohol concentration (BAC) only at the time of your test. Your BAC could have been higher or lower while you were driving.
During your criminal trial, the State will likely hire an expert to use a process called "retrograde extrapolation" to link your test results to the time of driving. The court will decide if the expert is reliable based on the following factors:
- the length of time between the tests and the offense
- the number of tests administered compared to the time between each test administration
- awareness of any of your physiological characteristics that could have affected the test results such as gender, weight, typical drinking habits, tolerance, type of drink, amount of consumption, time frame of consumption, time of last drink, any food intake, and diabetic or hypoglycemic symptoms
Conviction Penalties
If you were convicted of a DUI for the first time, you will most likely face probation. However, the conditions of probation are the same as if you are forced to serve time in jail. (You will spend a minimum of six (6) days in jail if an open container of alcohol is present at the time of your arrest.) You can expect to be on probation for up to two (2) years, pay a fine, participate in community service, install an ignition interlock device on your vehicle, and enroll in a state-approved DUI education course. Your driver's license can be suspended for up to one (1) year. It is possible that your Hartford drunk driving attorney can help you reduce the terms of your suspension depending on the circumstances of your case.
If this is your second offense within a ten (10) year period, penalties are cumulative and you may also face a sentence of thirty (30) to one hundred eighty (180) days in jail and a license suspension of up to two (2) years.
On a third offense, a DUI charge turns from a misdemeanor to a felony if the third offense takes place within ten (10) years. This carries a prison term of two (2) to ten (10) years and a license suspension of up to two (2) years.
Administrative Per Se Hearing
After failing or refusing chemical testing and being arrested for driving under the influence, you will be mailed a "Notice of Suspension." This serves as formal notification to suspend your license on the thirty-first day after your arrest. The notice will also advise you of the short seven (7) day window you, or preferably your Hartford DUI attorney, will have to request an Administrative Per Se hearing with the DMV's Driver Services Division at (860) 263-5204 Monday through Friday, 8:30 a.m. to 4:30 p.m. or at 60 State Street, Wethersfield, CT 06161-2525. Failing to schedule a hearing will result in an automatic suspension and the loss of any possibility of getting your suspension thrown out.
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