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Five Things you Must Know if You Are Arrested for DUI/DWI in Connecticut.

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

 

When you are looking for a DUI/DWI lawyer for a DUI/DWI case in Connecticut you should know these five things.

1. What can I do to defend my DUI/DWI case in Connecticut?

            If you are charged with DUI/DWI then you are charged with a serious crime.  Don’t make the mistake of assuming that there is nothing you can do to improve your situation.

            The way to defend yourself is to identify the defendable issues in your case, and focus on those issues.  The starting point is to be able to identify the issues.   There are several key elements that need to be proven against you by the State of Connecticut, and the Department of Motor Vehicles.   If to can win on only one key element you can win your case.

2. What is the presumption of innocence in a DUI/DWI case in Connecticut?

            Under the United States Constitution, you are presumed innocent.  This means you did not commit DUI/DWI drunk driving crime unless, and until the government proves otherwise beyond any reasonable doubt.  The presumption of innocence applies in a Connecticut DUI/DWI case just like it applies in any other criminal case.  Based on the rule that you are presumed innocent the state must prove each element of the crime beyond any reasonable doubt.  It is your single most important right when you are charged with a DUI/DWI in Connecticut.

3. What are the two prongs to defend against in any DUI/DWI case in Connecticut?

            There are actually two separate cases to defend against when you are charged with DUI/DWI.  First, there are the criminal charges brought by the State of Connecticut.  These charges are brought in criminal court.   Second, there are administrative charges brought by the State of Connecticut, Department of Motor Vehicles (DMV).   While these charges are not brought in a criminal court, the DMV hearing is a formal proceeding similar to a court hearing.  The DMV hearing is called a “per se” hearing.   Therefore, the two prongs that you must defense against in your DUI/DWI case are (1) the court criminal charges, and (2) the Department of Motor Vehicle license suspension process.  Each process is a separate process that the State of Connecticut brings against you.   You can win one, both, or neither.  They are two truly separate proceedings.  You must take both of them seriously.

4. What does the state have to prove in Court in the criminal part of the DUI/DWI case in Connecticut?

            If you are charged with DUI/DWI in Connecticut, then the State of Connecticut has charged you with violating Connecticut General Statute § 14-227a.  In order to be found guilty of this law, the prosecutor must prove beyond any reasonable doubt that you violated each an every element of the DUI/DWI charge.   The elements or parts of a DUI/DWI charge are defined by General Statute § 14-227a.   The general elements that must be proven by the State are that you were (1) operating a vehicle; (2) on a public road; (3) while you were under the influence of alcohol or a drug or both, or that your had an “elevated” amount of alcohol in your blood above a certain defined level that changes frequently.  As of this writing, if you are over the age of 21, you are legally intoxicated if your blood alcohol content (BAC) is .08 or higher.  If you are 21 or younger, you are legally intoxicated if your blood alcohol content (BAC) is .02 or higher.

5. What does the Department of Motor Vehicles (DVM) have to prove to take away my license or my right to drive in Connecticut after a DUI/DWI arrest?

            The Department of Motor Vehicles (DMV) has to prove the existence of four things in order to take away your license or right to drive in Connecticut.  They must prove (1) operation; (2) that you were placed under arrest; (3) probable cause to arrest; (4) and that you failed the test, or refused to take the test.

Where to get help for your DUI/DWI in Connecticut.

            If you have been arrested for DUI/DWI in Connecticut we can help.  Contact The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut 860-445-8521 or toll free at 888-717-4211.


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