St. Patrick’s Day is a heavily celebrated holiday in New Haven with celebrations of all varieties. If you were operating a motor vehicle after a celebration and were pulled over by police, our New Haven DUI attorneys may be able to help. If you have been drinking, it can be difficult to know what your rights might be in this situation, especially if you are unsure if you were lawfully or unlawfully stopped. Would you know what to do if you were asked to step out of your vehicle for a field sobriety, breathalyzer, blood, or urine test? The New Haven DUI attorneys at The LoRicco Law Firm can help you in your defense.
Under Connecticut’s drunk driving law, any motor vehicle operator is presumed to to have given their consent to determine blood alcohol concentration (BAC). If your BAC is over 0.08 you are considered legally drunk. If you are under the age of 21, you are considered legally drunk if your BAC is over 0.02. Therefore, if you are pulled over by law enforcement, you are expected to submit to testing if a police officer requests it. You do have the right to refuse this testing, however that comes with a penalty. If you refuse, your driver’s license will be suspended for 45 days and you will have one year with an Ignition Interlock Device (IID) in your vehicle at your expense for your first offense.
In order for a police officer to stop you, he or she must show that you were breaking the law. A traffic violation, problem with safety equipment on your vehicle, or swerving on the road (a possible sign of drunk driving) are probable cause to get pulled over. Without this, your stop may be unlawful and anything the officer gather against you cannot be used. Our New Haven DUI defense attorneys will gather evidence like police reports and eye witness testimony to build your case.
Refusal to Answer Questions
If an officer suspects you may have been drinking while operating a motor vehicle, he or she may come to your window and ask, “have you been drinking tonight?” They have likely seen some type of evidence that you have been driving under the influence such as swerving, inconsistencies in driving, smell of alcohol, among others. You do not have to answer any of these questions. You can politely and firmly assert your right to speak to your New Haven DUI attorney before answering any questions.
Right to a New Haven DUI Attorney
You have the right to an attorney as soon as you are placed under arrest. You can ask for an attorney as soon as you are pulled over. In this case you would simply give the officer any information he or she asks for (like your driver’s license, insurance, registration) and not say anything else to them that could be used against you.
Our firm as been defending those arrested on DUI charges along the Connecticut shoreline for over 50 years. Contact our firm to discuss your options.