Arrested for DUI in Connecticut?€¦ · Common Misconceptions about Being Charged with a DUI........

Arrested for DUI in Connecticut? (Useful Info Revealed That May Help

You Defend Your Charges)

By The Sills Law Firm, LLC

© 2020 The Sills Law Firm, LLC

Copyright © 2020 by The Sills Law Firm, LLC All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author.


DISCLAIMER:

This publication is informational only. No legal advice

is being given, and reading this material creates no

attorney-client relationship. If you are facing legal

issues, whether criminal or civil, seek professional legal

counsel to have your questions answered.

THE SILLS LAW FIRM, LLC

(860) 524-8118

[email protected]

www.ctcriminallawattorney.com

645 Farmington Avenune 182 Grand Street, Suite 211

Hartford, CT 06105 Waterbury, CT 06702


Client Testimonials

“I was arrested for DUI and thought there was no hope. My

blood alcohol content was 3X the legal limit. Attorney Sills

pointed out that I was treated unfairly by the police. I never

lost my license and my criminal charges were dismissed.”

– Shelley H.

……………………………………………………………..

“My Son called to tell me the good news about all charges

being dropped. Attorney Sills is good! I knew we picked the

right attorney. His excellent website led us to him. His

competence and style on the phone solidified the

relationship. And the results have created real client good

will.”

– Dave Z.

……………………………………………………………..

“I was facing 3 years in jail if convicted. Attorney Sills was not afraid to take my case to trial. When I heard the Jury say Not Guilty, I knew I had chosen the right lawyer.”

– Paul W.

……………………………………………………………..

“Mr. Sills helped me to understand all of the processes and

procedures. It really eased my mind to know I had such a

knowledgeable professional lawyer on my side. I can’t thank

you anymore for everything you have done for my case.”

- Sean K.


TABLE OF CONTENTS

Attorney Introduction ............................................................. 7

Why Does Experience Count in the Area of DUI Defense? ..................................................................................... 9

An Attorney’s Reputation Is Important: Good Working Relationships with the Judges and Prosecutors in the State Is Always Beneficial for Clients ................................... 10

Have DUI Laws Evolved Over Time? .................................. 14

Connecticut Offers an Alcohol Education Program for First Ever Offense DUI Charges ........................................... 17

If You Are Arrested, You Will Have to Go through the Criminal Justice System ......................................................... 25

Common Misconceptions about Being Charged with a DUI ............................................................................................ 31

Is Self-Representation or a Court-Appointed Public Defender Viable Options to Defend Your DUI Charge? ... 33

What to Avoid if You Have Been Charged with a DUI .... 35

Are Drug-Related DUI Charges becoming More Prevalent? ................................................................................. 40

Information about Breath Tests and Their Accuracy. Is Breath Testing For Ethanol Accurate? ................................. 44

The Penalties for Criminal Convictions ............................... 49

CT DMV License Suspension and Administrative Per Se Hearing ..................................................................................... 51

What Is Reasonable to Expect from Your Attorney? ......... 53


Jonathan R. Sills manages the firm’s Criminal Defense

and DUI Defense Practice. He is also the firm’s lead

trial attorney. Attorney Sills has an established record

of obtaining Not Guilty verdicts in Felony and DUI

Trials. He has been recognized by the

National Trial Lawyers Top 100 as

one of the top criminal defense trial

attorneys in Connecticut. In addition

he has been recognized by the

National Advocacy for DUI Defense

as one of the top DUI attorneys in

Connecticut. Attorney Sills has been

featured on NBC’s The Today Show

as a Criminal Defense Analyst. He authors the

Connecticut Practice Series book CONNECTICUT DUI

LAW, the premiere “how to” guide to defending DUI

cases in Connecticut designed for the legal practitioner.

Attorney Sills is a graduate of the University of

Connecticut and the University of Connecticut School

of Law.


WHY DOES EXPERIENCE COUNT IN THE AREA

OF DUI DEFENSE?

Interviewer: Tell me who would you hire if you were

in trouble on a DUI?

Sills Law Firm: I would hire

the more experienced person.

Interviewer: Why is that?

What have you learned through all these years of

experience that you believe that makes you a better

choice than someone that's inexperienced?

An Experienced Attorney Is Well Acquainted with

the Prosecutors and Judges and Knows What Juries

Will and Won’t Accept

Sills Law Firm: Of course, over time, you learn more of

the law each year, and you learn basically what

prosecutors will accept and won't accept, what a judge

will accept, and what a jury will and won't accept. I

think you learn all of that, but there are other useful

skills I think you develop, such as learning patience.

An Experienced Attorney Will Have Developed

Patience, Good Listening and Excellent People Skills

You learn how to listen to your clients. You learn how

to have a better handle on your people skills, especially

with prosecutors. I think some prosecutors are over


anxious, and you learn how to just be patient with

them and to talk with them and get your point across.

AN ATTORNEY’S REPUTATION IS IMPORTANT: GOOD WORKING RELATIONSHIPS WITH THE

JUDGES AND PROSECUTORS IN THE STATE IS

ALWAYS BENEFICIAL FOR CLIENTS

Interviewer: How well do you know the people in the

court system, such as the judges and the prosecutors?

Have you developed a pretty good relationship with

most of them over the years?

Sills Law Firm: Yes, I have a good relationship with

them. Over time I have developed good working

relationships with the judges and prosecutors. Our

attorneys have and regularly do appear in every

courthouse in the state of Connecticut. I've known the

prosecutors there basically ever since they started, and

the same with the court personnel. I've known them

since they were much younger and started in the

business. I have a familiarity with the people and how

they work.

Interviewer: Do you feel like because they know you

there's a level of respect they have for you that benefits

your client?

Sills Law Firm: Yes, I think so. I think they know how

you handle your clients and their cases. I think the


prosecutors know that if I'm representing this

individual that they can expect that I'll be respectful

and my clients will be respectful.

Interviewer: In terms of DUI, in Connecticut is the

charge called DUI or DWI? I know there are a number

of acronyms.

Sills Law Firm: I think it's pretty interchangeable

between DUI and DWI.

The Statute in Connecticut for Drunk Driving Is

Known as Operating under the Influence and Is Most

Commonly Referred to as DUI

Sills Law Firm: Actually, the statute is titled operating

under the influence, but most everybody refers to it by

the acronyms, either DUI or DWI.

Is There a Segment of the Population that Are Prone

to DUI Charges?

Interviewer: Is there a typical type of person that is

usually arrested for DUI that you have encountered?

Sills Law Firm: I've been trying to think of that

situation. I think the person that gets picked up for DUI

is generally the person that's out between the hours of

9PM and 3AM is generally driving fairly late at night

and, oftentimes, there are not a lot of other drivers on

the road.


Are You on the Roadways after Midnight? Sills Law

Firm Believes That the Time of Day of the Police Stop

Is the Most Common Factor among People Arrested

for DUI

With arrests generated by the police in our area, they

often are initiated by a traffic infraction, such as seeing

the motorist cross the center line. Quite often, the

police stop starts when the police notice some

maintenance factor with the car, maybe the car’s

taillight is out.

DUI Charges Do Not Discriminate: Any Driver Is

Subject to a DUI Charge

I think DUI is one criminal offense out there that really

doesn’t have a specific demographic. You certainly see

people from all walks of life whether it be teenagers,

professionals, older women, men, all races. It really

doesn’t have a specific demographic tied to DUIs. I

would say it’s certainly people that are inclined to be

out on the roads later in the evening and on weekends

especially because those are the high enforcement

times. I do think that the time, the hour of the day is

important. No matter whom you are, no matter what

your background is there's a high risk of being pulled

over if you're driving in any way erratically during

certain hours.


Interviewer: Are there more leniencies for a first time

offender, especially a woman who might be like a

single parent? If it goes to trial, do you think a jury

would be a little bit more lenient?

Sills Law Firm: Maybe at trial. I get what you’re

saying, and I really don’t see that all. Prosecutors tend

not to take into account an individual’s personal

situation or personal circumstances when deciding

whether or not to prosecute DUI. The primary reason

for that is in our DUI statutes. It’s actually the only

criminal statute that I know that requires a prosecutor,

if they’re going to drop a DUI case or even if they’re

going to change the charge to something less than DUI,

to state in open court their legal reasons for doing so.

Basically, they need to have a valid legal reason to drop

the charge or to reduce the charge. There needs to be a

problem with the stop, a problem with the arrest, or a

problem with the breath test. For example, there may

be a problem with the machine or they don’t feel that

they could prove the case beyond a reasonable doubt

for whatever reason. Virtually every other offense, a

prosecutor could just say, “I’m electing not to

prosecute this case,” and they don’t have to elaborate.

For DUI cases, they need to be able to state a valid legal

reason.


Interviewer: Is there anything about DUI that you have

seen change over the years? Are people today

different? Is the law very different?

HAVE DUI LAWS EVOLVED OVER TIME?

Sills Law Firm: Yes, I think the law is different. I think

the way the prosecutors treat the law is different. I

think the way the judges treat the law is different and I

think there are more groups

out there that are concerned

about drunk driving; a good

example would be Mothers

against Drunk Driving.

The Legal Blood Alcohol Limit Has Been Reduced by

Almost Half Since the 1960’s

I can remember back in the late 60s, early 70s, when

you had a DUI case, I think in some states it was .15.

Then it went to .10, and it stayed there for a while.

Now it is 0.08. NHTSA now wants it lowered to 0.05!

California Tests Were Used to Measure Impairment

Prior to the Advent of Breath Tests

Then some of the states didn't have a breath test, so

they really relied on what they called the California

Test. The police would arrest you and bring you into

the police station, and one of the tests was comprised

of checking your eyes.


The California Tests Were the Origin of the Standard

Field Sobriety Tests That Are Currently in Use

They would test your coordination and have you walk

and do a few tests along those lines. Then, they would

put several different coins down on a counter and then

they would say, "Pick up the penny," and some people

would pick up the dime. Or if they picked up the

penny, maybe they were having a difficult time picking

up the penny. They would say that their dexterity was

really off.

Then later on the police really started relying on the

breath tests. Then they started incorporating the field

sobriety tests when checking for impairment and those

tests had their genesis out in the California area.

Decades Ago, DUI Offenses Were Treated Very

Leniently

If it was your first offense, they might lower the charge,

and just give you a slap on the wrist. If a jail term was

required, you could serve your term in the county

courthouse. You could serve the term on weekends,

because you could just walk there and do it. A lot of

people received suspended sentences years ago.

They used to say that a day's worth of jail was eight

hours. Then the courts and the commissioner of

corrections got on them for that, and you had to go in

for 24 hours. They would offer all sorts of leeway. If


you had a 30-day jail sentence, you could serve it on

weekends.

Drinking and Driving Was Socially Acceptable

Decades Ago; However, Penalties Were in Place That

Had Significant Consequences for Car Accidents

Causing Injury or Death

It was a lot different. It was really part of the culture

that people drank and drove. It was more socially

accepted. But even decades ago, there were laws that, if

you drank and drove and you killed somebody or you

caused a bad injury, there were substantial

consequences. Then the penalties were more severe.

Current Laws Changing Multiple DUIs to Felony

Charges Have Penalties with Significant Long-Term

Consequences

I don't recall there being too many states that had

felony DUIs. Now, you know, DUI is classified as first

offense, second offense, and third offense. A second

offense in Connecticut is considered a felony, and a

conviction really has long-term consequences.

Interviewer: So a second offense is a felony. That's

pretty serious. That tells me that on a first offense you

shouldn't treat it lightly at all because, if you are

convicted or you plead out, you're setting yourself up

for a major problem if you ever are arrested again.


CONNECTICUT OFFERS AN ALCOHOL

EDUCATION PROGRAM FOR FIRST EVER

OFFENSE DUI CHARGES

Sills Law Firm: Here's where Connecticut is more

compassionate on first offense DUIs than most states. If

you never had a conviction for a DUI and you are

charged with a DUI in

Connecticut, and are found

eligible for the Alcohol

Education Program. You can

be granted the AEP, which

results in the case being dismissed – NO criminal

record.

The Alcohol Education Program (AEP) Is an Alternate

to Traditional Penalties for a First Offense DUI

That's a program where you do not enter a plea, but

you make application for the program. You go for an

evaluation which will determine how many classes you

are required to attend of this program. Connecticut

usually stipulates a 10 class or 15 class series.

After One Year and As Long As You Do Not Receive

Any Additional Charges, Your Criminal Record Will

Remain Clean

Sills Law Firm: Then there's a year's probationary

period. You attend the classes. You stay out of trouble.


If you stay out of trouble at the end of the year, your

case will be automatically dismissed and your criminal

history expunged. Then, if you receive another DUI in

Connecticut within a 10-year period, then that will be

considered your first offense. Then that's when jail is a

possibility.

“It’s my first offense. Do I really need a lawyer?”

Sills Law Firm: I get those questions all the time. I

would say DUI, with all of the facts you’re dealing

with the criminal courts as well as the Department of

Motor Vehicles, and the science involved with the

breath machine and the field sobriety test, you should

have legal representation. The sheer complexity of our

DUI statute, which is one the lengthiest criminal statute

on our books, and is probably one of the more complex

crimes to actually defend.

Interviewer: Wow! You said you’ve seen people feel

like they should try to defend themselves?

Sills Law Firm: Quite often. Quite often I get that.

They just go to court and try to talk to the prosecutor

on their own. I see people doing this. I’m sitting there

and I see the prosecutor saying, “We can’t give you

legal advice,” and they’re just trying to ask the

prosecutors questions or defend themselves. I have

seen people trying to go through the DMV process on

their own, which is sort of like a black hole if they’re


doing it on their own. It is a very confusing and very

complex body of law. A lot of people don’t realize this

until they actually get themselves involved in that

process.

Without an Attorney, You Would Have to Speak with

the Prosecutor, Who Will Note Your Answers in

Writing

Sills Law Firm: I believe Abe Lincoln, the famous Trial

attorney said, “a person who represents himself has a

fool for a client.” So, if you can I do not understand

why you would not want to, because in the criminal

justice system it is the Prosecutor’s duty to prosecute

you. He is not your friend. If you incriminate yourself

you may hurt your case.

The prosecutor will ask, "Have you ever had a DUI

before?" He certainly will not look at the file to make

sure the police officer followed proper procudures and

your rights were not violated.

In Connecticut, DUI First Offenders can be

Sentenced to a Suspended Sentence, Probation and

Community Service

The minimum penalty for the first offense is six months

in jail, of which 48 hours may not be suspended, unless

the judge agrees to 100 hours of community service in

lieu of jail. Probation is typically for a period of 18

months.


One a first offense, the minimum fine is $500 and the

maximum fine is $1,000. Court costs typically add

approxminately $300 any fine.

If you pick up another DUI, then that would be your

second offense, which would then be charged at a

felony level.

It Is Advisable to Always Consult an Attorney after

Being Charged with DUI

Generally the people say, "Okay," and they fill out the

form and go in front of the judge. Why not have an

attorney review your case to determine whether or not

there was an illegal police stop/detention and a lack of

probable cause to arrest you. If you can show an illegal

stop or no probable cause to arrest your case will go

away.

In Connecticut, There Are Two Components to a DUI

Charge, One Is Criminal and the Other Is Civil

Also, there's a second part to a DUI in Connecticut, an

Administrative Per Se suspension hearing at the

Department of Motor Vehicles. This hearing is separate

and distinct from the criminal hearing. One has

nothing to do with the other, but oftentimes, if you win

at the DMV, you might cause the prosecutor to rethink

the case against you.


Having Legal Representation Might Increase the

Chance of Prevailing at the DMV Hearing and May

Benefit Your Criminal Case

When we win the DMV Hearing I advise the

Prosecutor. It might cause him to rethink his position

in the hopes of dismissing the charge or reducing it to a

lesser charge. You never know. It may be persuasive

enough for him to nolle or drop the case.

Interviewer: What happens if you take the AEP

program? Will you still have your license suspended?

Will the Motor Vehicle Department still do that?

Sills Law Firm: The AEP does not result in a license

suspension; losing the DMV Administrative Per Se

Hearing does.

So people may think, "Oh, I'll just go into this program.

I don't have to worry about anything," but it's not true.

You could still end up with no license and problems.

All DUI Suspension are now for a Period of 45 Days

Regardless of whether you took breath test or refused

the test and regardless of your age of history of DUI, all

DMV suspensions related to DUI are 45 days. If it is

your first DUI suspension, you likely will qualify for a

work permit. However, DMV now requires in every

DUI suspension, that you instiall an ignition interlock

device (“IID”) before they will reinstate your license.


The Length of Your IID Requirement is Dependent

on Whether or not you took the Breath Test, Wether

or not you’ve had Prior DUI Suspensions, and your

Age

Sills Law Firm: If are over 21 and fail the beath test

and it is your first offense, the IID term is for 6 months.

If it is your second offense the term is 1 year and if it is

your third or subsequent offense the term is 2 years. If

you are under 21 and fail the beath test and it is your

first offense, the IID term is for 1 year. If it is your

second offense the term is 2 years and if it is your third

or subsequent offense the term is 3 years. If you

refused the breath test (regardless of age) and it is your

first offense, the IID term is for 1 year. If it is your

second offense the term is 2 years and if it is your third

or subsequent offense the term is 3 years. If you are

under

Interviewer: Do you typically see that clients are truly

drunk at the time of arrest or are they close to the .08

limit and they are arrested anyway?

Is the Average Blood Alcohol Level of People That

Are Arrested for DUI Generally High?

Sills Law Firm: It depends upon what you mean by

“High.” I find most people to be in the 0.1500% range.

Their balance is off and they appear to be slightly


impaired - NOT what we would commonly thing of as

“drunk.” But these words have meaning in the law.

Interviewer: That's what I mean. Is drunk driving a

misnomer, and a lot of people aren't really drunk.

They're just maybe impaired a bit?

Below the Legal Limit: Some States Still Maintain an

Impairment Statute

Sills Law Firm: Yes, that's how I would say it. Some

states have an impairment statute. New York State has

an impairment statute so that, if you're at a certain

level below .08, it's driving while impaired and not a

DUI. Connecticut used to have an impaired statute. If

you were below .08, you got charged with impaired,

and so you didn't suffer the rigid consequences of a

DUI.

If You Are Pulled over by the Police and Fail the

Sobriety Tests, You Will Probably Be Charged,

Regardless of your Breath Test Result

Interviewer: What happens now if you blow below a

.08? Will they let you go? Or they'll charge you with

something else?

Sills Law Firm: No, they'll charge you with a DUI.

Even if you don't have anything in your system. Once

they've pulled you over, and they say you've failed the

field sobriety test you will be arrested. I've had people


with zero alcohol on the breath test arrested. The Police

arrested them based on SFST and some other observed

issues: odor of alcohol, slurred speech, glazed, glassy

and watery eyes, poor balance.

Interviewer: Now refusing a breathalyzer, how would

that impact someone’s case?

Sills Law Firm: At criminal

court, if a judge or a jury finds

that you had refused to take the

test, they’re allowed to draw a

negative or adverse inference

from that refusal. They may infer

that you refused the test because

you thought there was a reasonable chance that you

might fail it. Basically, if you didn’t have anything to

drink or you weren’t under the influence, you would

you not submit to a test and give yourself an

opportunity to show that you hadn’t been drinking.

Also, with the Department of Motor Vehicles in

Connecticut, they actually consider it more serious to

refuse to take a test than to test very high. You’d face a

license suspension generally twice as long as you

otherwise would, and you would not be immediately

eligible to get a work permit, even if it was your first

offense.


IF YOU ARE ARRESTED, YOU WILL HAVE TO

GO THROUGH THE CRIMINAL JUSTICE SYSTEM

They'll say that they've developed probable cause,

because the individual failed the field sobriety test, or

they slurred their words, or their eyes looked red and

watery, or they smelled an

odor of an alcoholic beverage

on their breath. I've had

officers testify that they've

smelled an odor of an

alcoholic beverage on their breath or coming from the

car or on their person, and when they got the breath

test result, there was zero alcohol present.

Interviewer: Are those cases pretty defensible, or is it

still a problem?

A Negative Breath Test Result Will Oftentimes

Result in a Request for a Urine Test for the Presence

of Drugs

Sills Law Firm: Yes, for the most part, they're

defensible, but even though you have a defense to the

DUI charge, you still have to go through the criminal

justice system, sometimes even through trial. In

Connecticut, if you test zero on the breath test, they'll

ask for a urine test, because then they think that you

have ingested some drugs.


Will Connecticut Police Request a Blood Sample

from a Suspected Drunk Driver?

Interviewer: Is it pretty rare that Connecticut police

will ask for a blood test?

If You Are Taken to the Hospital, the Police Will

Request a Blood Sample

Sills Law Firm: Often times, when they ask for a blood

test there's an accident, and the police officer calls an

ambulance to take you to the hospital, he'll follow you

there, and request a blood draw.

As a general rule, if you get taken to the hospital,

generally the emergency room physician requires some

blood work. Then what happens is, if they don't make

an arrest the Police will get a search warrant for the

results of the blood work and then arrest you by

warrant at some later date if the results show an

elevated blood alcohol concentration or presence of

drugs.

Are There Commonalties among DUI Arrests in

Connecticut?

Interviewer: Is there any typical backstory you hear

from people who have been arrested, such as, "Oh, I

didn't feel drunk," or "I only had two beers"?


Sills Law Firm: Most people are willing to admit that

they've had something to drink. I would say the

majority of people say that they did not feel as if they

were impaired and not able to drive. Most say they

were not drunk. All DUI cases are different however.

The only real commonalities you speak of are drinking

and driving.

The Most Common Reason for a DUI Arrest Begins

with a Police Stop for a Traffic Violation

Typically what occurs is a cop sees someone cross the

center line while driving—failure to drive right. I

mean, who hasn’t crossed the center line when

driving? Or if you're out at one o'clock in the morning,

and you're driving home, and you're on a four-lane

highway, two lanes going your way, a lot of times you

cross over into the other lane without signaling, or

maybe you weave a little bit in your lane. Often times

the police stop motorists for driving over the fog line.

A common reason for the stop is that the motorist is

driving erratically. A lot of times the police stop

people because a tail light is out.

The Field Sobriety Tests Are Designed to Be Difficult

to Perform

At that hour, the police can get away calling it erratic

driving and pull you over. God forbid you had

anything to drink because when they get you out of the


car, those field sobriety tests are hard for anybody to

do well on. And, the erratic driving seems more likely.

The odds are completely stacked against you. It is not

like you're taking a test in school where you can get 100

or 85 or 95. It's really a negative test where the highest

grade you can get is zero. I mean, if you get them all

right, you don't get any points.

No Margin for Error: In Order to Pass the Field

Sobriety Tests, you perform All of Them Satisfactorily

Interviewer: Right. It's like a pass/fail where the pass

is a 99% or so?

Sills Law Firm: You are supposed to do them all

perfectly. The officer doesn't say, "Oh, wow, you were

fantastic. I'm not going to arrest you." They do not say

that. What happens is, they give you these tests, and

they say, "Well, you didn't walk heel to toe, and you

didn't do this or that." Their official language is, “Not

performed to standard.”

Connecticut Does Not Always Videotape the Field

Sobriety Tests

Also, Connecticut doesn't require the performance of

the sobriety tests to be on video. It would be great if

law enforcement was required to videotape the SFST.

A picture is worth a thousand words! It would help

those charged with a DUI.


Corroborating Evidence: Videotape Can Support a

Driver’s Claim

Interviewer: Yes, because the video doesn't lie.

Sills Law Firm: How do you corroborate? It's the

officer’s word against your word. Who do most people

believe? Even though they have a hard time with the

police most of the time, most people are going to say,

"Well, I believe the police officer." I say, “Trust the

police but verify what they say through videotape of

each DUI arrest.”

Interviewer: In other states where there's legal

evidence that magically disappears sometimes, too, so

that doesn't really solve it.

Sills Law Firm: I had a DUI case, which was taped and

the video would have been dispositive of the case.

Unfortunately, the tape disappeared. I went to pretrial,

and the judge said, "What do you want me to do, throw

out the case because there's not a video?" I said, "Yes."

He said, "I'm not going to do that." He said, "I'm not

going to do that, because at trial you'd have the

testimony of the police officer and the ability to cross-

examine him." He claimed the video was not

dispositive of the case.

Interviewer: Well, that's true.


It Is Human Nature to Alter Testimony to Support a

Particular Viewpoint

Sills Law Firm: Far be it from me to say that police get

up on the witness stand and lie but many believe they

do. If you read any of the criminal mystery stories that

are written, you'll see that the testimony is tailored to

suit their own needs.

Interviewer: Well, the police are human, just like

anyone else, so they're subject to the same foibles as

everyone else.

Sills Law Firm: Sure, the problem is that the truth is no

match for a good liar. I'm happy with the system, but

I've seen some of the police departments use creative

writing in their arrest reports, and so that's that.

COMMON MISCONCEPTIONS ABOUT BEING

CHARGED WITH A DUI

Interviewer: What are the top misconceptions clients

have about the whole DUI

process when they come to

see you that you have to

explain to them?

People Are Commonly

Mistaken about the Penalties for Multiple DUI

Charges


Sills Law Firm: I think that when people come in to see

a lawyer, there can be a few factors about the charge

that they are confused or either misinformed about.

Many times, one of the misconceptions is when you

hear, "I work with a man, and he had five DUIs, and he

never saw a day in jail. Here, this is only my second

DUI, and you're saying the prosecutor wants me to go

to jail."

People Misinterpret the Written Statute

Or they go on the Internet and they read the statute,

and they come back and tell you what the law is. You

say to yourself, "What did the [state] do? Just change

the law or something like that? I'm not aware of that."

They misinterpret what the statute actually specifies.

Or, if they're just an out-and-out alcoholic, even though

they're functional, and you have to deal with the

ancillary issues. Truthfully, that's probably the

toughest thing to have to deal with. "I wasn’t' drunk. I

only had six or seven beers and I drank over a seven-

hour period." The Denial.

You’re DUI Case Is Not the Same as Your

Acquaintance’s or Your Co-Worker’s

The biggest misconception is they always have an

acquaintance that's had six or seven DUIs that's never

been in jail. I say to them, "Not in this day and age, but

I have had clients that have had six or seven DUIs and


have not gone to jail." It wasn't through any expertise

on my part as a lawyer. It was, the year they had them,

where they had them and other factors. The DUIs that

they had may have been out of state, and their record

didn't follow them to Connecticut, so that when the

prosecutor ran their record, nothing turned up.

IS SELF-REPRESENTATION OR A COURT-APPOINTED PUBLIC DEFENDER VIABLE OPTIONS

TO DEFEND YOUR DUI CHARGE?

Interviewer: Do you have people that say, "Oh, well,

maybe I'll just represent myself or I’ll get a public

defender."What are the pros and

cons of those options versus a

private attorney?

Sills Law Firm: I think years ago,

people used to say, "I don't want to

go to a public defender, because

they're not very good." I think

they're pretty good. They are very smart. Some have

vast trial experience. I think a private attorney might

handle things differently. In other words, if you hire a

private attorney, he's going do both matters for you –

DUI and DMV.

Private Attorneys Can Devote More Time to Your

Case


I think the private attorney might tend to investigate

the matter more. And, he might be willing to stay with

the case a little longer in order to have continued

negotiations with the prosecutor and judicial pretrials.

I would say that most people that can afford it do get

themselves an attorney, at least in my experience.

A Public Defender Will Not Represent You at the

DMV Hearing

Interviewer: Well, if you have a public defender or you

choose to defend yourself, I think you mentioned that

you'll get an incomplete defense, because the DMV

part of it is not addressed by a public defender.

Your Attorney Can Investigate Your Case during the

DMV Hearing by Cross-Examining the Arresting

Officer

Sills Law Firm: You do not get an incomplete defense

in Court by the Public Defender. As a general rule the

Public Defender will not represent you at the DMV

hearing. Here's one thing about the DMV that's

important. If you're charged with a criminal offense,

you normally don't see attorneys in the criminal bar

taking a deposition of the police officer. I can't think of

any time that I have done that, although if you call a

police officer and set up an appointment and he meets

with you, generally, he'll talk with you whether you're


a prosecutor or a defense attorney. Sometimes the

prosecutors will tell him not to talk.

With the DMV hearings, say I have a felony DUI case

where there was a serious accident, I can have a full

hearing and subpoena the police officer. I can put him

on the stand and cross-examine him with regard to

how he determined probable cause and why he did

what he did, and where he stopped, and why he

stopped the person. I can get a sense of how he's going

to be on the witness stand, and all of the questions that

he says he asked the person in his report, and all the

other reports that he generated, I am able to go over all

of that with him.

Because of this I can be ahead of the game at the point.

I go to trial.

Your Defense Attorney Can Subpoena Other

Witnesses at the DMV Hearing to Help Prepare for

Your Criminal Trial

It gives you a little more insight. You can subpoena

other witnesses at this DMV hearing. Suppose you had

a passenger in the car or a passenger that saw the

police officer give the field sobriety test and they say,

'The driver did what he was asked to do." Coming back

to self-representation, if you just go to the prosecutor

on your own, that aspect isn't handled. Generally, the


public defender won't do that. I've seen them do it on

occasion but that's rare.

WHAT TO AVOID IF YOU HAVE BEEN CHARGED

WITH A DUI

Interviewer: What are the most common mistakes you

see people make that hurts their case?

Should You Exercise Your Fifth Amendment Rights

after a Police Stop?

Sills Law Firm: Well, if you look at all of the Internet

sites and other information,

they are all instructing readers

that when you get stopped,

you shouldn't talk with the

police officer. You should

refuse and assert your Fifth

Amendment right. Don't do the breath test. Don't do

this. Don't do that. When you cooperate with the

officer, you are giving more evidence to the officer to

develop a case of probable cause to arrest you.

It Is Human Nature to Be Cooperative, Especially

during a Situation with an Uncertain Outcome

Most people who are pulled over on a motor vehicle

stop are nervous and want to co-operate and answer

the police officer’s questions. I think most people feel

they have to answer the police officer’s questions.


Sills Law Firm Advises to Always Remain Polite and

Respectful When Talking to the Police Officer

You should not be disrespectful to the officer. I think

you should be respectful.

If you don't want to say anything, just tell the police

officer that, "You know, I appreciate the job you're

doing, or thank you very much, but I'm not going to

answer any of your questions and, if you want to arrest

me, take me into the police station now." You can

refuse to perform the standard field sobriety tests and

you can refuse the breath, urine or blood tests.

However, taking this approach if it is your first ever

DUI arrest can have consequences with regard to

obtaining a work permit.

In Current Times, There Is an Increased Sensitivity

toward DUI Issues

I believe most state courts are very sensitive to DUI

issues. They feel that a police officer can make a

judgment that a person is operating under the

influence even if they don't give them the field sobriety

test, just by looking and talking and seeing how an

individual walks and talks after they have been pulled

over. I think there are a lot of things people tell us that

we shouldn't do, but I think it's difficult for the average

person not to do it, even if it is in their best interest at


the time. Remember, public policy arguments make

for public policy decisions by courts.

It Is Imperative to Avoid a Second DUI Charge While

Your First One Is Still Pending

Interviewer: How about once they've been arrested

and they are going through the process, do people

commonly make any errors at that stage that hurts

their case?

Sills Law Firm: I often tell clients that one DUI may

not be terribly difficult to deal with but dealing with

two at the same time give the prosecutor an enormous

advantage. He can pick and choose which DUI is

better for him to prosecutor. Whereas with one, we can

often get the case dismissed, with two, you may be

looking at two DUI convictions or two trials.

It Is Common for Many People to Turn to Alcohol

during Times of Stress

I attribute this statistic to stress. For example, take a

parent. They operate under a great deal of stress every

day. They has children; a spouse, or the they are a

single parent. T working full time. What do we

typically do to self-medicate? Many of us self-medicate

with alcohol, thinking that it calms us down. Many of

us get home from work and the first thing we do is

grab a beer or grab a couple glasses of wine just to

relax.


Sills Law Firm Encourages Clients Who Have

Multiple DUI Charges to Seek Counseling to Better

Understand the Pattern of Their Alcohol

Consumption

It is almost as if they can't help themselves. I think

that's a big issue, and I think a lot of people are

reluctant to help themselves. I like my clients to

undergo counseling just to see where they're at in their

drinking patterns. I don't think it's coincidental that

they picked up a second DUI. They're doing something

that is just not right. Why be out at two o'clock in the

morning?

At 2 AM, the Police Will Most Likely Assume You

Are Returning from a Drinking Establishment

Of course, you've got the right to be out at two o'clock

in the morning, but the police officers are going to

presume, if you're by yourself and you're out, there's

only a handful of reasons you're coming home at two

o'clock in the morning. One of them, and probably the

predominant one, is that you're coming home from a

bar.

Interviewer: Or you could be working at that time,

delivering bread or milk?

Sills Law Firm: That’s true. I was stopped going to my

office at 3:00 A.M. I was groomed and well dressed and

did not exhibit signs of being impaired. So I would


think that coming home from work the person would

not smell of alcohol or his affect would be normal.

While Alternate Modes of Transportation Are

Available, Many People Make the Choice to Drink

and then Drive

I think there are a lot of easy things a person could do

to help themselves, but they make mistakes and end up

facing a DUI charge. Or once they've been convicted

and they're in a license-suspension period, they drive.

They don't get picked up and violated for driving

under suspension because the officer just saw their car

and thought they were drinking. Most likely, the

officer observes their taillight out or not driving with

the headlights on when it is dark, speeding, etc.

You have to be aware of all the chances you take when

you drive after drinking. You're told when you learn

how to drive you have to be conscious of the dangers

that exist, but as we get older, we forget about the

headlights and taillights. All of a sudden the officer

says, "I just stopped you because your taillight was out

and, by the way, have you had anything to drink?"

Now you are on your way to your second DUI charge.


ARE DRUG-RELATED DUI CHARGES BECOMING

MORE PREVALENT?

Interviewer: On the DUI cases you encounter, are they

mostly attributed to alcohol,

or are you seeing prescription

drug and illegal drug cases

instead of alcohol-related

cases?

The Number of Drug-Related Offenses Are

Increasing in the Connecticut Area

Sills Law Firm: Well, we're seeing more and more

prescription drug DUIs, and we're seeing more and

more drug-related arrests and police stops. Some of the

police departments now, or at least most of them, have

DRUG ENFORCEMENT specialists. If a person is kind

of acting like they are under the influence of

something, the police officer brings them in. They call

in the drug specialist to make a determination whether

they're under the influence of drugs.

We're seeing a lot of marijuana-related cases. Now, I

understand that they're developing a test that will

measure marijuana. They're going to come up with a

measurement to say at what point a person is under the

influence of marijuana. The confusing aspect about

marijuana-related cases now is that they can detect the


drug is in your system, but you could have smoked it a

week ago, and it's still in your system.

Are Drug-Related DUIs Defensible?

Interviewer: Well, are the drug-related cases harder or

easier to defend?

Sills Law Firm Has Found All Cases Are Hard To

Defend. These Are Crimes!

Sills Law Firm: Everything is tough today.

There Are Many Attorneys that Look for Plea

Bargains Rather than Taking a Case to Trial

Interviewer: Well, why don't attorneys want to try

cases do you think? Or why are they not trying them?

Sills Law Firm: Well, I think a lot of attorneys haven't

tried a case in their lifetime, so they'd rather negotiate

it than try it, so they put their efforts into negotiating a

resolution. Going to trial is expensive and

unaffordable for many. So, negotiating a resolution is

more cost effective.

Will You Face Penalties for Wanting to Take your

DUI Case to Trial?

Interviewer: Is there any punishment from the courts

for going to trial? Does the court come down harder on

people for taking their time up or forcing a trial?


Sills Law Firm: Yes, but not in all cases

The Judges are Likely, However, to Impose Harsh

Sentences on Defendants Who Act in a Disrespectful

Manner

I think where it comes into effect is that, if you have a

client that really acted in a poor manner up until the

point of his arrest or subsequent to his arrest and didn't

try to learn from the error of his ways, I think a judge

at the trial might say to himself, "You know, I'm going

to use my discretion here and give you a little kicker

here on the penalty, because you're clearly guilty, and

you didn't learn anything by the experience, and I'm

hoping that this type of punishment will cause you to

stop drinking and driving."

You do hear other attorneys saying that they think

there is a penalty if you go to trial.

It Is Advisable Not to Give up While Your DUI Case

Is Pending, Even If It Is a Frustrating Process

Interviewer: What do you say to people that complain,

"I can't take it anymore. I just want to give up and get

this over with," while you're representing them, once

they've been charged? They just kind of want to throw

in the towel.

Sills Law Firm: I try to tell them to just let me try and

do my job. I'm not a magician, but just let me try and


do my job. I say, "If that's all you wanted to do, you

really didn't need me to do that. You could have just

gone in on your own. I really have to be able to

function and do my job and try and do things my way

to get you out from under this or at least to get some

remediation here."

You Must Let Your Attorney Do His or Her Job

For the most part, I can convince them to do that,

because they're not really talking a lot of time. What is

occurring is that they're just upset with themselves,

and they're nervous about what will happen next.

Interviewer: I think the point is, "Don't give into them.

Let you do your job."

Consequences from a Conviction for DUI Can Be

Costly, Long-Term and Detrimental

Sills Law Firm: Yes, because why hire a lawyer and

then spend all that money to give up and not let him

try to do his job properly. There are a many issues

attached to a DUI charge. There is the possibility of jail.

There is probation. There is the victim impact panel

that courts want you to take given by the Mothers

Against Drunk Driving. There's community service.

There are fines, fees and costs. There could be long-

term employment and financial consequences for a

conviction. Increased insurance premiums for years

are a reality.


INFORMATION ABOUT BREATH TESTS AND

THEIR ACCURACY. IS BREATH TESTING FOR

ETHANOL ACCURATE?

Like any machine-computerized or mechanical-errors

occur. I attended a demonstration of a breath testing

machine where the expert giving the demonstration

had beakers of different hydrocarbon liquids-acetate,

methanol, isopropyl alcohol and ethanol. When each

was tested the machine treated all of them as ethanol.

The machine did not filter out the non-ethanol

solutions as it should have. There are times when

people have interfereants in their mouth, i.e.

mouthwash and the machine does not register that,

which means the test score was higher than it should

have been. In these examples the filter did not work to

separate out the non-ethanol hydrocarbon.

Another example is where noise-sound waves-can

affect the motor that spins the filters-noises like the

police walkie talkies can affect the results. There is

supposed to be a mechanism that should have filtered

out the sound waves at certain frequencies. On most

machines there is an escape valve on the back of the

machine when it is covered it does not allow the

chambered breath alcohol to be fully exhausted and

thus contaminates a test with alcohol that does not

belong to the person being tested or the newly tested

sample, which brings on a higher reading.


The breath machine has a computer chip and when it

malfunctions the test results are inaccurate.

Many individuals and scientists who are expert in this

type of testing steadfastly indicate that body

temperature affects the testing process, which is not

accounted for by the machine. To counter these

manufacturers say that the tube through which you

blow is kept at a certain temperature. However, it is the

person’s body temperature that is important and what

if his normal temp is above the average or he has a

fever. These factors could raise your breath test scores.

There are instances when the machine itself does not

self- calibrate accurately. The machine before and after

each test must self-calibrate against the machine’s

known quantity sample. If it fails to do so accurately

then the machine that analyzed your sample could be

inaccurate and invalid. But what if the self- calibration

is within the margin of error-Connecticut allows 5%

either way-does this mean the machine was accurate?

No. If you get the machine’s repair history you may

pick up a machine with a long repair history of various

kinds of problems that can affect the accuracy of the

sample or at least bring into question the issue of

accuracy.

Dr. Michael Hlastala claims that Alcohol Breath Testing

does not allow for racial and gender bias. He claims


that “small or larger lung volume has an effect on the

test results.” He goes on to say that,” Inherent in the

justification of the Alcohol Breath Test(ABT) is the

presumed equality between end-exhaled alcohol

concentration and alveolar alcohol concentration that is

directly related to the blood alcohol concentration

(BAC). Thus the ABT (Alcohol Breath Test) has been

viewed as an accurate indirect measure of BAC.

However, recent literature has shown that such a

relationship between breath and blood is not

necessarily identical for all individuals. An assumption

used in the development of the ABT is that the last part

of the exhaled breath has a concentration that is equal

to that in the alveolar gas. This long-held assumption is

the basis for justifying the ABT as an accurate measure

of BAC. However, it has recently been shown that end-

exhaled alcohol concentration (EEAC) is less than

alveolar alcohol concentration (AAC) due to the

exchange of alcohol in the airways with the bronchial

circulation during both inspiration and expiration 2-4.

The relative difference between AAC and EEAC varies

with alterations in the breathing pattern.” Dr. Hlastala

is indicating that you just cannot say that the breath

machine takes into consideration all people because

weights of individuals are different as is the size of

lungs in each person and race and gender and lung

volume. The testing that he refers to indicates that in

cases where lung volume is lower the BAC could be


higher. He believes that the old assumptions do not

hold up in view of these more recent studies.

Many lawyers believe that the breath machine is not

the most accurate method and that it is fraught with

numerous mechanical breakdowns as well and many

other types of problems some of which I have tried to

explain in the preceding paragraphs. Then there is the

computer program that processes the results and what

that program consists of and the argument that it does

not take into consideration the issues of lung volume,

race and gender.


THE PENALTIES FOR CRIMINAL CONVICTIONS

Under Connecticut’s criminal law, a driver arrested for

DUI will receive both a summons and a court date. If

the court proceedings result in a conviction, the

following penalties must be imposed:

Operating Under the Influence of Alcohol or Drugs, C.G.S §14-227a, §14-227g or §14-111n

conviction on or after January 1, 2012

First Conviction Second Conviction

Third or

Subsequent

Conviction

Fine $500 to $1,000 $1,000 to $4,000

$2,000 to

$8,000

OUI convictions

after January 1,

2012.

• 45 days license suspension.

• All other terms of suspensions must be served except 14-227b.

• One year IID requirement from restoration date.

• If previously convicted of 53a-56b or 53a 60d, it’s considered the 2nd offense.

• 45 days license suspension or until

21st birthday, whichever is longer.

• All other terms of suspensions must be served except 14-227b.

• Three years IID requirement from restoration date.

• If you serve less than a one year suspension, you are restricted to drive to and from

work or school, an alcohol or drug abuse treatment program, probation appointments or an ignition interlock device service center for the first year. (You must carry the appropriate schedule at all times.)

Permanent

Revocation.

May

request a

hearing

after at least

2 years after

date of

revocation.


Vehicular Manslaughter, C.G.S. §53a-56b or

Vehicular Assault, C.G.S. §53a-60d

First Conviction Second or subsequent Conviction

Vehicular

Manslaughter

conviction

1 year license suspension.

Two years IID requirement

from restoration date.

1 year license suspension. Two years IID

requirement from restoration date.

Vehicle Assault

conviction

1 year license suspension.

Two years IID requirement

from restoration date.

1 year license suspension. Two years IID

requirement from restoration date.


CT DMV LICENSE SUSPENSION AND

ADMINISTRATIVE PER SE HEARING

Administrative Per Se through DMV

The driver’s license sanctions (license suspension

periods) outlined below have been revised recently and

will be imposed in addition to criminal penalties. In

most cases, the driver’s license sanctions will be

imposed much earlier. In all cases, they will be

imposed in addition to criminal penalties and will

appear on your driving record.

Interlock Ignition Device Requirement following a 45-day License Suspension

Blood Alcohol Level 1st Offense 2nd Offense 3rd Offense

Refusal to submit to a blood, breath or urine

test.regardless of age. 1 year 2 years 3 years

Age 21+: (1) Test results of .08 or higher, or (2)

Test results of .04 if operating a commercial

vehicle

6 months 1 year 2 years

Under 21: Test results of .02 or higher 1 year 2 years 3 years

DMV SUSPENSIONS FOR DUI AND OBTAINING A

WORK PERMIT

Interviewer: What’s the work permit again?

Sills Law Firm: It’s something that allows you, as

long as you have verifiable employment, to be able

to drive during a certain time period to and from

work and within the course of your employment.

It allows people to continue working to earn a


living to support themselves even during the

suspension.

It’s only available to first time offenders. It’s

different from the hearing that you would go to.

There’s a different department at the Department

of Motor Vehicles that reviews those, determines

whether or not they’re appropriate.

A work permit is available to people who have

never had a previous alcohol related suspension,

who take the test, they don’t refuse to take the test,

and it’s available to people whose driving record

doesn’t reflect more than three moving violations,

so there are qualifiers to get the permit, and they’re

pretty strict. Another other reason why DMV will

allow you to drive on a suspended license will be if

you have verifiable schooling, like if you’re a

college commuter student or you’re a grad student,

things like that. As long as you can show that you

are in school, you could get a permit to drive to

your classes. The DMV will now also allow you to

drive for medical appointments.


WHAT IS REASONABLE TO EXPECT FROM YOUR

ATTORNEY?

Interviewer: What is a reasonable expectation that a

client should have when

they retain you, and what's

an unreasonable one in

terms of the outcome of the

case? I know every case is

different.

It Is the Attorney’s Job to Represent the Client to the

Best of His or Her Ability and To Protect the Client’s

Constitutional Rights

Sills Law Firm: I would like to emphasize that the first

thing is a client should not think that an attorney is a

magician, and he's going to get you off scot-free. The

attorney's job is to represent the client in court to the

best of his ability. That means protecting his

constitutional rights. The Attorney must communicate

with the client so the client understands what’s going

on.

By Retaining an Attorney, You Are Providing

Yourself with the Best Opportunity for a Favorable

Outcome in Your DUI Case


When you retain counsel, you are calling on an

attorney to go over everything, to make sure that the

prosecutor, whose job it is to enforce the laws, does so

fairly and correctly. If that means that when you hire

an attorney he finds out whether you were stopped

properl, whether there was a lack of probable cause,

that's what the attorney's job is, and then to advise the

client accordingly.

Sills Law Firm Does Not Make Promises in Haste to

Clients; Instead, He Investigates All Aspects of the

Case before Advising the Client on Which Course to

Take

I advise potential clients when they come in “I will

represent you and explain what I do. I need to review

the arrest report. The question is whether or not I can

convince the prosecutor that the arrest report is really

contrary to what actually happened. That's really quite

a job! Or, that the law favors the client.

Most people want to hire an attorney because they

don't want to be falsely played by the police or by the

prosecutor. It's as simple as that!

Same Sides of the Battle: Sills Law Firm Believes that

When They are Retained, the Client Is Hiring Then to

Help Fight This DUI Charge As Strongly As the

Client Wants to Fight It


To put it plain and simple, an individual coming in to

me generally just doesn't want to be falsely played; he

wants to be protected. He knows that he could get

convicted, but he just wants, if he is convicted, to go

down with a fight.

DISCLAIMER:

This publication is intended to be informational only.

No legal advice is being given, and no attorney-client

relationship is intended to be created by reading this

material. If you are facing legal issues, whether

criminal or civil, seek professional legal counsel to get

your questions answered.

SILLS LAW FIRM

(860) 524-8118

[email protected]

www.ctcriminallawattorney.com

645 Farmington Avenune

Hartford, CT 06105

182 Grand Street, Suite 211

Waterbury, CT 06702

Arrested for DUI in Connecticut?€¦ · Common Misconceptions about Being Charged with a DUI........

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