Group Picture of The Law Offices of Mark Sherman, LLC

DUI / DWI Arrests in Darien, Connecticut (Part 1 of 3)

DUI / DWI Arrests in Darien, Connecticut
(Part 1 of 3)

As the best Darien Connecticut DUI / DWI criminal lawyers and attorneys know, a Darien Connecticut DUI / DWI charge under CGS 14-227a sets two separate and distinct legal processes in motion. First, the criminal court case against you begins in Stamford Superior Court where you need to fight the DUI / DWI charge. This charge may be a misdemeanor or a felony depending on whether you are a first time offender or a second or repeat offender. Either way, you need to vigorously fight your Darien Connecticut DUI / DWI arrest in Stamford Superior Court. Second, top Darien Connecticut criminal lawyers and attorneys know that the Connecticut DMV initiates its own legal proceedings against you to suspend your license by initiating a “per se” hearing to be held at the DMV itself. A per se hearing has its own rules and procedures that both the police and the DMV need to follow before suspending your license.

If that wasn’t enough, the local online and print media such as the Darien Times, Darien News Online, and the Darien Patch will publish your Darien Connecticut DUI / DWI arrest reports and mug shot that they receive from the Darien Connecticut police department. Public shaming is a favored weapon used by law enforcement to deter other people from drunk driving. Thankfully, some of the best Darien Connecticut criminal law firms know how to wipe the internet clean of your Darien DUI / DWI arrest with their internet scrubbing services. So if you have been arrested for DUI / DWI in Darien Connecticut under CGS 14-227a, then immediately contact a top Darien Connecticut DUI / DWI lawyer attorney so you can begin the process of getting your Darien Connecticut DUI / DWI arrest dismissed, restoring your driving privileges, and clearing your good name on the internet.

Should Your Take the Breath Test During Your Darien Connecticut DUI / DWI Arrest?

The top Darien Connecticut DUI / DWI / OUI criminal lawyers are asked this question all the time: should I blow into the Breathalyzer during my DUI / DWI arrest in Darien Connecticut? The answer to that question is complicated and needs to be assessed on a case by case basis, but you should know that as of July 1, 2015, the Connecticut DUI / DWI breath test and refusal rules have been given significantly more teeth. The laws now require a first time (as well as repeat) DUI / DWI offender in Darien to install an Ignition Interlock Device (called an “IID”) in their car.

Under the new Connecticut DUI / DWI laws (explained in greater detail here), first time DUI / DWI offenders arrested in Darien Connecticut and who fail a breath, blood or urine test, are subject to a 45 day license suspension followed immediately by an IID requirement for 6 months. If you refuse blow into the Breathalyzer during a Darien Connecticut first time offender DUI / DWI arrest, then you are looking at a 45 day license suspension immediately followed by a mandatory 1 year Ignition Interlock Device installation requirement. As the best criminal DUI / DWI / OUI lawyers attorneys in Darien Connecticut can also describe, you may be eligible for a work permit during this suspension period.

Use Your One Phone Call During Your Darien Connecticut DUI / DWI Arrest!

You get one phone call during your Darien Connecticut arrest, so use it to contact a top Darien Connecticut DUI / DWI lawyer. The best Darien Connecticut DWI / DUI criminal lawyers know how to skillfully handle that phone call to consider the circumstances of your traffic stop, including your level of intoxication, criminal court and driver’s license implications, the facts surrounding your arrest, your prior record, injuries resulting from an accident, and other considerations when advising you. Take advantage of this phone call and make sure you are speaking with a top Darien Connecticut DUI / DWI criminal law firm, and not a real estate or divorce lawyer, before making your decision to submit to the breath test.

Are the Field Sobriety Tests All They Are Cracked Up to Be in Your Darien Connecticut DUI / DWI Arrest?

Many people are surprised to learn that they actually have the right to refuse taking the Standardized Field Sobriety Tests (called the “SFSTs”) during a traffic stop for a DUI / DWI in Darien Connecticut. That is because when police are ordering you around, it never seems like you have a choice (and the police certainly don’t inform you that you have a choice). Plus, most people want to be as compliant as possible with a Darien police officer in the hopes they will not get arrested. Don’t buy into this idea. The law requires you to provide a Darien Connecticut police officer with your basic information (you know the familiar refrain – “driver’s license, registration and insurance paperwork”) but you do not have to take any of the Field Sobriety Tests, such as the Horizontal Gaze Nystagmus Test, the Walk-and-Turn test, and the One-Legged Stand Test. If you refuse, then you are most certainly going to annoy the Darien police officer who is attempting to conduct the tests, but in certain cases where you are a repeat offender, it can also give Darien Connecticut police and prosecutors a huge advantage by giving them more evidence against you in your Darien Connecticut arrest for a 14-227a DUI / DWI repeat offender charge.

Continue Reading…Darien Connecticut DUI / DWI Arrests, Part 2 of 3
(Fighting Your Darien Connecticut DUI / DWI, First Time & Repeat Offenders, Getting Your Arrest off the Internet, and much more)