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DUI / DWI Arrests in Westport, Connecticut (Part 2 of 3)

DUI / DWI Arrests in Westport, Connecticut
(Part 2 of 3)

Click here to return to Part 1

How to Fight Your DUI / DWI Arrest in Westport Connecticut

Any of the top Westport Connecticut criminal lawyers understand that successfully defending a DUI / DWI arrest in Westport Connecticut under CGS 14-227a requires a sensitive balance between zealous advocacy and courtroom finesse. The best DUI / DWI criminal lawyers in Westport Connecticut know that their first legal consideration is whether to file motions with the Norwalk Court to preserve digital surveillance evidence of your traffic stop, field sobriety tests, and your booking process. Police dashcam, bodycam and police department video footage can quickly disappear, or be overwritten, if not ordered preserved by a Norwalk Superior Court judge. Once the critical evidence has been preserved, a top Westport Connecticut DUI / DWI criminal lawyer attorney will review the video evidence, police reports and witness statements for constitutional errors, defects and omissions. Filing motions to suppress evidence in your Westport Connecticut DUI / DWI may also be necessary. After that, your top Westport Connecticut DUI / DWI lawyer will then negotiate your case with the state’s attorney’s office, and if necessary, seek a supervised pre-trial with the presiding judge in Norwalk Court (recall that Westport does not have a criminal court). The goal of a top Westport Connecticut criminal law firm is to get your Westport DUI / DWI arrest dismissed, quickly and cost-effectively; however, you will need to allow your lawyer ample time to review the prosecutor’s case file before your attorney can provide you with an honest assessment of your case.

First Time Offender DUI / DWI Arrests in Westport Connecticut

A first time offender arrest in Westport Connecticut for CGS 14-227a DUI / DWI comes with a minimum 45-day license suspension from the DMV (click here for more info on these new laws) followed by Ignition Interlock Device requirements in every car you own that can last up to 1 year. When you are arrested as a first time offender for a DUI / DWI in Westport Connecticut, state prosecutors will be looking closely at 2 key factors in your case to determine if they are going to want a permanent and lifetime DUI / DWI conviction against you:

(1) whether you caused physical injury to any other motorists, passengers, or pedestrians; and

(2) how much higher your Blood Alcohol Content / BAC readings were over the legal limit of .08 (or .02 for Westport Connecticut Under 21 DUIs / DWIs) while you were allegedly drunk driving.

If either of these issues come into play in your Westport Connecticut DUI / DWI arrest case, then prosecutors will strongly object to your application for a first time offenders DWI / DUI program which would result in the dismissal of your case. So make sure that any of the best Westport Connecticut criminal DUI / DWI attorneys or lawyers with whom you consult are aware of all of the facts and circumstances of your first time offender Westport Connecticut DUI / DWI arrest. This way, you can plan the most honest and effective defense strategy for your case. And be sure to follow this link to read more on first time offender DUI / DWI arrests in Westport Connecticut.

Westport Connecticut’s Pre-Trial Alcohol Education Program for First Time Offenders

First time offender arrests for DUI / DWI in Westport Connecticut per CGS 14-227a can get dismissed if the court grants your application for the Pre-Trial Alcohol Education Program (called the “AEP”) and you successfully complete the AEP’s court-ordered conditions. This is a drunk driving education course composed of 10 to 15 mandatory, consecutive weekly group classes in Connecticut. As discussed above, getting into the program is a privilege—it’s not automatic, nor is it an entitlement, so you need to follow the advice of your top Westport Connecticut DUI / DWI criminal attorney lawyer in preparing the strongest application package. This process can often take weeks or months, depending on the circumstances of your case. Applying for the AEP in certain serious Westport Connecticut DUI / DWI arrests can be seen as presumptuous and offensive to the court and any crash victims. Often counseling, AA meetings, apology letters, confirmation papers of insurance coverage, and specialized character reference letters need to be assembled, both strategically and thoughtfully, for the judge’s consideration.

Can I Attend an Out-of-State DWI / DUI Weekend Program for My Connecticut DUI?

Possibly. If you work in New York City and typically commute to and from Westport, then you and your top Connecticut DUI / DWI lawyer need to discuss moving the Court for special permission to attend a one-time out-of-state weekend program in New Hampshire which will require you to stay overnight in New Hampshire, and will avoid you having to worry about fighting snarling Connecticut traffic and getting to your weekly Connecticut classes on time.

Continue Reading…Westport Connecticut DUI / DWI Arrests, Part 3 of 3
(Repeat Offender DUIs, Prescription Drug DUIs, and Getting Your Westport Connecticut Arrest Offline)