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It’s late, you’re on your way home and trying not to fall asleep at the wheel, lights start flashing behind you, and your heart starts racing. You are about to be pulled over for “erratic driving” and could soon be under arrest for Driving Under the Influence (DUI). A criminal charge we take very seriously here in Connecticut, but which you could still avoid a conviction for.
Knowing what to expect and how to handle the situation during a traffic stop for suspected drunk driving can help you avoid a DUI conviction in Connecticut. Remember, an arrest is not an automatic conviction. Rather than doing everything you can to avoid an arrest, it is more important to do everything you can to avoid a conviction.
Starting by calling a DUI defense lawyer like Steven Tomeo, a former prosecutor with years of experience defending against DUI and other criminal charges. Following his advice in the next few moments, or calling him after an arrest, may be your most powerful tool in avoiding a conviction.
The police have no obligation to inform you of your rights until they arrest you, so you cannot trust them to tell you what you can and cannot refuse. Instead, you have to take down and memorize these lists. Knowing your rights and standing up for them, firmly and politely, can often be the difference between driving away Scott-free and spending the night in jail, and the next decade enduring the consequences of a conviction.
You must provide your name, license, registration and ID to the officers at the scene if they request it. But that’s it. No other information is needed; simply politely refuse to answer any other questions. This prevents the police from using the information against you, which is why they are asking the questions in the first place.
This right applies even after you are arrested, as you can and should request to speak with a lawyer before answering any questions and have the right to refuse to do so until you do.
Field Sobriety Tests are the “simple” roadside tests officers will use to get an initial indication of whether you have been drinking. You are not legally obliged to do so, no matter how much the officers make their request seem like an order. These tests can be failed for all sorts of reasons that have nothing to do with alcohol or drug consumption, but once you have failed one, it will be used against you.
Unless you are already under arrest or the police can directly see something dangerous, like an open container of liquor, they do not have the right to search you or your vehicle. They may ask to do so; you should politely refuse. If they do so anyway, do not become agitated or comment on anything they find; simply make sure it is clear they did not have your permission to conduct a search.
A strong attorney, like Steven Tomeo, may be able to get any evidence acquired during an illegal search tossed out, and the conviction with it, but he cannot do so if you agreed verbally to the search.
Connecticut law states that if you refuse a breath or blood test, you could see your license revoked regardless of the result. Police officers are likely to remind you of the consent you gave for such tests when you got your driver’s license. What the officers at the scene will not remind you of, however, is that this applies only when you are under arrest.
Until then, you have every right to refuse (politely) to take an initial handheld breathalyzer test, and should probably exercise that right, especially if you have actually had any kind of drink beforehand. If you are arrested, though, then refusing to take one or both tests can result in serious consequences.
Unfortunately, you do not have this right until you are arrested. Only then are law enforcement officers obliged to let you contact a lawyer and refuse to speak without one. As a result, they will often delay doing so, and they will even tell you truthfully that they do not want to arrest you. But that is not a reason to give them an excuse or offer them evidence they can use against you.
Instead, remember your rights, and if you are arrested, be sure you give them as little as possible and contact an attorney as soon as you are arrested. If you are pulled over in Connecticut, especially near New London, Pomfret Center or Norwich, you can call DUI defense lawyer Steven Tomeo to ensure you have a strong chance of avoiding any conviction.
No matter how stressful this night is about to get, remember one thing: the police are not looking out for you; they are looking for evidence upon which to base an arrest. Be polite and respectful in all interactions, but give them nothing they can use, and if they do arrest you, you will be in a strong position to beat the charges.
If you or a loved one is under arrest in Connecticut for Driving Under the Influence, attorney Steven Tomeo should be your first phone call at (860) 963-7441. You can learn more about your rights or schedule a consultation online if you want a strong defense against a DUI or any other criminal charge in Connecticut.
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