Connecticut DUI for Massachusetts Resident

[tycx]

What is the name of your state? Received DUI in Connecticut; Massachusetts Resident

Last Wednesday, I met up with a few friends in Hartford and had a few drinks at a restaurant. Upon leaving the restaurant, I was mugged and my wallet was stolen, which included my driver's license. I called the Hartford police, and quickly they were on scene to take down the information. I had originally planned on staying with some friends nearby, but was so upset by the incident that I ended up driving home (this is something that I NEVER do). It turned out to be a bad mistake; just 30 minutes later, I was pulled over in Enfield CT, where I was given the field sobriety tests. Understandably, I was quite shaken up by the mugging (and had a gash behind my ear which I wanted to take care of at home). Furthermore, I had sprained by ankle the weekend before, which made the "stand on one foot" and "walk the line" tests very difficult to perform. In any event, I was charged with the DUI and went back to the station. One hour later, I was given the breathalyzer, with the reading showing .136. Half an hour after that, I tested at .146.

I have been trying to become more familiar with CT law. I have just received my license suspension (in CT) notification, and am wondering how this will effect my Massachusetts license (do the states share information?). Furthermore, I am wondering what options I have as far as a more lenient sentence. It would appear that first time offenders can usually take an alcohol class, where the DUI will be removed from the criminal record. I'm wondering if the prosecutor will ever accept plea bargains? Furthermore, does the "rising BAC defense" have any chance of holding in court? If over an hour later, my BAC was still rising, would I have any luck in court questioning what the actual BAC was at the time of operation?

I appreciate any help you can provide. To say the least, this was a crappy night...

 

[Curt581]

Last Wednesday, I met up with a few friends in Hartford and had a few drinks at a restaurant. Upon leaving the restaurant, I was mugged and my wallet was stolen, which included my driver's license. I called the Hartford police, and quickly they were on scene to take down the information. I had originally planned on staying with some friends nearby, but was so upset by the incident that I ended up driving home (this is something that I NEVER do). It turned out to be a bad mistake; just 30 minutes later, I was pulled over in Enfield CT, where I was given the field sobriety tests. Understandably, I was quite shaken up by the mugging (and had a gash behind my ear which I wanted to take care of at home). Furthermore, I had sprained by ankle the weekend before, which made the "stand on one foot" and "walk the line" tests very difficult to perform. In any event, I was charged with the DUI and went back to the station. One hour later, I was given the breathalyzer, with the reading showing .136. Half an hour after that, I tested at .146.

I'm seeing a few holes in your story. Maybe I'm reading it wrong, or your memory is a bit off.

If you had a large gash on your head, did the officer offer you medical attention?

During the FSTs, did you tell the officer about the sprained ankle, so he'd take that into account?

Bear in mind, that having such an injury does not invalidate ALL the FSTs, such as HGN, or a PBT if used.

The breathalyzer test requires two breath samples to make one valid test. That valid test only gives readings in two digits, not three. If your first sample was .136, and your second was .146, that would give you a reported value of .13.

The samples are nearly always recorded within approx. 10 minutes of each other, unless there are problems, like residual mouth alcohol,(having to restart the 20 min observation period) or deficient samples (not enough breath blown to test). There will be records if that happened.

Any chemical test has to be administered within a certain time of driving. In my state, it's three hours. Your time line as stated puts you within the proper "window".

A contention that you would have been under the legal limit at the actual time you were driving would mean that you didn't just have "a few drinks" with dinner. The curve would mean that you had a whole lot of drinks immediately before you got behind the wheel, considering the time spent with the mugging.

I have been trying to become more familiar with CT law. I have just received my license suspension (in CT) notification, and am wondering how this will effect my Massachusetts license (do the states share information?). Furthermore, I am wondering what options I have as far as a more lenient sentence. It would appear that first time offenders can usually take an alcohol class, where the DUI will be removed from the criminal record. I'm wondering if the prosecutor will ever accept plea bargains?

A question better asked of an attorney in your area. They'll know the prosecutor's staff, and what they will or won't do.

Furthermore, does the "rising BAC defense" have any chance of holding in court? If over an hour later, my BAC was still rising, would I have any luck in court questioning what the actual BAC was at the time of operation?

It's been my experience (having testified at dozens of OWI trials) that the "Rising BAC" is a longshot defense used in cases that are sure losers. It rarely works, and usually requires two different tests, ie: breath with two samples, and a later blood draw. A State Chem Test expert could tear down that house of cards without breaking a sweat. If you had tested, say .10 on breath, then tested .20 on blood three hours later, it would be much more plausible. As your test stands, you're questioning a hundredth of a point, within 30 minutes.

Bottom line, you can find a lawyer that would be willing to argue it, because he's gonna make big fees off you. He gets paid whether you win or lose. You decide if it's worth the gamble.

 

[BigMistakeFl]

BigMistakeFl

I think you should talk to a lawyer. The first meeting is usually free, and there you can present the story and listen to the information he or she provides. Then you will talk about money. Keep in mind (as the above post states) the lawyer will probably be glad to take your money and work up a case, even if it's not likely to be winable. Then in the end, will probably present you with a plea offered by the prosecutor which you could probably get on your own. So you need to decide if you are truly guilty and no defense is going to really have a chance of winning, or not. If you are guilty, don't bother wasting money on a lawyer. You'll need it for other matters.

Also true, that during the arrest and prior to the roadside tests, the cop would have asked if you have any injuries or medical conditions. Those would have been taken into consideration such as a head injury and ankle injury. If you answered "no" to that question, you can't really expect to get away with bringing them up now in retrospect.

 

[rmvappeal.com]

Out of State OUI

The nice people at the Massachusetts Registry of Motor Vehicles will treat the CT OUI as if it occurred in Massachusetts. Here's the relevant law:

If the registrar receives official notice...that a resident of the commonwealth or any person licensed to operate a motor vehicle...has been convicted in another state or country of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.

 

[luismith]

CT DWI Lawyer

Selecting a well-qualified defense lawyer in CT is quite difficult but one can find it after deep study very simply.

 

[HighwayMan]

This thread is over FIVE YEARS old.