Getting pulled over for suspected Driving Under the Influence (DUI) in Connecticut can
be a stressful and serious situation. The experience can be confusing, anxiety-inducing
and just plain scary. In the moment, it’s crucial to stay composed and think clearly.
Your first priority should be ensuring the safety of everyone involved, and cooperating
appropriately with the officer while also protecting your legal rights. When you see the
flashing lights in your rearview mirror, pull over in a safe, well-lit area, turn off your
engine, and keep your hands visible, preferably on the steering wheel. Avoid making
sudden movements or reaching for anything without informing the officer first. Following
these guidelines can help defuse the situation and make the officer feel more at ease.
When the officer approaches your vehicle, you are legally required to provide three
documents upon request: your valid driver’s license, vehicle registration, and proof of
insurance. Keep these items easily accessible to avoid fumbling around during the stop.
After verifying your documents, the officer may begin asking questions such as, “Where
are you coming from?” or “Have you had anything to drink tonight?” While it is natural to
want to explain yourself or deny wrongdoing, remember: You are not required to answer
any questions beyond providing your basic identifying information. The best thing you can
say in this moment is something like, “I prefer not to answer any questions without an
attorney present.” This is your constitutional right under the Fifth Amendment of The
United States Constitution and invoking it politely can protect you from unintentionally
incriminating yourself.
In many DUI stops, if the officer smells alcohol, sees signs of impairment (such as
bloodshot eyes or slurred speech), or observes erratic driving behavior, they may ask
you to step out of the vehicle and perform field sobriety tests. These typically include the
horizontal gaze nystagmus (eye-tracking test), the walk-and-turn test, and the one-leg
stand test. These tests are designed to assess coordination, balance, and the ability to
follow instructions, all of which can be impaired by alcohol or drugs. However, field
sobriety tests are voluntary in Connecticut, and you may legally refuse to participate.
That said, a refusal may be noted in the officer’s report and can be used against you in
court as circumstantial evidence of impairment. It’s important to understand that these
tests are subjective, and even sober individuals can fail them due to nerves, medical
conditions, or uneven pavement.
If the officer believes there is probable cause to arrest you for DUI, they will take you
into custody and bring you to the police station. There, you will likely be asked to submit
to a chemical test to measure your blood alcohol content (BAC). This is usually done
with a breathalyzer, but blood or urine tests may also be used, especially if drug impairment is suspected. Under Connecticut’s implied consent law, by driving on public
roads, you have already consented to chemical testing if lawfully arrested for DUI.
Refusing to take the test results in automatic administrative penalties, including
suspension of your driver’s license, and the refusal itself can be introduced as evidence
of guilt at trial. However, there are rare situations where refusing the test may be legally
strategic, particularly if the evidence against you is otherwise weak or if there are
irregularities in how the stop occurred. In any event, it is imperative that you contact a
qualified attorney immediately after your arrest to discuss the best course of action.
If you are formally charged with DUI, the consequences can be significant and life-
altering. Connecticut law imposes graduated penalties for repeat violations.
For a first-time offense, you may face fines, license suspension, mandatory participation in an
alcohol education program, and installation of an ignition interlock device (IID) on your
vehicle. A second or subsequent offense within a ten-year period carries harsher
penalties, including longer license suspensions, higher fines, mandatory jail time, and
extended IID requirements. Moreover, a DUI conviction can affect employment
opportunities, professional licenses, insurance premiums, and even child custody
arrangements in family court.
Given the stakes, we strongly recommend you consult with a Connecticut DUI defense
attorney as soon as possible. An experienced lawyer will review every aspect of your
case to determine whether your rights were violated during the stop or arrest. For
example, an officer must have reasonable suspicion that a crime was being committed
to stop you and probable cause to arrest you. If a judge determines that the officer in
your case lacked cause to stop or arrest you, any evidence collected could be
suppressed. Your attorney will also examine whether field sobriety tests or chemical
tests were administered properly, and whether the equipment used in the stop was
properly calibrated and maintained. In some cases, legal defenses such as medical
conditions, rising BAC, or illegal search and seizure may apply.
In Connecticut, there are also diversionary programs, such as the Impaired Driving
Intervention Program (IDIP) available to eligible first-time offenders. Completion of such
a program can lead to the dismissal of your charges, but acceptance into the program is
not guaranteed and is subject to court approval. This is another reason working with a
knowledgeable attorney can make a difference: They can advocate for your eligibility
and guide you through the process from start to finish.
At Kahan, Kerensky & Capossela, our criminal defense attorneys have extensive
experience representing individuals charged with DUI in Connecticut. We understand
how frightening and overwhelming the process can be, especially if you have no
experience with the criminal justice system. Our team is committed to helping clients
understand their rights, identify any weaknesses in the state’s case, and navigate the legal system with confidence. Whether negotiating for a reduced charge, challenging
the admissibility of evidence, or pursuing a case dismissal, we work tirelessly to achieve
the best possible outcome for our clients.