DUI Frequently Asked Questions
New Haven DUI law firm Daniel A. Lyons & Associates provides answers to common questions clients ask. Please note that all cases are factually different and the following information is not intended to be a substitute for formal legal advice. You should consult an attorney for individual help and assistance as it pertains to your particular situation. Click the links for information about your areas of interest.
- What should I do if I am stopped by police for suspicion of drunk driving?
- What happens if the officer who pulls me over suspects that I have been driving under the influence?
- Can a person be guilty of drunk driving after consuming only one drink?
- Do you have to be drunk to be guilty of DUI?
- Are drugs included in the definition of DUI?
- What legal reason does a police officer need to investigate if I am driving under the influence?
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What should I do if I am stopped by police for suspicion of drunk driving?
Even if you know you are innocent of drunk driving and your driving was not impaired in any way, always be courteous and cooperative with the officer. Do not argue with the officer. If you are innocent, the chances are good that you will be sent on your way. If you are arrested, contact an experienced New Haven DUI attorney before talking to anyone—including family members, cellmates, and members of law enforcement.
What happens if the officer who pulls me over suspects that I have been driving under the influence?
You are subjected to one or more field sobriety tests that indicate your physical ability, balance, and blood alcohol level. If you have medical conditions that affect your physical abilities or balance, it is important that you tell the police officer about your condition before performing the tests.
If you do not pass one or more tests, you may be placed under arrest and taken to the police station for further tests and booking. If you are arrested, be sure to contact an experienced DUI attorney before making statements to anyone.
Can a person be guilty of drunk driving after consuming only one drink?
Drunk driving is generally defined based on the offender's blood alcohol level. In Connecticut, if it is .08 or higher, even if only one drink was consumed, a person can be convicted. It is also possible to be convicted based on driving behavior. For example, assume witnesses can testify that a person was drinking and then got behind the wheel. If the police observe erratic driving behavior, the person can be convicted without blood alcohol evidence.
Do you have to be drunk to be guilty of DUI?
No. The law recognizes that judgment may be impaired and reaction time reduced while a person appears to be sober. This is why blood alcohol levels or erratic driving alone is often enough for a conviction. DUI means driving under the influence.
Are drugs included in the definition of DUI?
Yes. DUI charges includes the use of drugs—even prescription drugs. It is important to know that the definition of driving under the influence includes more than just alcohol and illegal drug use. If your driving is impaired due to the use of over-the-counter or even prescription medications, you can be charged.
Keep in mind that no one can always predict the effects a drug will have on one's system. For example, you may be a long-time user of a prescription medication that never impaired your driving ability. You might not expect that your prescription can interact with a newly-prescribed medication and cause impairment. An experienced DUI attorney in New Haven County helps defend against the charges when mitigating circumstances exist.
What legal reason does a police officer need to investigate if I am driving under the influence?
A police officer must have a reasonable, explainable suspicion based on observations of the person's driving behavior. Reasonable suspicion can be satisfied by anything that seems abnormal about your driving. It is not unusual for police to set up field sobriety checkpoints during holiday seasons. As long as every person passing through the checkpoint is stopped, the police are not required to have a reasonable suspicion prior to investigating drivers.
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