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DEALING WITH IT
DEALING WITH IT
A CITIZEN’S GUIDE TO THEDUI/DWI JUSTICE SYSTEM
IN CONNECTICUT2nd Edition
BYATTORNEY JAY RUANE
Ruane Attorneys At LawBridgeport, CT
Edited by Sean Barrett
Copyright © 2005
All Rights Reserved
Ruane Attorneys At Law
for my parents
TABLE OF CONTENTS
FOREWORD 1
INTRODUCTION 3
CHAPTER 1THE BASICS 6
CHAPTER 2THE DUI LAW 10
CHAPTER 3ALCOHOL: WHY & HOW 25
CHAPTER 4THE ROLE OF THE POLICE 34
CHAPTER 5THE FIELD SOBRIETY TESTS 39
CHAPTER 6THE INTOXILYZER 5000 68
CHAPTER 7THE DMV PROCESS 75
CHAPTER 8DRIVERS’ LICENSE POINTS 82
CHAPTER 9RECORDS, INSURANCE & CDL 86
CHAPTER 10THE CRIMINAL PROCESS 94
CHAPTER 11LICENSE SUSPENSION 111
CHAPTER 12BOATING UNDER THE INFLUENCE 116
CONCLUSION 123
APPENDIX ACOMMON MOTOR VEHICLE SUSPENSIONS 124
APPENDIX BOUR TEAM 126
I am a warrior. I fight battles for people ill equipped to
contest their attacker. I fight for the underdog, the man
who stands alone against a power, which when
unchecked, can easily extinguish the light of liberty
which has been preserved for centuries by the
bloodshed of our best and brightest. Oftentimes, except
for my client, I stand alone. I stand alone in the face of
unending governmental resources and finances. I stand
alone and have to be counselor and advocate. I stand
alone in society, shunned by peers unable to recognize
the role I play. I make no representations or demand
applause. I do what I do because I believe in the
Constitution. I do what I do because sometimes a
person needs a champion. I do what I do because it is
who I am, down to the core. I am a warrior.
ATTORNEY VINCE TUCCI
1
FOREWORD
This book has been a work in progress for over 2 years. It
amazes me how often the same questions arise from client to
client, and from case to case, and how, until this book, no one
has taken the time to explain the DUI justice system in a way
that a layperson can understand. All too often lawyers tend to
speak in legal language, effectively shutting out regular persons
from fully understanding the legal complexities of their cases.
Even at court, a most troubling and stressful time, the system
seems bent on proceeding with such confusing rules that even
some attorneys have trouble deciphering them.
Into this morass of confusion walks the DUI defendant.
This is usually their first, and only, brush with the justice system.
The complicated concepts of science and evidence further wreck
havoc on the accused, oftentimes imparting a feeling of
hopelessness. The purpose of this book is to provide a resource
for persons accused of DUI or DWI in Connecticut, and to help
clear the fog of the justice system.
This book would not have been possible without the help,
support and encouragement of many people, and since this may
be my own chance to thank them, I will do so right here and now:
2
My ParentsPat and Jim Ruane taught me to love learning and how to strive
for the best I can be, as an attorney and person.
My brother Brendan and sister GenevieveFor keeping me laughing.
William C.”Bubba” HeadFor the encouragement to devote myself to DUI Defense and
suggestion to write this book.
“The Firm”—Lisa, Morgan, Pat and CliffyWhat more can I say - Thank you.
The UConn Criminal ClinicBoot Camp was worth it. Make sure every student knows it.
The Rahilly FamilyFor inviting me in and making me feel like a member of the
family.
The Sullivan brothersFor “inspiring” me to get into DUI Defense.
James O. Ruane
July 2005
3
INTRODUCTION
This book is meant to serve as an introduction to the legal
concepts and scientific principles which are found commonly in
DUI cases in Connecticut. It is not meant, in any way, to
supplant earnest representation by a skilled, qualified DUI
defense attorney.
The prosecution of DUI cases has evolved over time, and
so has the DUI defense attorney. Years ago, DUI was a minor
issue, and the punishments
were similarly minor. The
last 30 years, however,
have fundamentally altered
the landscape of DUI
prosecutions and defense.
More and more, citizens are
turning to highly skilled DUI attorneys to represent them in the
defense against the charges coming from the state.
As the penalties grow, from originally a modest fine to the
recent punishment of vehicle seizure, financial penalties in the
thousands and potential (and sometimes mandatory)
incarceration, honest and hardworking citizens without any prior
involvement with the criminal justice system find themselves cast
as a “substance abuser” and a scourge to society. In some
4
states, and in a limited way in Connecticut, prosecutors are not
free to just drop a DUI case without going before a Court and
giving a reason why and more strict limitations
are sure to come in the future. The blood
alcohol threshold has evolved over time as
well, starting at 0.15, and now at 0.08. It is possible that one day
we could be facing a zero tolerance for any mixture of alcohol
and driving, with or without actual impairment.
Throughout these chapters you will find more in depth
information about DUI, the law, the science and the myths in
Connecticut. If you have any
questions, please feel free to
contact us at our office
(Appendix B). A DUI allegation
can cause restless nights and
panic for even the calmest of
persons. Your questions are
important and you should have a
FULL understanding of all the
legal predicaments you are
facing. Many people just fold in
the face of such opposition, but by simply opening this book you
have taken a step which many people do not do and for that you
should be proud of yourself. Read the following pages to see
5
how you may better assist in your own defense, and don’t
hesitate to speak to an attorney about your case. Many
attorneys will offer a free consultation. Put the attorney to a test,
because, in a way, your life is in their hands, and you deserve
the absolute best defense!
6
THE BASICSCHAPTER 1
In the state of Connecticut, you are legally intoxicated if
your blood alcohol content (BAC) is a .08 or higher. If you are
under the legal age to consume alcohol (21 years old), you are
considered legally intoxicated if you have a BAC of .02 or higher.
Connecticut has an Implied Consent Law that states that every
person who operates a motor vehicle has consented to take a
test to determine their blood alcohol content at any time while
they are operating a motor vehicle. A person who operates a
motor vehicle under the influence of alcohol or drugs will face
both criminal and administrative charges (See Figures A and B).
The criminal charges require an appearance in court to
prosecuted for DUI. The administrative charges deal with the
automatic suspension of your license by the DMV. The Court
and DMV are totally independent of each other, however both
carry serious penalties.
If you are arrested for a DUI in the state of Connecticut:
♦ You will be detained by the police and read your rights.
♦ You will be handcuffed.
♦ Your vehicle will be searched.
♦ Your vehicle will be towed at your expense.
7
♦ You will be taken in a police cruiser to the police
station.
♦ You will be asked to submit to a BAC test.
♦ You will be kept in a police lock-up until you are bailed
out or released by a judge through an in-court
arraignment.
At the Connecticut Department of Motor Vehicles (the
“DMV”) all applications for new licenses and renewals are
reviewed for previous DUI convictions in other states as well as
other serious offenses prior to issuing the license. If a person
applying for a Connecticut State license has a previous DUI in
another state, it is considered a prior offense within Connecticut
if a license is administered.
Connecticut uses many different techniques when
detecting and apprehending drunk drivers which include sobriety
checkpoints, blanket patrols, publicized
enforcement campaigns, standardized
field sobriety testing, preliminary breath
tests, mobile videotaping and BAT
Mobiles. Identifying drunk drivers who
continue the same behavior of heavy
drinking followed by driving is essential
in effectively keeping them off the road.
8
The state of Connecticut has over 3.5 million drivers and on
average, about 20,000 DUI arrests each year. Any person
convicted of DUI will have “at risk driver” imprinted on the back
of their license to easily identify them.
For first time offenders, there is a chance, however, to
enter into a diversion program. The offender may be allowed to
enter into a pre-trial education program for alcohol abuse and it
is possible for the court to dismiss charges upon completing the
program satisfactorily. The rehabilitation can take the form of
outpatient or inpatient treatment.
After conviction, whether after plea or trial, judges most often
order defendants to go through an alcohol assessment and
evaluation program to determine the level and scope of their
problems with alcohol. Treatment for all offenders is mandatory
and without successful completion of treatment, license
reinstatement will not occur.
IMPORTANT NOTE:If the DMV suspends your license to drive for a DUI arrest orconviction and you are found operating any vehicle, you willface a MANDATORY 30 DAY JAIL SENTENCE which cannot
be reduced by a judge unless the judge finds mitigatingcircumstances.
9
DMV Administrative Penalties
Blood AlcoholContent
FirstOffense
SecondOffense
ThirdOffense
Refusal of Tests 6 Months 1 Year 3 Years
Above 0.02 & Under 21 90 Days 9 Months 2 Years
Above 0.08 & Below 0.16 90 Days 9 Months 2 Years
Above 0.16 120 Days 10 Months 2.5 Years
Figure A
Criminal Penalties
FirstOffense
SecondOffense
ThirdOffense
Fines: $500 - $1000 $1000 - $4000 $2000 - $8000
Jail Time:
6 Months
48 HoursMandatory
or100 Hours ofCommunity
Service
2 Years
120 DaysMandatory
and100 Hours ofCommunity
Service
3 Years
1 YearMandatory
and100 Hours ofCommunity
Service
LicenseLoss:
1 Year 3 Years PermanentRevocation
Figure B
10
THE DUI LAWCHAPTER 2
Connecticut General Statutes
Section 14-227a. Operation while under theinfluence of liquor or drug or while having an elevated bloodalcohol content. (a) Operation while under the influence orwhile having an elevated blood alcohol content. No person
shall operate a motor vehicle while under the influence of
intoxicating liquor or any drug or both. A person commits the
offense of operating a motor vehicle while under the influence of
intoxicating liquor or any drug or both if such person operates a
motor vehicle on a public highway of this state or on any road of
a district organized under the provisions of chapter 105, a
purpose of which is the construction and maintenance of roads
and sidewalks, or on any private road on which a speed limit has
been established in accordance with the provisions of section
14-218a, or in any parking area for ten or more cars or on any
school property (1) while under the influence of intoxicating liquor
or any drug or both, or (2) while such person has an elevated
blood alcohol content. For the purposes of this section, "elevated
blood alcohol content" means a ratio of alcohol in the blood of
such person that is eight-hundredths of one per cent or more of
alcohol, by weight.
lysis. Except as
in any criminal
of this section,
In State v. Ducatt, 22 Conn. App. 88, 575 A.2d 708,
cert. denied, 217 Conn. 804, 584 A.2d 472 (1990), The
Appellate court addressed the issue of what constitutes
operation of a motor vehicle within the meaning of § 14-227a
(a) (1). They concluded that an individual "operates a motor
vehicle within the meaning of General Statutes § 14-227a (a)
when, while under the influence of alcohol or any drug and
l its movements,
ery of the motor
driver's position
ement, whether
statute does not
stablished. This
determinative as
er even has to
ar gas, and the
11
(b) Admissibility of chemical anaprovided in subsection (c) of this section,
prosecution for violation of subsection (a)
while in the vehicle and in a position to contro
he manipulates, for any purpose, the machin
or any other machinery manipulable from the
that affects or could affect the vehicle's mov
the accused moves the vehicle or not." The
require that intent to move the vehicle be e
established the "keys in the ignition" rule as
whether a car is "in operation" The car nev
move, or a person never has to give the c
element of "operation has been met."
12
evidence respecting the amount of alcohol or drug in the
defendant's blood or urine at the time of the alleged offense, as
shown by a chemical analysis of the defendant's breath, blood or
urine shall be admissible and competent provided: (1) The
defendant was afforded a reasonable opportunity to telephone
an attorney prior to the performance of the test and consented to
the taking of the test upon which such analysis is made; (2) a
true copy of the report of the test result was mailed to or
personally delivered to the defendant within twenty-four hours or
by the end of the next regular business day, after such result
was known, whichever is later; (3) the test was performed by or
at the direction of a police officer according to methods and with
equipment approved by the Department of Public Safety and
was performed in accordance with the regulations adopted under
subsection (d) of this section; (4) the device used for such test
was checked for accuracy in accordance with the regulations
adopted under subsection (d) of this section; (5) an additional
chemical test of the same type was performed at least thirty
minutes after the initial test was performed or, if requested by the
police officer for reasonable cause, an additional chemical test of
a different type was performed to detect the presence of a drug
or drugs other than or in addition to alcohol, provided the results
of the initial test shall not be inadmissible under this subsection if
reasonable efforts were made to have such additional test
performed in accordance with the conditions set forth in this
subsection and such additional test was not performed or was
not performed within a reasonable time, or the results of such
additional test are not admissible for failure to meet a condition
set forth in this subsection; and (6) evidence is presented that
the test was commenced within two hours of operation. In any
prosecution under this section it shall be a rebuttable
presumption that the results of such chemical analysis establish
the ratio of alcohol in the blood of the defendant at the time of
the alleged offense, except that if the results of the additional test
indicate that the ratio of alcohol in the blood of such defendant is
twelve-hundredths of one per cent or less of alcohol, by weight,
and is higher than the results of the first test, evidence shall be
presented that demonstrates that the test results and the
analysis thereof accurately indicate the blood alcohol content at
the time of the alleged offense.
Breath Testing and AdmissibilityIn State v. Nokes, the court held that although the
language calls for a rebuttable presumption for the chemical
evidence to go to the jury, it should be charged as a
permissive inference in the jury charge so as to not shift the
burden of the evidence away from the prosecution
itynable to identify
Accordingly, the
ause it could not
accordance with
13
Blood Testing and AdmissibilIn State v. Coughlin. the State was u
the person who drew the defendant’s blood.
Defense moved to preclude the evidence bec
be shown that the blood draw was done in
14-227l.
content. In any
subsection (a) of
The State, at trial, offered the testimony of the Vivian
Weinberger, who testified that the emergency room policy
was to have the blood drawn by a person who would have
fulfilled the statute’s requirements. The Court held that the
procedure of the hospital to have a qualified person draw the
blood, even in the absence of proof that a qualified person
drew the blood of the defendant, was sufficient to allow the
onjunction with
blood tests done
nt. Kirsh argued
because it was
cause it still did
he methodology
agreed with the
found that the
tal was a sound
t 15 years in the
ce, the Supreme
od evidence of
14
(c) Evidence of blood alcohol prosecution for a violation of subdivision (1) of
blood test results into evidence
When State v. Kirsch is read in c
Coughlin, it is apparent that from now on, all
at hospitals will come in against the defenda
that the mere acceptance of the blood test
qualified under statute 52-180 was in error be
not obviate the need for a Porter hearing on t
of the blood analysis. The Supreme Court
premise, however, the Supreme Court also
methodology of blood collection in the hospi
and scientifically valid method used for at leas
diagnosis and treatment of patients. In essen
Court has then permanently permitted Blo
intoxication.
15
this section, reliable evidence respecting the amount of alcohol
in the defendant's blood or urine at the time of the alleged
offense, as shown by a chemical analysis of the defendant's
blood, breath or urine, otherwise admissible under subsection (b)
of this section, shall be admissible only at the request of the
defendant.
(d) Testing and analysis of blood, breath and urine.The Commissioner of Public Safety shall ascertain the reliability
of each method and type of device offered for chemical testing
and analysis purposes of blood, of breath and of urine and certify
those methods and types which said commissioner finds suitable
for use in testing and analysis of blood, breath and urine,
respectively, in this state. The Commissioner of Public Safety
shall adopt regulations, in accordance with chapter 54, governing
the conduct of chemical tests, the operation and use of chemical
test devices, the training and certification of operators of such
devices and the drawing or obtaining of blood, breath or urine
samples as said commissioner finds necessary to protect the
health and safety of persons who submit to chemical tests and to
insure reasonable accuracy in testing results. Such regulations
shall not require re-certification of a police officer solely because
such officer terminates such officer's employment with the law
enforcement agency for which certification was originally issued
and commences employment with another such agency.
(e) Evidence of refusal to submit to test. In any
ction (a) of this
to submit to a
ance with section
requirements of
tisfied. If a case
In fact, our state Toxicologist has testified that the
Intoxilyzer machine, as it is created to function, does not
comply with the written requirements for alcohol testing.
Despite that fact, judges routinely allow the evidence in
against criminal defendants.
criminal prosecution for a violation of subse
section, evidence that the defendant refused
blood, breath or urine test requested in accord
14-227b shall be admissible provided the
subsection (b) of said section have been sa
16
involving a violation of subsection (a) of this section is tried to a
jury, the court shall instruct the jury as to any inference that may
or may not be drawn from the defendant's refusal to submit to a
blood, breath or urine test.
(f) Reduction, nolle or dismissal prohibited. If a
person is charged with a violation of the provisions of subsection
(a) of this section, the charge may not be reduced, nolled or
dismissed unless the prosecuting authority states in open court
such prosecutor's reasons for the reduction, nolle or dismissal.
(g) Penalties for operation while under theision of subsection
a first violation, (A)
or more than one
not more than six
hich may not be
Because of this part of the Law, many prosecutors are
unwilling to reduce or drop a DUI case. Many times, they
would rather go to trial and lose then drop a case. That way,
they can “blame” the jury and not lose face with MADD,
judges and other prosecutors.
influence. Any person who violates any prov
(a) of this section shall: (1) For conviction of
be fined not less than five hundred dollars
thousand dollars, and (B) be (i) imprisoned
months, forty-eight consecutive hours of w
17
suspended or reduced in any manner, or (ii) imprisoned not more
than six months, with the execution of such sentence of
imprisonment suspended entirely and a period of probation
imposed requiring as a condition of such probation that such
person perform one hundred hours of community service, as
defined in section 14-227e, and (C) have such person's motor
vehicle operator's license or nonresident operating privilege
suspended for one year; (2) for conviction of a second violation
within ten years after a prior conviction for the same offense, (A)
be fined not less than one thousand dollars or more than four
thousand dollars, (B) be imprisoned not more than two years,
one hundred twenty consecutive days of which may not be
18
suspended or reduced in any manner, and sentenced to a period
of probation requiring as a condition of such probation that such
person perform one hundred hours of community service, as
defined in section 14-227e, and (C) (i) have such person's motor
vehicle operator's license or nonresident operating privilege
suspended for three years or until the date of such person's
twenty-first birthday, whichever is longer, or (ii) if such person
has been convicted of a violation of subdivision (1) of subsection
(a) of this section on account of being under the influence of
intoxicating liquor or of subdivision (2) of subsection (a) of this
section, have such person's motor vehicle operator's license or
nonresident operating privilege suspended for one year and be
prohibited for the two-year period following completion of such
period of suspension from operating a motor vehicle unless such
motor vehicle is equipped with a functioning, approved ignition
interlock device, as defined in section 14-227j; and (3) for
conviction of a third and subsequent violation within ten years
after a prior conviction for the same offense, (A) be fined not less
than two thousand dollars or more than eight thousand dollars,
(B) be imprisoned not more than three years, one year of which
may not be suspended or reduced in any manner, and
sentenced to a period of probation requiring as a condition of
such probation that such person perform one hundred hours of
community service, as defined in section 14-227e, and (C) have
19
such person's motor vehicle operator's license or nonresident
operating privilege permanently revoked upon such third offense.
For purposes of the imposition of penalties for a second or third
and subsequent offense pursuant to this subsection, a conviction
under the provisions of subsection (a) of this section in effect on
October 1, 1981, or as amended thereafter, a conviction under
the provisions of either subdivision (1) or (2) of subsection (a) of
this section, a conviction under the provisions of section 53a-56b
or 53a-60d or a conviction in any other state of any offense the
essential elements of which are determined by the court to be
substantially the same as subdivision (1) or (2) of subsection (a)
of this section or section 53a-56b or 53a-60d, shall constitute a
prior conviction for the same offense.
(h) Suspension of operator's license ornonresident operating privilege. (1) Each court shall report
each conviction under subsection (a) of this section to the
Commissioner of Motor Vehicles, in accordance with the
provisions of section 14-141. The commissioner shall suspend
the motor vehicle operator's license or nonresident operating
privilege of the person reported as convicted for the period of
time required by subsection (g) of this section. The
commissioner shall determine the period of time required by said
subsection (g) based on the number of convictions such person
20
has had within the specified time period according to such
person's driving history record, notwithstanding the sentence
imposed by the court for such conviction. (2) The motor vehicle
operator's license or nonresident operating privilege of a person
found guilty under subsection (a) of this section who is under
eighteen years of age shall be suspended by the commissioner
for the period of time set forth in subsection (g) of this section, or
until such person attains the age of eighteen years, whichever
period is longer. (3) The motor vehicle operator's license or
nonresident operating privilege of a person found guilty under
subsection (a) of this section who, at the time of the offense, was
operating a motor vehicle in accordance with a special operator's
permit issued pursuant to section 14-37a shall be suspended by
the commissioner for twice the period of time set forth in
subsection (g) of this section. (4) If an appeal of any conviction
under subsection (a) of this section is taken, the suspension of
the motor vehicle operator's license or nonresident operating
privilege by the commissioner, in accordance with this
subsection, shall be stayed during the pendency of such appeal.
(i) Installation of ignition interlock device. (1) The
Commissioner of Motor Vehicles shall permit a person whose
license has been suspended in accordance with the provisions of
subparagraph (C)(ii) of subdivision (2) of subsection (g) of this
21
section to operate a motor vehicle if (A) such person has served
not less than one year of such suspension, and (B) such person
has installed an approved ignition interlock device in each motor
vehicle owned or to be operated by such person. No person
whose license is suspended by the commissioner for any other
reason or who has not enrolled in the treatment program
established under section 14-227f or obtained a waiver from the
requirement to participate in such program pursuant to
subsection (c) of said section 14-227f, shall be eligible to operate
a motor vehicle equipped with an approved ignition interlock
device. (2) If the commissioner determines that any person
whose license has been suspended in accordance with the
provisions of subsection (h) of this section may have a condition
that would render such person incapable of safely operating a
motor vehicle, the commissioner may, as a condition of the
reinstatement of such license, require that such person only
operate a motor vehicle that is equipped with a functioning,
approved ignition interlock device for such period of time as may
be prescribed by the commissioner. (3) All costs of installing and
maintaining an ignition interlock device shall be borne by the
person required to install such device. (4) The commissioner
shall adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this subsection. The
regulations shall establish procedures for the approval of ignition
22
interlock devices, for the proper calibration and maintenance of
such devices and for the installation of such devices by any firm
approved and authorized by the commissioner. (5) The
provisions of this subsection shall not be construed to authorize
the continued operation of a motor vehicle equipped with an
ignition interlock device by any person whose operator's license
or nonresident operating privilege is withdrawn, suspended or
revoked. (6) The provisions of this subsection shall apply to any
person whose license has been suspended in accordance with
the provisions of subparagraph (C)(ii) of subdivision (2) of
subsection (g) of this section on or after September 1, 2003.
(j) Participation in alcohol education andtreatment program. In addition to any fine or sentence imposed
pursuant to the provisions of subsection (g) of this section, the
court may order such person to participate in an alcohol
education and treatment program.
(k) Seizure and admissibility of medical records ofinjured operator. Notwithstanding the provisions of subsection
(b) of this section, evidence respecting the amount of alcohol or
drug in the blood or urine of an operator of a motor vehicle
involved in an accident who has suffered or allegedly suffered
physical injury in such accident, which evidence is derived from a
23
chemical analysis of a blood sample taken from or a urine
sample provided by such person after such accident at the scene
of the accident, while en route to a hospital or at a hospital, shall
be competent evidence to establish probable cause for the arrest
by warrant of such person for a violation of subsection (a) of this
section and shall be admissible and competent in any
subsequent prosecution thereof if: (1) The blood sample was
taken or the urine sample was provided for the diagnosis and
treatment of such injury; (2) if a blood sample was taken, the
blood sample was taken in accordance with the regulations
adopted under subsection (d) of this section; (3) a police officer
has demonstrated to the satisfaction of a judge of the Superior
Court that such officer has reason to believe that such person
was operating a motor vehicle while under the influence of
intoxicating liquor or drug or both and that the chemical analysis
of such blood or urine sample constitutes evidence of the
commission of the offense of operating a motor vehicle while
under the influence of intoxicating liquor or drug or both in
violation of subsection (a) of this section; and (4) such judge has
issued a search warrant in accordance with section 54-33a
authorizing the seizure of the chemical analysis of such blood or
urine sample. Such search warrant may also authorize the
seizure of the medical records prepared by the hospital in
connection with the diagnosis or treatment of such injury.
24
(l) Participation in victim impact panel program. Ifthe court sentences a person convicted of a violation of
subsection (a) of this section to a period of probation, the court
may require as a condition of such probation that such person
participate in a victim impact panel program approved by the
Court Support Services Division of the Judicial Department.
Such victim impact panel program shall provide a
nonconfrontational forum for the victims of alcohol-related or
drug-related offenses and offenders to share experiences on the
impact of alcohol-related or drug-related incidents in their lives.
Such victim impact panel program shall be conducted by a
nonprofit organization that advocates on behalf of victims of
accidents caused by persons who operated a motor vehicle
while under the influence of intoxicating liquor or any drug, or
both. Such organization may assess a participation fee of not
more than twenty-five dollars on any person required by the
court to participate in such program.
25
ALCOHOL: WHY & HOWCHAPTER 3
The most commonly used intoxicating substance in
society today is alcohol. Alcohol is an organic compound, which
can be defined as a compound that is comprised of naturally
occurring elements with carbon atoms.
The most common members of the
alcohol family include ethanol and
methanol. The alcohol in a beverage is
ethyl alcohol or ethanol, which
molecularly is H3C2-OH. The OH
group at the end of the group of
molecules is what makes the compound
an alcohol. When alcohol is ingested
into the body, it passes from the
stomach into the small intestine where it
is then absorbed by the blood and
transposed throughout the body.
Because of the quick pace that alcohol
moves throughout the entire body, it
can reach and affect the central
nervous system even in small concentrations. The more alcohol
that is ingested, the more it will impact the central nervous
26
system and act as a central nervous system depressant. The
functioning of the central nervous system is greatly effected and
is proportionately affected by the amount of alcohol consumed.
Alcohol impairs each of the functioning systems of the
body differently (See Figure C). Alcohol consumption can cause
the central nervous system to impair motor skills, decrease
inhibitions, impair judgment and body control, induce mental
confusion, vomiting, tiredness and respiratory arrest, which could
result in death. For the most part, people in the United States
know their limit and control their alcohol intake without problems.
The Increasing Impact of Intoxication on the Human
Figure C
27
Alcohol enters the body through absorption, which is the
first stage of a three stage process of absorption, distribution and
elimination. The three processes happen simultaneously, with
absorption happening first, as it is necessary to introduce the
alcohol into the body.
Absorption of alcohol is the process by which alcohol is
transferred from outside the body to the stomach, small intestine
and then throughout the body through the bloodstream. Once
ingested, alcohol is constantly absorbed into, and eliminated
from the body. The rate of absorption is variable and is affected
by the presence of food in the stomach, food composition
(carbohydrates or fats), the alcohol concentration of the
beverage consumed (See Figure D), the rate of consumption,
uptake from the stomach and duodenum, emotional state, and
the time of day. Ingested alcohol that has not yet been absorbed
from the stomach and intestines has no neurological effects and
cannot cause driving impairment. Conversely, alcohol that has
been fully absorbed may cause driving impairment, if at a level
which impairs driving. Consequently the timeframe in which
alcohol is absorbed into the bloodstream and the corresponding
volume absorbed are matters of great significance in predicting
an ultimate blood alcohol concentration.
28
Beverage Alcohol Content (%)Beers (lager) 3.2 - 4.0
Ales 4.5Porter 6.0Stout 6.0 - 8.0
Malt Liquor 3.2 - 7.0Sake 14.0 - 16.0
Table wines 7.1 - 14.0Sparkling wines 8.0 - 14.0Fortified wines 14.0 - 24.0
Aromatized wines 15.5 - 20.0Brandies 40.0 - 43.0Whiskies 40.0 - 75.0Vodkas 40.0 - 50.0
Gin 40.0 - 48.5Rum 40.0 - 95.0
Tequila 45.0 - 50.5Figure D
The gastrointestinal tract is the main source for absorbing
alcohol, although it is absorbed by different parts of the body
through blood diffusion. The small intestine has a large surface
area and is the most efficient part of the tract for alcohol
absorption. In a person with an empty stomach, peak blood
alcohol concentrations are achieved on average 0.75 to 1.35
hours depending upon dose and last meal and those without an
empty stomach exhibit peak blood alcohol concentrations
between one and six hours, but on average between 1.06 and
29
2.12 hours depending on quantity consumed and most recent
meal.
The ingestion of food will slow the absorption of alcohol
into a person’s bloodstream.
The pyloric valve will close off
the bottom of the stomach to
contain the food ingested
therefore blocking the alcohol
from reaching the small intestine.
The alcohol will still absorb
through the lining of the stomach,
but this process is much slower,
and the alcohol that is suppressed within the stomach is
eliminated from the body at a faster rate.
Any medications that you are taking can increase the
effects of alcohol, so be sure to check the labels on the
medications or consult a physician before drinking and taking
medication. Some medications will react violently when
combined with alcohol and antibiotics may become ineffective
when taken in combination with alcohol.
The different types of alcohol that a person ingests can
affect the consumption rate due to the difference in the actual
concentrations of alcohol in different alcoholic beverages. If a
drink has an alcohol concentration between 10% and 30% such
30
as beers, malt liquor and many table wines, they are absorbed
more quickly than those above 30% and below 10%. This often
plays a role in the increasing blood alcohol level after a person
ingests a “shot” prior to leaving the social event. The shot will
absorb much slower than the beer he or she may have been
drinking, and may increase a person’s blood alcohol level while
the person is in police custody. Those drinks with lower alcohol
content tend to be missed by the body while in the
gastrointestinal tract and they absorb very slow and large
quantities can delay the process of gastric emptying. Amounts
31
higher irritate the mucous membranes causing increased
secretion of the mucous and again slowing the process of gastric
emptying. Therefore, two people with similar body types can
drink the same amount of alcohol but if the individuals are of
different weights then one will have a larger percentage water in
the body and therefore will become intoxicated less quickly. An
individual with more muscle mass will most likely be less affected
than someone with a higher body fat content due to the fact that
fatty tissue does not contain very much water and will therefore
not absorb much of the alcohol.
At any particular blood alcohol content, a driver may be
significantly less impaired than another due to a greater
tolerance to the effects of alcohol. For this reason, a driver’s
apparent sobriety as seen through an obvious lack of impairment
or a demonstration that the driver could perform tasks in a sober
manner, sometimes may be used as evidence to rebut an
incriminating blood-alcohol test result.
The blood alcohol concentration within a person’s bodyis a function of the total amount of alcohol in one’s body
systems divided by the total body water.
32
Two Types Of Tolerance
Functional
Metabolic
Average Total Body Water as a function of Sex and Age
Figure E
Gender can also play a part in the elimination of alcohol.
On average, women tend to eliminate alcohol at a rate that is
10% greater than men do. When a person has prolonged or
heavy use of a drug, a tolerance is developed, and therefore, it is
eliminated at a faster pace. There are two types of tolerance that
men and women should understand. The first is functional
tolerance that can be described
as a change in the organ or the
system’s sensitivity to alcohol
or drugs. This is seen with
chronic users of alcohol where
their system and organs have adapted to the abuse the chronic
user has done over the years to the body that their body has a
functional tolerance to accept twice that of an average person.
The second type of tolerance is called metabolic tolerance.
Chronic users of alcohol can develop this type of tolerance and
will allow the rate of the metabolism of alcohol rise to a level that
is 72% faster than the average person. In this tolerance, the
person’s body is constantly creating alcohol dehydrogenate, an
enzyme which enables the body to process alcohol. Although
Age Male Female18 to 40 61% 52%Over 60 51% 46%
33
chronic users can handle larger quantities of alcohol, studies
have shown that they still have impairment at the .08% BAC
level. Elimination of alcohol is processed by the liver, the last
stop in the in the absorption and elimination process of alcohol.
The majority of alcohol that is ingested is eliminated through
normal body metabolism and the remainder is eliminated through
excretion in one’s breath, urine, sweat, feces, and saliva. A
normal person will
eliminate alcohol at
a rate of .5 oz of
alcohol every hour,
however, there are
things that can
affect that rate.
Alcohol elimination
rate is inversely
proportionate to the concentration of alcohol within the blood. If
the concentration of alcohol is extremely high or low, the rate at
which the body eliminates the alcohol tends to be much faster.
As a person gets older, their ability to metabolize alcohol
diminishes, but alcoholics still tend to metabolize alcohol in their
bodies much faster. If an individual consumes alcohol at a rate
faster than the rate of elimination this will result in a higher blood
alcohol concentration for a longer period of time.
Reasonable &Articulable SuspicionA police officer has a
good faith belief that
something contrary to
the laws is going on, but
is not sufficient yet to
o the level of
ble cause to
that something
pened or is
appening.
THE ROLE OF THE POLICECHAPTER 4
The first thing to understand
in a DUI case is the reason why the
police even make contact with a
driver in the first place. Through
the International Association of
Chiefs of Police (IACP) and the
National Highway Transportation
Safety Authority (NH
division of the U.S. Depa
Transportation, a series o
clues” have been recog
indications that a person
operating under the
When a trained police off e driving clues, it
gives the officer a reaso continue with an
investigation. The clues n into 5 distinct
categories, Maintaining La e, Braking, Speed
and Judgement.
rise t
proba
believe
hap
h
TSA), a
rtment of
f “driving
nized as
may be
influence.
icer sees one of thes
nable suspicion to
can be broken dow
ne Position, Vigilanc
34
35
Maintaining Lane Position
Maintaining Lane Position tends to be difficult for impaired
drivers. A driver under the influence has an erratic driving
pattern and several events can identify them to the police.
Drifting, weaving, swerving and wide turns can identify an
impaired driver quickly.
Drifting can be defined
as moving in a forward
direction, but with a
slight angle. Many
times the driver will drift
towards the centerline
or the median slowly,
correct the problem and begin to drift in the opposite direction.
Weaving is when a car moves side to side from one lane to
another usually moving around other vehicles. When a person
under the influence operates a vehicle, they can be viewed
weaving even without the presence of other vehicles. Another
sign of an intoxicated driver is one who comes extremely close to
other objects, vehicles or even people. Drivers under the
influence also tend to make wide turns. The driver may travel
into the other lane when initiating the turn or while making it.
36
Vigilance
A driver’s vigilance is their ability to be aware of their
surroundings, to be alert and take notice of their environment so
that they may react
appropriately. Driving into
oncoming traffic and
inconsistent signaling are two
vigilance problems that can
indicate driver intoxication.
Driving into oncoming traffic occurs because the driver is not
aware of their surroundings and is not alert and watching traffic
signs. Improper signaling is also a sign that a driver may be
intoxicated. A driver that is disoriented may signal and then turn
in the opposite direction. This action is easily visible to officers
of the law as well as other drivers signaling that there is a
problem. According to former New Jersey State Trooper and
DUI expert Gary Aramini, driving at night without headlights is
one vigilance problem that is a very common action of drunk
drivers. Their vision is usually impaired and they do not even
notice that they do not have their headlights on.
Braking
Oftentimes, an intoxicated driver can be viewed easily by
the way that they stop their vehicle. Abrupt stops are a key sign
37
as well as stopping too far from or beyond the line on the road.
Stopping too far from objects or hitting objects such as parking
blocks or parking in spots at improper angles are also key signs
of an intoxicated driver.
Speed
Slow speed can be enough reasonable suspicion to pull
over a driver. Speeding is not a typical sign of drunk driving
because driving at faster speeds requires faster reflexes which
an intoxicated driver does not possess. Vehicles moving at slow
or extremely slow speeds along with varying speeds such as
slowing down and then speeding up can be determinants of
drunk driving. Oftentimes, however, the initial contact with a
driver is the result of an officer citing speeding as a reason for
the initial stop of the arrested person.
Judgment
Many times the judgment of a driver is impaired when
they are driving under the influence of alcohol or drugs. Illegal
38
turns such as turning when a “No Turn on Red” is marked or
turning and driving on one way streets or medians are judgment
problems that often occur when a driver is under the influence.
Driving on anything other than designated roadway such as
center medians, shoulders or even grass on the sides or center
of the road can also be sure signs that the operator of the motor
vehicle is intoxicated.
Keeping the roads safe is a primary task of police officers,
especially the officers on duty in the late evening and early
morning hours, the “high time” for DUI arrests. If they determine
that there is a possibility that a driver of a motor vehicle is
impaired, they will not hesitate to pull the driver over and
investigate further. If you are detained, always remember to be
polite, as it may be that you are being audio or videotaped.
39
THE FIELD SOBRIETY TESTSCHAPTER 5
Standardized Field Sobriety Tests (SFST) are
psychophysical tests. A test is an "objective" and "standardized"
measure of a sample of behavior, focusing on three elements:
1) Objectivity: Aspects of a test are based on objective
criteria, such as the scoring or the interpretation of the
score, and not influenced by the subjective opinion of
examiner.
2) Standardization: There is uniformity of procedure in
the administration, scoring and interpretation of the
test and results.
3) Behavior Sample: A representative sample of a
person's behavior from which one can draw inferences
and hypotheses.
A test is not a psychological X-ray, nor does it necessarily reveal
hidden conflicts and forbidden wishes.
Psychological tests must meet three criteria: (1)
Reliability, (2) Standardization, and (3) Validity. Tests are used
40
by a variety of professionals, including psychologists, special-
education teachers, guidance counselors, psychiatrists, speech
therapists, nurses and engineers.
Psychophysical tests should require evaluation of the
subject's appearance and condition, ability to follow instructions,
as well as balance and coordination. These types of tests are
called Divided Attention Tests, for they require the subject to
concentrate on more than one thing at a time, dividing the
subject's attention between mental and physical tasks. Studies
have shown that a person who is under the influence of an
alcoholic beverage may be able to perform one of these tasks
but rarely both. If under the influence of an alcoholic beverage,
people are likely to make certain predictable errors while
attempting these tasks. Since the mid 1970's, the National
Highway Traffic Safety Administration (NHTSA), with the
cooperation and assistance of the law enforcement community,
has conducted research that resulted in the development of a
battery of three standardized field sobriety tests: Horizontal Gaze
Nystagmus, Walk and Turn and the One Leg Stand to assist
police officers in detecting impaired drivers.
The program, which was previously termed the Improved
Sobriety Testing, was validated in laboratory and field studies
conducted by the Southern California Research Institute. These
tests were initially developed by the Los Angeles Police
41
Department and the methodology of conducting these tests is
included in the NHTSA course "DWI Detection and Standardized
Field Sobriety Testing."
In 1986, the Advisory Committee on Highway Safety of
the International Association of Chiefs of Police (IACP) passed a
resolution which recommended that law enforcement agencies
adopt and implement the field sobriety testing program
developed by NHTSA.
As the program grew, it
became apparent that
in order to insure
continued success,
nationally accepted
standards should be
established.
Standardization that established criteria for the selection and
training of SFST practitioners would help insure the continued
high level of success of the SFST program. In 1992, the IACP
Highway Safety Committee recommended the development of
this system of nationally accepted standards.
In April of 1992, the IACP and NHTSA sponsored a
meeting at the headquarters of IACP in Arlington, Virginia.
Persons invited to this meeting included SFST instructors from
several states, curriculum specialists and training administrators.
42
The participants met in working groups to reach a consensus
concerning the many issues relating to the SFST program and to
develop recommended minimum standards to the IACP Advisory
Committee on Highway Safety. The standards were drafted and
presented to the committee for their review at the mid-year
meeting in June 1992.
The Advisory Committee on Highway Safety by resolution
adopted the National Standards for the SFST Program and
voting membership of the IACP subsequently approved the
Standards. In order to
maintain the credibility
and integrity of the
program, agencies that
use a training program
other than that which is
currently approved by
the IACP must have the
alternative curriculum approved by the IACP Advisory Committee
on Highway Safety as meeting the required learning objectives.
This is supported by the National Highway Traffic Safety
Administration. Presently, SFST Training for Police officers (and
the few DUI Defense Attorneys, including Attorney Ruane, who
have been taught the regimen) must be 16 hours in length and
include at least two controlled drinking sessions utilizing
43
volunteer drinkers. This is in accordance with section 1.2 of the
Standards for Training in Standardized Field Sobriety Testing. In
section 1.4, in order to satisfactorily complete the classroom
portion of the training, SFST candidates must complete the
IACP-approved final examination with a score of not less than
eighty percent. Candidates scoring less than 80% on the final
may be re-tested one time under the supervision of a SFST
instructor. The retest shall be completed not less than 15 days
and not more than 30 days following the completion of the
classroom training, and the examination used shall not have
been administered to the candidate previously. If the candidate
does not achieve a passing score on reexamination, the
candidate must retake the classroom portion of the training and
pass the final examination.
The U.S. DOT requires 35 practice tests within a six
month period, but local and State Police have varying
requirements based on their own department’s criteria. A refusal
of a chemical test cannot be considered a practice test, as a
blood alcohol reading must corroborate the evaluation of the
suspect. The officer is trained to conduct the HGN test last
during his practice test period and not to formulate an opinion
based on the results or use it for probable cause to arrest. They
are told not to document the test due to this.
44
At no time may a person that is tested be used more than
once on a practice test. As a result of this it is necessary to
review the documentation of the practice tests in order to
determine if the practitioner was properly recommended for
certification.
After probable cause is determined, an officer will most
often attempt to recover more evidence that the driver is under
the influence of drugs or alcohol and an officer may ask a person
to perform Standardized Field
Sobriety Tests. In every state
you do not have to take field
sobriety tests, but in each state
the law is different regarding
whether or not you have to
consent to a blood breath or
urine test. Standardized Field
Sobriety Tests, usually
conducted on the side of the
road, do nothing to prove your
sobriety, and oftentimes can hurt your defense. The officer
cannot force you to do these tests, so politely decline. However,
in Connecticut, while you do not have to take a blood, breath or
urine test, a refusal will trigger a longer DMV administrative
suspension. If an officer tells you he will let you go if you take
45
them, you should still decline. They can only add to the probable
cause for your arrest.
The Field Testing
Generally there are three "tests" which are administered
on scene. These tests are the Walk and Turn, the One Leg
Stand, and the Horizontal Gaze Nystagmus. The three tests are
most often used together and have shown 93% accuracy in
Colorado in 1995, 95% accuracy in Florida in 1997 and 91%
accuracy in San Diego in 1998, however, there are many
scientists who refute
the validity of these
tests. The Horizontal
Gaze Nystagmus is
still the most accurate
of the three and is
said to “provide valid
indications to support
arrest decisions at 0.08 and strongly suggests that it can provide
valid indication of 0.04 and above.” When the Horizontal Gaze is
combined with the Walk and Turn it is said to have 80%
accuracy, but it is obvious that when tested with all three there is
a higher degree of accuracy. These three tests, however, have
never been subject to peer review. (Peer review is the process in
46
which scientists publish their methods and results to other
persons in their field to allow for critical analysis of the data and
results.)
Field Testing will most often occur on the side of the road
after one has been suspected of being under the influence. The
results of the test will help the officer to support evidence if they
find you to be under the influence of drugs or alcohol.
You can simply tell the officer that you do not wish to take
the tests. Remember to be polite with the officer because it can
only help you later but refraining from field tests is your right.
They are not required and in most cases will only hinder you
when it comes time for court. Conditions for field-testing are
often not ideal with uneven ground, poor lighting, weather and
even improper attire and footwear could hinder accurate results.
Horizontal Gaze Nystagmus
The suspect must be instructed to look straight ahead,
keeping the head still while following and focusing on the
stimulus with the eyes until told to stop. The stimulus must be
twelve to fifteen inches in front of the suspect's eyes for ease of
Understand that you do not have to take field tests.
47
focus. The officer is trained to receive an acknowledgement from
the suspect that the stimulus is at a comfortable distance from
the suspect's eyes and to document this confirmation. Even
though this test is not a vision test, per se, eyeglasses are to be
removed in order for the officer to make a more accurate
determination of the final total points. If the suspect can not see
the stimulus after removing the eyeglasses, they must be
allowed to perform it with them on. According to the manual,
hard contact lenses are to be removed so as to avoid dislodging
when the eyes are out at maximum deviation or to prevent
damage to the eyes.
Three to four percent of the general population willexhibit a pathological Nystagmus.
A person with a glass eye or only vision in one eye can
not be given this test for evaluation of just one eye and then a
subsequent doubling of the score, assuming that the other eye
will render the same results, is both erroneous and improper. If
the suspect has what is known as the lazy eye condition, the
officer is trained to test one eye while the other eye is covered by
the suspects’ hand, then to switch same. A person who is color
blind is not validated for this test as they will probably have a
pathological Nystagmus which is normal and natural for that
condition. This can be caused by some type of neurological
disorder, brain damage, epilepsy or pathological disorder which
the suspect is born with or of unknown etiology. A large disparity
between the right and left eye can clue the officer into this
problem. At an accident scene, if the suspect sustains a
concussion, this may bring on a pathological Nystagmus thereby
invalidating this test.
48
Although very few test conditions affect gaze Nystagmus,
there are certain administrative procedures that must be
followed. As previously mentioned, the stimulus must be placed
twelve to fifteen inches in front of the suspect's eyes. The
stimulus should be held above eye level, so that the eyes are
49
wide open and looking directly at it. Due to narrowness of certain
individuals eyes it becomes more difficult to make a fair
evaluation of the Nystagmus unless the eyes are wide open.
If the officer believes that the Nystagmus might be there, it
can not be scored, as the benefit of the doubt must be given to
the person that is being tested. The officer is also trained to
administer this test with the suspect looking into a quiet
background, facing away from police cruisers and oncoming
traffic. This is to
avoid the probability
of evaluating an
induced condition
known as optokinetic
Nystagmus, which
develops when a
person focuses on
several objects at one time or on objects that are moving away.
This optokinetic Nystagmus is a defense mechanism of the body
in order to keep the eyes from tiring. There are numerous visual
or other distractions that may also impede this test. Certain
environmental factors such as wind and dust may interfere with
the performance of the Nystagmus test. When administered
alone, Horizontal Gaze Nystagmus is considered to be 77%
accurate by the law enforcement community.
50
First Clue : Lack of Smooth Pursuit
As explained earlier, Nystagmus is the involuntary jerking
of the eyes. With alcohol intoxication, three clues will be sought
after, the first of which is smooth pursuit. The officer is trained to
look for the suspect's inability to pursue a stimulus smoothly
moving horizontally while focusing on that. If the suspect moves
his head to the side at any time, the score may be invalid
regardless of which clue the officer is looking for. An example of
smooth pursuit is a marble rolling across a smooth pane of glass:
this would be a very smooth pursuit. If the suspect is under the
influence, the eyes will bounce or jerk in similar fashion, as if that
same marble was rolled across a piece of sandpaper. The officer
is instructed to check the left eye first by moving the object to the
officer's right. The object must be moved smoothly in order to
comfortably bring the suspect's eye as far to the side as it can
go. Any choppy or shaky hand movements or movement that is
too fast by the officer may induce a Nystagmus in the suspect's
eyes and invalidate the test. The officer is instructed to make two
or more passes in front of the eye to be absolutely certain that
there is a Nystagmus. If this clue is scored as Nystagmus the
suspect is assessed one point. However, if the suspect has this
clue emanating in one eye, it is not guaranteed that it will be
exhibited in the other eye.
51
Second Clue: Distinct Jerkiness at Maximum Deviation
After the officer has checked the first eye for the smooth
pursuit clue, the same eye must be checked for distinct jerkiness
at maximum deviation. This is accomplished by simply moving
the object to the side until the eye has gone as far to the side as
possible. At maximum deviation, no sclera or “white” will be
showing in the corner of the eyeball. The officer must hold the
eyeball at that position for two or three seconds and attempt to
discern distinct eyeball jerkiness. If the officer can not make this
distinction from a slight nystagmus, the benefit of the doubt must
be given the suspect. The officer may make the mistake of not
bringing the eyes out to side as far as they can go or too rapidly
returning the stimulus and incorrectly score this part of the test.
During the test, a certain degree of uncomfortableness is
experienced, causing a slight twitching of the eyes at maximum
deviation and if the officer returns the stimulus too quickly, the
natural Nystagmus may be mistaken for that caused by
intoxication.
Final Clue : Angle of Onset
Although the most difficult to evaluate, the angle of onset
is perhaps the greatest indicator of the presence of the other
clues. This correlation, however, does not work conversely. The
52
presence of either of the first two clues does not guarantee that
the third clue will be present.
The person is told to follow the stimulus until they are
looking down a 45-degree diagonal. In order to estimate the 45-
degree angle, the officer is told to place the stimulus halfway
between the suspect's ear and nose on the side being tested or
just outside the shoulder area. The estimation of this angle is
critical, since studies have shown that as the alcohol increases,
the angle will decrease.
Although this may be
the case, this angle
should not be used to
estimate a specific
amount of alcohol in the
bloodstream.
To score this part of the test, the officer must move the
object to a 45-degree angle so the eye matches this angle,
looking for jerkiness in the movement. If Nystagmus is observed,
the stimulus is stopped and the officer must make note a
continued jerkiness. If it does continue, the officer must observe
whether there is still white showing in the corner of the eye and
then the angle is noted as prior than 45-degrees. If there is no
jerkiness, the stimulus must continue to be moved until the
jerking occurs or the 45-degree angle is reached. If no white of
the eye is showing, the eye has either been taken too far to the
right, which would indicate maximum deviation, or the person
has unusual eyes that will not deviate very far to the side. The
criterion of onset before 45-degrees only can be used if some
white can still be seen at the outside of the eye, however, too
often the officer incorrectly estimates the angle or scores this
with no white showing in the corner of the eye or both.
This test is deemed the most reliable test in determining
probable cause to believe someone is under the influence of an
alcoholic beverage, however this obviously depends on whether
the officer adheres to the proper administration and proper
scoring of the test.
This test should not be administered if the suspect is lying down
but can be administered to them if they are sitting or standing.
Ask Yourself This:
Can you effectively pick a 45-degree angle without having
actual lines to use as a reference point?
Even if this test is done perfectly, it is still only 77% reliable.
53
54
Walk and Turn Field Test
Correct administration of this field test requires that it be
performed on a hard, dry, level, non-slip surface with sufficient
room for the suspect to complete nine heel-to-toe steps. This test
does in fact lose some validity when conducted in certain wind or
weather conditions that prevent the standards of administration
from being met. The manual calls for a straight line, which must
be clearly visible on the surface, however it is taught that the test
can be performed parallel to the curb. Conditions must also be
such that the suspect would be in no danger if he or she were to
fall.
Some people should not be given this test because even
the average sober person would have difficulty with it. People
more than sixty five years of age or over fifty pounds overweight
or with any physical
impairment that would
affect their ability to
balance should not be
given this test. The officer
is trained to take this into
account when developing
their probable cause for
arrest. Individuals wearing heels more than two inches high
should be given the opportunity to remove their shoes, as this
55
may affect the subject’s ability to balance and subsequently
hinder the validity of the results. Individuals who can not see out
of one eye may also have trouble with this test because of poor
depth perception and should not be given this test as well.
The Walk and Turn test is an objective test based upon
certain predictable errors that a person under the influence will
display, as well as scoring factors that will give the officer a basis
for passing and failing other
than a subjective opinion. In
order to properly administer this
test, it is important to
understand what type of test this
is. It is commonly referred to as
a Divided Attention Test
because it divides the suspect's
attention between mental and
physical tasks. The physical
tasks include balance and
coordination while the mental tasks include comprehension of
verbal instructions, the processing of information and the recall
of memory. While a person may be able to perform one task,
they may not be able to perform the other if under the influence
of an alcoholic beverage.
56
While the suspect is performing this test, the officer must
observe the suspect from three or four feet away and remain
motionless. Being too close or creating a distraction with
excessive motion may cause the suspect to make errors they
may not have committed otherwise. This will cause some validity
of the results to be lost as even a sober person may have
difficulty under these particular conditions. The officer must give
clear verbal instructions, only to supplement this with a
demonstration of the test, and must receive affirmative
confirmation of the suspect’s comprehension of the instructions.
This test is scored in relation to eight scoring factors that
can be seen in two separate stages. When administered alone,
the Walk-and-Turn test is considered to be 68% accurate,
however, when combined with the Horizontal Gaze Nystagmus,
the two are considered to be 80% accurate in detecting impaired
drivers. The first stage of this test is called the Instruction Stage
and will set the stage for the entire test. If the officer does not
follow training and procedure perfectly during this stage, it may
affect the validity of the entire test. The officer must verbally
explain to the suspect the heel to toe stance and then
demonstrate it. The suspect is told to place their left foot on the
line and place their right foot on the line ahead of the left foot,
with heel of right foot against toe of left foot. In the absence of a
57
demonstration, instructions alone can discredit the validity of the
test.
The officer is instructed by way of training to make sure
the right foot is in front of the left foot to start in order to maintain
uniformity. This also becomes important later in the test during
the turning evaluation. If the suspect is instructed or
demonstrated improperly, it may affect the suspect during this
part of the test. After accomplishing the starting position, the
officer must inform the suspect to remain in that position until
they are told to start walking.
There are two ways that the officer can assess a point
against the suspect's performance. If the suspect cannot keep
balance while listening to the instructions, a point is scored. This
item is only scored if the suspect does not maintain the heel to
toe position throughout the instructions. The officer is trained to
be conservative in their scoring and not to score a point if the
suspect sways or uses the arms to balance but maintains the
starting position during this stage. A second scoring factor is
known as starting too soon. This is given when the starts to walk
before the officer instructs them to do so. This can only be
scored if the officer specifically instructed the suspect not to start
Now it's OK to balance using your arms!
(But only during this stage)
58
until told to begin and the suspect stated they understood this
instruction.
The second stage of this test is known as the Walking
Stage. The suspect is informed again, that when told to start,
they must take nine heel to toe steps, turn around, and take nine
heel to toe steps back. The officer must demonstrate two or
three heel to toe steps for the suspect, as well as how to turn:
the foot must be kept on the line and turn by taking a series of
small steps. The officer then continues to instruct the suspect to
keep their arms at their sides while walking, watch their feet at all
times, to count their steps aloud and not to stop once they have
begun. If the officer does not once again confirm the suspect’s
understanding of the instructions, the test results may be invalid.
Scoring the Walk and Turn
There are six scoring factors that can be observed in this
stage, the first of which is if the suspect stops to regain balance
once the test has started. The officer can not score this item if
the suspect is merely walking too slow, but can only if the
Although the officer is starting to judge you immediatelyupon taking the first position, you can “start” the test too
soon even though you are already being scored!
59
suspect pauses for at least several seconds after one step. Once
this occurs, the officer is to have the suspect begin from the point
of difficulty instead of starting over, as this test loses sensitivity if
repeated several times. Another scoring factor is referred to as
not touching heel to toe. If the suspect leaves a one half inch or
more between the heel and toe or does not walk straight along
the line they can only be assessed one point, no matter how
many times this occurred.
During the instruction stage, if the suspect sways or uses
their arms for balance a point can not be scored. A point can
only be scored if during the walking stage, the suspect raises
one or both arms more than six inches from the side in order to
maintain balance. If this is noticed to be the normal position of
the arms, as in some bodybuilders, the officer is trained to take
that into account and be conservative in their scoring. The
benefit of the doubt must be given to the suspect.
The next way a suspect can be given a point is if they lose
balance while turning. This item can only be scored if the
suspect removes both feet from the line while turning or does not
take several small steps, and pivots in one movement, as in an
about face movement. It is imperative that the officer has
demonstrated and articulated this movement properly in order to
be scored.
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Finally, the last scoring factor is if the suspect takes the
incorrect amount of steps. This item is scored only once, even if
an incorrect amount of steps is taken in either direction. The
suspect is also instructed to look down at their feet while
performing this stage of the test and to count their steps out loud,
however, if they don't adhere to these instructions, they can not
be scored a point, as these are not one of the scoring factors.
There are two ways that the suspect can receive a
maximum of eight points on this test. The first occurs if the
suspect steps off of the line three or more times, and the second
if the suspect can simply not do the test. If the suspect receives
at least two total points on this test, the officer is trained to use
this as probable cause to believe that the suspect is under the
influence of an alcoholic and to make an arrest.
One Leg Stand Field TestIn order to accurately administer this test, the office must
move the suspect to a hard, dry, level, non-slippery surface.
Conditions must be such that the suspect would be in no danger
if he or she were to fall. Certain wind or weather conditions
obviously may interfere with and affect the validity of this test.
This test should not be given to persons who are more than
sixty-five years of age, more than fifty pounds overweight, or with
physical impairments that interfere with balance. Individuals
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wearing heels more than two inches high should be given the
opportunity to remove their shoes as this may diminish the
reliability of the results. The
officer is trained not to give this
test if there is not adequate
lighting to perform it. In total
darkness, even the average,
sober person may have difficulty
with this test as a result of a lack of visual frame of reference that
would otherwise be provided with proper lighting.
As with the Walk and Turn Test, it is imperative that the
officer observes the suspect from at least three feet away and
remain as motionless as possible so that there are absolutely no
distractions caused by the officer.
In the administration of this test, there are also two
separate stages involved. The first stage is also called the
"Instruction" Stage. The test is initiated by giving verbal
instructions, followed by a demonstration. The officer is trained to
advise the suspect to stand with their heels together and arms
down at their sides and to not start the test until told to do so. As
before, the officer must receive affirmative confirmation that the
suspect understood the instructions and then document this
acknowledgment. There are no scoring opportunities until the
next stage of the test, the Balance and Counting Stage, unless
62
the suspect can not even perform the test, which would of course
be scored. This would give the suspect a maximum score of four
points and would necessitate explanation on the part of the
officer.
At the start of the "Balance and Counting" Stage, the
officer is required to explain the test requirements further by
instructing the suspect to stand on one leg (the suspect can
choose which), holding the other foot in front about six inches
from the ground. While standing, the suspect must keep their
arms at their sides,
look only at the
extended foot, refrain
from swaying or
hopping, and count
out loud for 30
seconds, counting
each second as "one-one thousandth.” The officer then
demonstrates all of the above mentioned instructions including
the counting and asks for acknowledgment of comprehension, at
which point if received, the test begins.
Scoring the One Leg Stand:
A suspect may be scored a point for the following
reasons:
63
1. Suspect sways while balancing. The officer is trained
not to be too critical in this scoring as the suspect is human and
some sway is a natural reaction. The swaying that can be scored
is a marked sway, such as a back-and-forth motion while the
suspect maintains the position.
2. The suspect uses the arms for balance, raising six or
more inches from the side of the body. The officer must take into
account the natural position of the arms, as in the case with body
builders, for some the natural position of the arms my be farther
than six inches. If the suspect puts their foot down, regardless of
how many times, they can only be given one point. The suspect
should be allowed to continue from the point of difficulty as this
test may lose sensitivity if repeated several times. The suspect
has been instructed to keep watching their raised foot and to
count out loud, but if they do not follow either of these
instructions, they are not scored any points. If the suspect counts
too slowly, it is imperative that the officer stop the test after thirty
seconds have elapsed as this may affect the scoring and validity
of the test. The officer is trained to time thirty seconds of total
Ask yourself this:
Is it easier to balance yourself on one foot or two?
64
test time. If the suspect counts too fast the officer is instructed to
slow them down.
3. The last scoring factor in this test is whether or not a
suspect hops on one foot. This is scored only if they resort to
hopping on the anchor foot in order to maintain balance. It
should not be scored if the suspect is having difficulty by moving
the anchor foot back and forth. The officer is supposed to be
able to distinguish this as part of their training and to allow the
suspect this benefit.
The suspect can receive a maximum score on this test in
two ways, the first of which would happen if the suspect puts
their foot down three or more times during the thirty second
count. Secondly, if the suspect can not perform the test as a
Ask yourself this:
Why does a circus tightrope walker use that long pole?It is to allow herself to displace her weight over a larger
area to make it easier to balance in an unnatural
position?
Ask yourself this:
When you feel you are about to fall, do you reflexively
begin to hop to keep yourself from falling?
result of their intoxication level, they are then scored the
maximum, however, the officer must be able to articulate why
they felt the defendant was incapable. The degree of reliability of
this test is 65% if instructed and scored properly.
For purposes of the arrest report and courtroom
testimony, the officer is trained that it is not simply enough to
report the suspect's "score" on the three tests. The numeric
scores are only important to the police officer in the field to
determine probable cause, however merely a score is insufficient
to secure a conviction and must be accompanied by more
descriptive evidence. The officer must be able to describe in
detail how the suspect performed, and the manual provided to
the officer has a standard note-taking guide which should be
utilized to assist the officer and prove the case.
Sobriety Tests Not Yet ValidatedCounting Backwards
This divided attention test requires a person to count out
mple, the person
ing with 28. This
ave to remember
Remember that you do not have to take field tests andcan politely decline when the issuing officer requests that
you participate in the tests.
loud a set of numbers in reverse order. For exa
is instructed to count starting with 56 and end
divides the person's attention because they h
65
66
what number to start with, count backwards correctly, and
remember what number to stop on. Anything other than 100%
perfection will be viewed as a sign of intoxication.
Alphabet
This test requires a person to recite a portion of the
alphabet. For example, the person is instructed to start with a
specific letter, D, and stop at a specific letter, T. This divides the
person's attention because they have to remember the specific
letter to start with, say the letters in sequence, and remember the
letter to stop with. Anything less than 100% perfection will be
viewed as a sign of intoxication.
Finger Count
This test required a person to touch the tip of each finger
in succession to the tip of their thumb, up and back, while
counting 1, 2, 3, 4, .. 4, 3, 2, 1. They must touch fingertips while
not counting out of order. Anything less then 100% perfection will
be viewed as a sign of intoxication.
Stationary Balance (i.e. Rhomberg)
This test requires a person to stand with heels and toes
touching, leaning their head back to look up at the sky or ceiling,
holding their arms out to the side (like an airplane) and estimate
67
30 seconds. The officer is looking for any unnatural sway. I have
had officers testify from a range of anything more than ½ inch to
1 inch from center is too much sway and must be caused by
intoxication. Also, if your estimation is not close to 30 seconds,
this will be viewed as a sign of intoxication.
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THE INTOXILYZER 5000CHAPTER 6
The Intoxilyzer 5000 is the breath testing machine which
is used by law enforcement in Connecticut to test for the
presence of alcohol when they have arrested a person for DUI.
The company CMI in Kentucky manufactures the machine, which
uses infrared spectroscopy to identify molecules based on the
way they absorb infrared light.
All molecules are constantly vibrating, and these
vibrations change when the molecules absorb infrared light. The
changes in vibration include the bending and stretching of
various bonds. Each type of bond within a molecule absorbs
infrared light at different wavelengths, therefore in order to
69
identify ethanol in a sample, one must look at the wavelengths of
the bonds in ethanol (C-O, O-H, C-C) and measure the
absorption of infrared light. The absorption wavelengths help to
identify the substance as ethanol, and the amount of infrared
absorption tells you how much ethanol is present.
The Intoxilyzer has a cell in which a person blows into the
device. There is an inlet for the cell (2) and there’s an exhaust
portion of the cell (3), and a sample chamber (4) that the breath
travels through. (See Figure F) The light source is like a regular
light bulb, producing energy. It is the same type of energy that an
electric stove emits and that one can feel when the burner turns
red.
The device has a wheel at the outlet of the chamber
where the light goes through and there are five different filters
(6). Those are like
sunglasses. Each filter is
different, and they filter out
all unwanted light and only
let small portions of light
come through. As that wheel
goes around you get small
pulses of energy impacting
the receptor as the filters break it up. The amount of heat that is
sensed goes through what is called an “A to D” convert.
Henry’s Law DefinitionAn official definition
reads: “The mass of agas that dissolves in a
definite volume ofliquid is directly
proportional to thepressure of the gas
provided the gas doesact with theolvent.” words, if a gasquid are in a container, thetration of thee air above the
proportional tocentration ofas which isd in the liquid.
The computer system does not automatically recognize
that type of signal. It has to be converted to a digital signal and
then sent to the computer where it is then reduced to numerical
values. That numerical value is shown on a small screen on the
face of the device and it prints a readable report or readable
result.
Henry’s LawBreath testing is based on
the principle known as Henry’s
Law. This can be related to blood
in a closed container that contains
alcohol. The alcohol will
evaporate until the concentration
in the air above the liquid is equal
to that in the liquid,
a fixed constant
Constant. The ratio
of the blood in the h
be used in acco
Henry’s Law is 210
be explained as “the
of alcohol in a no
blood is said to be as great as the
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not res
In otherand li
closedconcen
gas in thliquid is
the conthe g
dissolve
also known as
or Henry’s
given to that
uman body to
rdance with
0:1. This can
concentration
rmal person’s
approximately 2100 times
71
concentration in the air in equilibrium with it. This means that if
the alcohol concentration found in blood that is in equilibrium
with the alcohol in air, the alcohol concentration in the blood
should be close to 2100 times greater.” Another problem exists
by this normal ratio because not every person has the same
body weight, frame and physical makeup, therefore there cannot
be a norm for his or her blood/air equilibrium. The ratio would be
much wider depending on the person being tested because the
human body is not an ideal subject for a sealed container.
Because of this problem with the normal ratio determined by
forensic scientists, there can be up to a 0.03% error or more with
a breath machine due to the normal ratio being used as a
constant with the breath machine.
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In addition to the issues of the ratio of the breath machine,
the temperature of the individual supplying the sample can
impact the reported results. Rarely does the defendant’s
temperature get taken at the time the sample is given, but it
could severely alter the results of the test! A temperature
increase of only 2°F will cause approximately a 10% increase in
BAC due to the volatility of alcohol. A drop in temperature can
cause similar results. A heavy dose of aspirin can cause body
temperature to be reduced and thus potentially alter results.
There is a breath machine that corrects a test result based on
temperature, however that machine is not used in Connecticut.
These two issues of breath can be used as a viable
defense when being charged with a DUI. If you have taken any
medication or have been sick, it is a good idea to tell the officer
when they question you, or to tell your attorney afterwards. Also,
if you have any medical conditions that could affect your normal
blood ratio, you should let your attorney know so that he/she
may obtain the correct medical documentation to support your
claims. If you are a diabetic, the officer and your attorney should
know because a diabetic can naturally produce ketones, which
can skew the results of the breath test. A dedicated DUI
attorney can review your medical history and investigate any
possible medical defenses to the charges brought against you.
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There are a few variations of breath machines, but many
are outdated or not used in Connecticut. The Breathalyzer and
hand held breath testing machines are no longer used and not
valid, respectively. Currently the state is in the process of
passing laws that put breath machines in a system within a
person’s vehicle, known as the ignition-interlock program, part of
Public Act 03-265.
Figure F
1. A lamp generates an infrared beam.2. The subject blows into the breath intake.3. The breath eventually passes through the sample
chamber.4. Subject’s breath accumulates in the sample
chamber.5. The infrared beam passes through the sample
chamber.6. The beam is focused by a lens onto a spinning
filter wheel. band filters
lengths of the
is detected by to an electric
elayed to thehe pulses and absorption of
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7. The filter wheel contains narrowtheoretically specific for the wavebonds in ethanol.
8. The light passing through each filterthe photocell, where it is convertedpulse. The electric pulse is rmicroprocessor, which interprets tcalculates the BAC based on theinfrared light.
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THE DMV PROCESSCHAPTER 7
When you are arrested for a DUI, the arresting agency, by
law, must report this to the Department of Motor Vehicles. The
DMV then processes your information and will issue a notice to
you that they are planning on suspending your license. The
DMV can suspend your driver’s license because of the state’s
implied consent law. The implied consent law states that
whenever you drive on the roads in the State of Connecticut, you
have given your consent to submit to a chemical test of your
blood, breath or urine. If you fail this test, or refuse to give a
sample, the DMV can strip you of your privilege to drive for a
specified time period.
The implied consent law of the state of Connecticut reads:
Sec. 14-227b. Implied consent to test operator's blood,breath or urine. Testing procedures. License suspension.Hearing.
(a) Any person who operates a motor vehicle in this stateshall be deemed to have given such person's consent to achemical analysis of such person's blood, breath or urine and,if such person is a minor, such person's parent or parents orguardian shall also be deemed to have given their consent.
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When your license is automatically suspended by
application of 14-227b, it is deemed a “Per Se” case. “Per Se” is
Latin for “Of Itself.” Per se hearings that are held pursuant to §§
14-227b are limited to four issues: See Buckley v. Muzio, 200
Conn. 1, 8, 509 A. 2d 489 (1986); Weber v Muzio, 204 Conn.
521, 523, 528 A. 2d 828 (1987). The four (4) issues at the
administrative hearing are as follows:
(1) Did the police officer have probable cause toarrest the person for operating a motor vehiclewhile under the influence of intoxicating liquor ordrug or both or while his ability to operate suchvehicle was impaired by the consumption ofintoxicating liquor; (2) was such person placedunder arrest; (3) did such person refuse to submitto such test or analysis or did such person submitto such test, commenced within two hours of thetime of operation and the results of such test oranalysis indicated that the ratio of alcohol in theblood of such person was eight-hundredths of onepercent or more of alcohol, by weight; ad (4) wassuch person operating the motor vehicle". Conn.Gen. Stat. §§14-227b(f).
Burden of Proof
Unlike a criminal case, the standard of proof for a driver’s
license suspension is not beyond a reasonable doubt, but rather,
much lower. The state must prove the elements of the offense
against you by a preponderance of the evidence. The burden is
on the plaintiff at the administrative hearing to prove that the
77
decision by the DMV to suspend his license is clearly erroneous
based on the record. See Schallenkamp v DelPonte, 229 Conn.
31, 39, 639 A. 2d 1018 (1994); Lawrence v. Kozlowski, 171
Conn. 705, 713-14, 372 A. 2d 110 (1077). However, there must
still be “substantial evidence” in the record to support the
Commissioner’s findings. Bialowas v. Commissioner of Motor
Vehicles, 44 Conn. App. 702, 692 A. 2d 834 (1997). They can
do this because as driving is a privilege, they can rescind that
privilege much easier that to take away your constitutional rights.
Now, many people wonder “How can the state take away
my license and try to put me in jail, isn’t that “double jeopardy?”
The short answer is No.Back in the early 1990's, a
number of other citizens
throughout the United States
also thought that the State
was punishing them twice for
one solitary act. In the State of Connecticut, a woman named
Wendy Hickam appealed this exact issue after she lost her
license.
This means that you, the respondent, is responsible forproviding enough evidence to counter the state’s reports
beyond a preponderance of the evidence.
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The Court said that driving is not a constitutional right
protected by the State and Federal constitution. Licensed driving
is a privilege given to people by the state and because it is a
privilege, and not a Constitutional right, the State can take it
away much easier than your right to freedom and it is not double
jeopardy. The judges reasoned that the state has compelling
interest to keep accused drunk drivers off the road. It is for this
reason that it is far harder for the state to suspend one’s license
than to require jail time.
There are defenses to the DMV process, but each year
the DMV and legislature change the rules to take away these
defenses. One of the best ways to win is to simply fight the
case. People who don’t fight
the DMV suspension always
lose because the suspension is
automatic. In Cusano v.
Commissioner of Motor
Vehicles, 2 Conn, Ops. 1262
(1996), the plaintiff was willing
to submit to chemical testing only four minutes after initially
refusing to be tested. The Court held that this did not constitute
an unreasonable delay or “refusal” to be tested under Conn.
Gen. Stat. §14-227b, because it was “unreasonable for police to
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refuse to accede to the plaintiff’s request to be tested.” Id. At
1263.
One of the areas which also plays a significant role in
determining if the test is valid is the timing of the test. As you
can see from the law above, the test must be conducted within 2
hours. The Court, however, decided that the 2 hour rule was not
a hard and fast rule.
In Tuttle v. Commissioner of Motor Vehicles, 2 Conn. Ops.
812, 17 Conn. L. Rptr. 231 (1996), the plaintiff argued that the
Commissioner did not have the power to suspend his operator’s
license because the police requested the test more than two
hours after operation of the vehicle. Specifically, the plaintiff was
tested twice but the machine malfunctioned, and the police
requested that he be tested in a neighboring police station
approximately two and one-half hours after being arrested. The
Court conducted an exhaustive review of §14-227b and its “per
se” provisions and concluded:
The obligation of a person who operates a motorvehicle in this state to submit to a chemical test, inaccordance with the provisions of that statue, isindependent of the “per se” provisions in that statuerelating to the timing of the test and the test results.Specifically, the two-hour time limitation foradministering the test to a person who hasagreed to take it is of critical significance inmany respects, but it not a limitation on the
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general obligation of all motor vehicleoperators in the state to submit to a test whenrequested by the police. It follows that thecommissioner is required to suspend the license ofan operator who has been arrested for drunkdriving and who refuses to be tested, even if thepolice request the test after the two-hour timeperiod required by the “per se” provisions of thestatute. It is not necessary, in test refusal cases, toshow that the request was made within areasonable time after the arrest, considering all thecircumstances, including the availability of thetesting devices and the physical condition of theperson arrested. Id. at 813.
Finally, one of the ways a DUI may try to win your license
back is by bringing in the Police officers to cross examine them
at the hearing. In Silver v. Commissioner of Motor Vehicles, 3
Conn. Ops. 243 (1997),
the arresting officer failed
to appear for cross-
examination after two
subpoenas were issued
and the plaintiff had
agreed to a continuance
to ensure the witness’
appearance. However, the
police report was admitted over the plaintiff’s continual hearsay
objection under Conn. Gen. Stat §4-178, and denial of the
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opportunity to cross-examine the author of the report. The Court
held the officer’s statements were ripe for cross-examination:
and that the report was not inherently reliable to be admitted. Id.
at 244. Sometimes, however, it may for good reason that an
attorney chooses not to subpoena an officer to a hearing,
especially when it is likely that the officer’s testimony may
jeopardize a possible defense to the criminal portion of the case.
Only an experienced DUI attorney who has thought through
about every possible outcome can make that decision.
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DRIVER’S LICENSE POINTS
CHAPTER 8
The DMV tracks a person’s violations, infractions and
convictions by making notations on a person’s driving history.
Depending on the different allegations, the DMV can add “points”
to your history. When you amass 7 points in 3 years, you will be
required to attend driver retraining.
Driving Record Points
The following point amounts will be assessed for the
violations listed below them.
One Point:
♦ Operating at Unreasonable rate of speed (Sec. 14-218a)
♦ Speeding (Sec. 14-219)
♦ Failure to drive in right-hand lane (Sec. 14-230)
♦ Illegal use of limited access highway by bus, commercial
vehicle or vehicle with trailer (Sec. 14-230a)
♦ Improper operation on multiple-lane highways (Sec. 14-236)
♦ Improper operation on divided highway (Sec.14-237)
♦ Wrong direction at rotary or one-way street (Sec. 14-239)
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♦ Improper turn, illegal turn, illegal stopping, failure to signal
intention to turn (Sec. 14-242)
♦ Improper backing or starting (Sec. 14-243)
♦ Failure to give proper signal (Sec. 14-244)
♦ Operator’s duties on stopping a school bus (Sec. 14-277)
♦ Operation of motorcycles abreast, illegal passing (Sec.14-289b)
♦ Wrong way on one way street (Sec. 14-303)
Two Points:
♦ Slow speed, impending traffic (Sec. 14-220)
♦ Disobeying orders of officer (Sec. 14- 223a)
♦ Entering or leaving controlled access highway at other
than designated entrance or exit (Sec. 14-238)
♦ Entry upon a limited access highway other than a highway
intersection or designated point (Sec. 14-238a)
♦ Executing turn from wrong lane or contrary to traffic
control devices (Sec. 14-241)
♦ Failure to obey signal at railroad crossing (Sec. 14-249)
♦ Failure to observe parkway or expressway restrictions
(Sec. 14-298)
♦ Failure to obey traffic control signal light (Sec. 14-299)
♦ Failure to obey yield sign (Sec. 14-302)
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♦ Operating a vehicle through pedestrian safety zone
(Sec. 14-304)
Three points:
♦ Failure to keep right when meeting opposing traffic
(Sec. 14-231)
♦ Improper passing or failure to yield to passing vehicle
(Sec. 14-232)
♦ Passing on right (Sec. 14-233)
♦ Passing in no passing zone (Sec. 14-234)
♦ Failure to keep to right on curve, grade or approaching
intersection (Sec. 14-235)
♦ Failure to drive reasonable distance apart (Sec. 14-240)
♦ Failure to grant right of way at intersection (Sec. 14-245)
♦ Failure to yield when emerging from driveway or
private road (Sec. 14-247)
♦ Failure to grant right of way when emerging from alley
driveway or building (Sec. 14-247a)
♦ Failure to grant right of way to pedestrian (Sec. 14-300)
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Four Points:
♦ Wagering, speed record (Sec. 14-224c)
♦ Failure to drive reasonable distance apart, intent to
harass (Sec. 14-240a)
♦ Passing stopped school bus (Sec. 14-279)
Five Points:
♦ Negligent homicide with a motor vehicle (Sec. 14-222a)
Points assessed against a driving record will remain on
that driving record for a period of twenty-four months from the
date of such assessment. A letter of warning will be sent to the
holder of an operator’s license if points total or exceed 6. If the
licensee receives an excess of 10 or more points, the
department of motor vehicles will suspend the operator’s license
for a minimum of thirty days.
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RECORDS, INSURANCE & CDLCHAPTER 9
Getting Your Records
The only records you personally can obtain are your
driving history or an accident report. To obtain your driving
record, you can go into any full service DMV Branch Office and
provide them with two
forms of identification
as well as your name,
address, driver’s
license number, date of
birth and a Copy
Records Request (form
J-23) along with the
required fee and they
will give you a certified
copy of your driving
record. An accident report can be obtained from the local police
department of the town where the accident occurred
approximately 3-5 days after the accident. No other records are
available at public request. Your attorney is the only one who
can obtain your criminal records, police reports, or any other
private records that would be important to your case.
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Insurance Issues
It is important for you to understand that your insurance
company for your motor vehicle is assessing you on many
different levels to determine the premium you will pay. A Conning
and Co. investigation completed in July of 2001 into insurance
reports found that 92% of insurers use scoring which can include
credit data when they determine your auto insurance policy
premium rates. These credit reports put you into a class system
to determine your pricing tier. Insurers feel that there is a direct
correlation between the scores they determine for customers and
the probability that they will file a claim.
If you would like to obtain a copy of your driver’s license
history you need to contact the State of Connecticut Department
of Motor Vehicles and
request a J-23 form.
You can do this over
the phone and have it
mailed to you, fill out
the request form
online at the DMV
website, or you can
request it in person
from any full service DMV branch. You must have two forms of
identification (one must be photo), a check for $20, name and
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address, date of birth and drivers license number. After the
forms are submitted, it takes about two weeks to receive the
certified copy of your driver’s license. After receiving your
driver’s license record, you may be able to see some of the
reasons for the insurance score and ranking based on your
driving history.
If you have been arrested for a DUI offense, it will directly
impact your insurance score. If you are arrested and convicted
of a serious violation of the law in relation to your driver’s license,
you must obtain an SR-22 to have your driver’s license
reinstated. It is a Financial Responsibility Certificate that can be
obtained from either your insurance company or insurance
agent. It is a separate document from your regular automobile
insurance policy. Your insurance company must file the
certificate before your license privileges can be restored. This
helps to keep insurance companies informed about serious
offenders so that they may treat them as high-risk drivers and
charge them accordingly. To file an SR-22 in the State of
Connecticut, the original copy must be transmitted by your
insurance company to the Driver Services Division at the
following address:
You can plan to pay hundreds more a year for your firstDUI offense and even more for consecutive offenses.
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State of ConnecticutDepartment of Motor Vehicles
Driver Services Division60 State Street
Wethersfield, CT 06161-2525
Many insurance companies check your motor vehicle
record only once every three years or when you’re applying for a
new policy. Sometimes accidents, tickets and drunk driving
convictions can escape your insurer’s attention or don’t end up
on your motor vehicle record. However, if your insurer does find
out about a driving under the influence (DUI) conviction, or an
administrative suspension or a diversionary program, you’re
likely to feel the pinch of higher rates and possibly policy
cancellation or non-renewal.
There are two ways insurance companies generally deal
with customers convicted of DUI. First, your insurer will likely
raise your insurance premiums and label you a high risk driver if
they find out you’ve been convicted of a DUI. In this case, you’ll
likely have to provide proof of insurance for three – sometimes
five – years with your state’s department of motor vehicles. Your
insurance company will have to provide the DMV with an SR-22
from, which removes your license suspension by providing the
state with proof of insurance. An SR-22 also means your
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insurance company is required to notify the DMV if it cancels
your insurance for any reason. In addition, your company may
cancel your insurance mid-term or terminate the policy at the end
of the term because you are currently in a preferred class. Your
company will send you a notice stating why you’ve been
cancelled, and then you’ll have to find another insurer while
having a cancellation on your claim history.
Some insurance companies don’t offer SR-22 policies, so
you may also be non-renewed or canceled because your
company can no longer provide what you need. Insurers can
miss DUI convictions and it is possible that your insurance
company will never find out about your conviction, especially if
you do not have to get an SR-22. Rates do not always go up.
You may be surprised to know that when your insurer does find
out about a DUI conviction it doesn’t automatically impose higher
premiums. The insurer will look at your history with the company
and your claims record, and your fate is in their hands.
Commercial Driver License Issues
There are a variety of reasons why a Commercial Drivers
License (CDL) or License with Public Passenger Endorsement
could be suspended or disqualified. One reason would be for
operating a motor vehicle under the influence whether it is the
commercial vehicle or your personal vehicle. Once a driver has
been disqualified they are prohibited from operating a
commercial motor vehicle. Tickets or convictions from out of
state also hold reciprocity in the state of Connecticut. They will
be reported to the Department of Motor Vehicles and then
transferred to your Connecticut Drivers License.
If one of these offenses occurs in conjunction with driving
a vehicle that is transporting hazardous materials, the minimum
It does not matter that you are operating your ownpersonal vehicle and it is not a commercial vehicle at the
time you are arrested.
For a Commercial Drivers License, 0.04 is consideredover the legal limit.
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disqualification will be for three years. If convicted twice for either
driving under the influence or refusal or failure of a BAC test, the
result would be a lifetime disqualification of your Commercial
Driver License. A first offense of using a commercial vehicle
while under the influence of a controlled substance will also
result in a lifetime disqualification.
Disqualification will result from a conviction of any one (1) of
the following:
♦ Operation under the influence of alcohol.
♦ Refusal to take a blood, breath or urine test.
♦ Failure of a blood, breath or urine test (0.04 or greater).
♦ Evading the police.
♦ Use of a commercial vehicle in conjunction with a felony
conviction.
If an additional violation occurs following the completion of
a driver retraining class, it is possible that the class may have to
TO REGISTER FOR DRIVER RETRAINING CLASSESThe National Safety Council
1-800-210-6407Driving School Association of America
1-800-804-6051
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be repeated. These classes are under the discretion of the
retraining associations and are not held at the DMV. If the class
is not completed by the effective date of suspension, a
restoration fee in the amount of $125 must be paid by check or
money order payable to DMV and mailed to:
State of ConnecticutDepartment of Motor Vehicles
Driver Services Division60 State Street
Wethersfield, CT 06161-2525(Include the license number and name with payment.)
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THE CRIMINAL PROCESSCHAPTER 10
Perhaps the most challenging aspect of a DUI charge is
dealing with the stress associated with it. There are several
stressful factors that will affect the defendant, the most difficult of
which is the frightening experience of the arrest itself. It is very
common to have nightmares about the ordeal and to find oneself
thinking about it during daily activity as well. Many people notice
changes in many aspects of their lives including diet, difficulties
in completing daily activities, weight loss and sleepless nights.
These are common occurrences and those who are handling
DUI charges should understand that they are not alone and their
problems are not
unique. Most people
who are charged with
the offense of driving
under the influence are
just common everyday
people. They have
never had a brush with
the law. They are not regular customers with the legal system,
especially the criminal legal system, and should understand that
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the stress they are going through is very normal although
overwhelming at many times.
Another difficulty that may arise and cause stress is the
waiting period. In the majority of cases, your attorney can do
nothing to speed up the waiting process because the control lies
with the clerk of the court, judges, and the prosecutor and they
will move at their pace depending on the amount of cases that
are ahead of your own. If a case is delayed a few months, you
should not be worried because it must wait its turn in the regular
rotation of cases. The average waiting period for a case is two
or three months, but in very rare instances, the case could run
over a year.
There are times where your attorney may also delay your
case, which is referred to as a continuance. These are
intentionally extended by your attorney to provide
accommodation for your case so that your chances of winning
the case will be improved. Try not to stress during the waiting
period. Your attorney is doing what is in your best interest and
you must trust his/her decisions. Trust in your attorney and in
that their decisions are in your best interests is essential to a
healthy attorney-client relationship.
Another large contributor to stress is ambiguity in the legal
system. The system is very complicated, but the following
flowchart (See Figure G) explains the normal processes.
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Figure G
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After your arrest, the police will issue you a summons to
appear in court. You may be required to post a bond to be
released. The police may also release you on a written promise
to appear. Both will inform you of the date of your mandatory
court appearance. Failing to appear in court may result in the
State charging you with the crime of Failure to Appear. Even the
lowest charge of Failure to Appear carries the potential penalty
of one year in jail and/or a $2000 fine. Initially, your case will
appear on the “regular” docket. This is the docket to which all
new cases are assigned. A case will likely be maintained on the
regular docket for the first few court appearances and in certain
situations, your case can be resolved while on this docket. Some
courts allow the attorney to appear on your behalf, while others
require the appearance of the client.
Failure to be in court can result in forfeiture of your bond
and a warrant being issued for you for the crime of Failure to
Appear. Over the next few court appearances, the prosecution
and your defense lawyer discuss the merits of your defenses,
however these discussions are conducted in private. One of the
main reasons for this practice is that any information, when
discussed in private, cannot be used in the prosecution of the
case. If the discussions were conducted in open court, there
would be witnesses who could be called to testify about the
case. It serves your benefit to allow this to happen.
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If the discussions with the prosecutor and your attorney
do not yield a satisfactory disposition, the matter will be set down
for a judicial pretrial. Most courts have a judge who controls the
criminal docket. This judge is called the “presiding judge.” This
judge will sit as the final arbiter of the matter before it is
determined that the case cannot be resolved without a trial.
After a judicial pretrial, the Court will make an offer to resolve the
case after hearing from the prosecution and the defense lawyer.
The sides often propose different disposition possibilities and the
judge listens to both sides to see what is a reasonable
disposition given the legal and factual claims both sides make.
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If you, your attorney and the State agree on a disposition
of the case you may be required to do a number of different
things. Some of these things involve paying a fine, completing
alcohol counseling or complying with probation. If you plead
guilty to a crime, which may be punishable by some period of jail
time, the judge must
ask you a series of
questions to determine
if you are knowingly
and voluntarily pleading
to the charges. The
judge must also agree
to give you the disposition that you agreed upon, and even if the
judge does not approve, the judge must allow you to withdraw
your plea.
There are 3 ways to plead or be found guilty. The first
way is a “straight” guilty plea. A straight plea means you agree
with the allegations, and that the state is saying you committed a
crime and you are agreeing you are guilty. The second way you
can plead guilty is under the Alford Doctrine. The Alford Doctrine
means that you do not agree with some, or all of the facts that
the state claims happened, however, in light of what you know
the state has to prove, you wish to plead guilty and accept a
definite disposition rather than risk going to trial and losing, and
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being sentenced to a greater penalty. The final way to plead
guilty is to plead “nolo contendere.” “Nolo contendere” is Latin
for “No Contest.” This means that you are not contesting the
charges and not putting up any defenses to the charge. The
judge, after hearing the charges, will find you guilty, and
sentence you. A “nolo contendere” plea is often used in
situations where you may be sued by another person, perhaps a
person with whom you were involved with in an accident,
because this type of plea cannot be used against you in a civil
case like a guilty plea could.
If the case cannot be resolved without a trial, both
attorneys are then given an opportunity to file motions. Motions,
simply put, are "requests" that are made of the court to grant
some type of “relief.” This “relief” is usually asking that some
part of the State’s evidence be
excluded from trial when the
case goes to court. Attorneys
may seek to exclude a breath
or blood test result, field
evaluations or a custodial
statement made by you after
your detention, but before the
Miranda advisement (i.e. “You
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have the right to an attorney; you have the right to remain silent,”
etc).
In addition, your attorney will make a motion for the
prosecutor to send him or her the “discovery” in your case.
Discovery is a generic term that relates to production of evidence
that the state intends to present against you in court. An
example of “discovery” is a list of the State’s witnesses against
you, plus information on how to locate them. Obtaining
discovery allows your attorney to be as fully prepared as
possible when we enter court so that there won’t be surprises.
One of the key aspects of discovery may be a videotape of your
arrest, either at the scene, in the station or both. Most
prosecutors’ offices in Connecticut follow an “open file” policy
from the beginning of the case which allows your attorney to
view the police report (some will allow a copy, while others only
allow notes to be taken).
Your attorney will then be given oral argument of these
motions, which is an important step as it sometimes allows your
attorney to attack various aspects of the State's case prior to
trial. The elimination of harmful evidence is the primary purpose
and goal of “motions.” There will be no jury involved at the
motions hearing, but rather, at a typical motions hearing the
judge, your attorney, the prosecutor, the State's witness (the
arresting officer) and yourself would be present. The judge will
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hear motions and argument from both sides, then grant or deny
the motions, however most judges refuse to hear motions until
the day of trial. This practice is not as desirable for you for many
reasons, the two most important of which is that it limits your
attorney’s time to obtain a transcript of important testimony of the
State’s witnesses (commonly used for “impeachment”), and your
attorney will have to prepare for both motions and trial, thereby
costing a larger attorney fee.
Following the motions hearing is the trial, which can be
either a jury trial (a 6-person jury is used in misdemeanor cases)
or a bench trial (heard only by the judge). If the case is set down
for a trial, there will be a day when you and your attorney will be
summoned to begin “jury selection” or “voir dire.” In Connecticut,
our Constitution allows for your defense attorney to question
each independent potential juror about their knowledge of the
case, the witnesses and there general outlook on life. During
this phase, your attorney tries to find the best possible
candidates to sit on a jury and side with you. At the same time,
the state attorney is looking to find the best possible jurors who
will convict you. Depending on the exact charges against you,
your lawyer and the state will each have a certain number of
“challenges” which allows them to get rid of a potential juror
without having a reason. If your attorney or the State attorney
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tries to exclude a particular gender or race, however, the judge
can stop them if the other side points it out.
Unlike on TV and in the movies, in Connecticut there are
not long opening statements. In fact, unless there are unusual
circumstances and a judge has approved them, there will be no
opening statement in your case. The prosecutor will call the first
witness for the state, which is usually the police officer. After the
state has asked questions of the first witness, your defense
lawyer will be allowed to “cross examine” the witness and this
continues until the state has no more witnesses to call.
According to the federal and state constitution, the
defense does not a burden to introduce any evidence. If the
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defense chooses not to do so, the sides would then make their
closing arguments. However most of the time, the defense will
call witnesses of their own, at which point the defense attorney
will ask questions, and the prosecution will have a chance to
cross-examine. After the defense has finished, the State then
has a chance to bring in witnesses if they can rebut the evidence
of the defense witnesses. If they do not call any, the case
proceeds with closing arguments.
During closing arguments, both sides try to convince the
jury to either find you guilty or not guilty (depending on the
attorney). After closing arguments, the Judge will instruct the jury
on the law of the case, and how it is to be applied. Once that is
done, the jury is sent to the jury room to deliberate. They elect a
foreperson, and discuss the case until the have reached a
unanimous verdict, which means that all of the jurors must be in
agreement on the verdict. Once a decision has been made, the
jury sends a note to the judge in order tell the court that they
have come to a decision.
If they cannot agree, the judge may tell them deliberate
again, however if they decide that an unanimous decision cannot
be found, the judge declares a mistrial. If the jury can agree, the
judge then brings the jury into the courtroom and the clerk of the
court asks the foreperson what the verdict is. If the jury finds you
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“not guilty” then the case is over. If the jury finds that you are
guilty, the case will then continue on to sentencing phase.
When appearing for sentencing, which may happen the
same day if the case is a misdemeanor, the judge may sentence
you to the maximum period of jail time allowable for the crime.
Oftentimes prior to sentencing, the judge will order the Probation
department to conduct a pre-sentence investigation and report,
which serves to provide the judge with a better understanding of
whom you are as a person. The probation department may
suggest a certain way for the judge to structure the sentence or
certain things to include (community service, counseling),
however the judge ultimately decides the sentence.
If you are convicted, you are permitted to an appeal, but
you must hire a lawyer to represent you for this new phase,
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which unfortunately is normally a separate fee from you trial fee
for your trial lawyer. Many times people simply hire the trial
lawyer for the appeal because he or she already has knowledge
of the case and has conducted research on the exact issues that
will be appealed. The appeal only deals with legal issues, not
factual issues, so it is not a retrial. Your lawyer then will review
the court transcript to find questionable issues, such as the
inclusion of improper evidence by the state or incorrect
instruction on the law to the jury by the judge. The appeal is filed
within a few months and then the State is given time to file a brief
in opposition. The case is then argued in front of a panel of 3
judges in Hartford, in which witnesses are not presented and a
time limit is instituted for both sides. After the case is argued, the
judges release a written decision, which either affirms the guilty
verdict, or reverses the decision and a retrial begins. In rare
circumstances, the reversal will complete the case and there will
not be a retrial. If the original decision is affirmed however, your
lawyer may appeal for review by the Supreme Court
How to Dress for Court
Going to court is a formal occasion and the members of
the bench (judges) and bar (attorneys) take their role very
seriously. Many of them chose this profession after careful
reflection and years of study. There are specific rules concerning
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behavior, the procedure, and even what can be said, and even
though these rules only apply in the courtroom, the manner in
which you proceed and follow these rules greatly affects your
case. First impressions and the way in which you carry yourself
are very important, and instead of wearing whatever you feel like
(your work clothes, casual clothes, etc.) to court, ask yourself
who the judge would take most seriously. To gain the respect of
the Court, you should dress professionally, as if you were
attending a job interview, so that you may provide the best first
impression possible.
By establishing a sense of professionalism with your
dress, you are also establishing credibility. Men should wear a
suit and tie or a sport coat and tie. Women should wear a
business suit or a conservative dress. If you do not have this
type of clothing, make sure that your clothes are neat and clean.
Dress like a professional, avoiding loud colors, costume jewelry,
or anything else that is flashy and that will draw attention. Do not
wear items that identify your personal association with a group,
whether it be a college pin, religious jewelry or political buttons,
for these items can inspire prejudice in the minds of the judge or
jury. Men should be clean-shaven and should get a hair cut if
needed and women should avoid loud hairstyles and keep their
makeup to a minimum.
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How to Conduct Yourself in Court
Rude behavior is not tolerated in court, so simply be
respectful and do not argue. Politeness is also a sign of
professionalism, so do not get overtly excited and avoid
interruptions. Patience is particularly important as well. You may
have to be in the courtroom all morning and then return in the
afternoon. You are free to leave the courtroom whenever you
need to, but tell an officer of the court that you are leaving.
Officers of the court include your attorney, or public defender, the
bailiff or the court clerk. If your case is called and you have not
told someone you were leaving, the judge can issue a warrant
for your immediate arrest.
Cell phones, laptop computers, handheld stereos, CD
players and other similar items can not be used in court. Sit and
wait patiently while paying attention to how other people interact
with the judge. Do not read a newspaper or book while in court,
for this is disrespectful. Finally and most importantly, make sure
to get enough rest the night before a court date. While it is a
quiet place, you should ensure that you never fall asleep in court.
If you do, it is likely that you will be escorted out the Marshal and
forced to come back on another date, forcing you to lose yet
another day of work.
Before entering the court, you should double check your
clothing and appearance as well as review reports, records, and
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any personal notes. Any other material that could be deemed as
evidence should be reviewed to make sure it is intact and
organized when bringing it into court. If you have any concerns,
including those about testifying or have information that your
attorney should know, it should be disclosed prior to entering the
courtroom. The case should be reviewed by both you and your
attorney and remember to disclose any “skeletons in your closet”
to prevent your attorney from being surprised in court.
Reviewing the case prior to entering court will also help to
refresh your memory. Be early when arriving to court or at the
least, BE ON TIME! If you miss your case, you will have to
reschedule and will end up missing another day of work, or you
may be arrested for Failure to Appear, another misdemeanor.
The way that you act while in court will help to develop
your credibility, either positively or negatively. To prevent from
developing negative credibility, avoid being perceived as cocky,
argumentative, defensive, immature, or uninterested. Do not
carry any items in your pockets that could make noise or that
could distract you during court. You will be evaluated by how
you act in the courtroom, so avoid negative body language such
as folding your arms, crossing your legs or chewing gum. Simply
sit silently and do not slouch and when speaking, do so slowly
and clearly. Listen when you are being addressed so that
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questions do not have to be repeated and always address the
judge as “Your Honor”.
Courthouses and Clerks’ offices are open Monday –
Friday from 9am until 5pm, but are closed for lunch between 1
and 2 p.m. Offices and courthouses are closed only on legal
holidays which include the following days:
New Year’s Day
Martin Luther King Day
Lincoln’s Birthday
Washington’s Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
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LICENSE SUSPENSIONSCHAPTER 11
One of the biggest challenges in the criminal justice
system in Connecticut is restoring your privilege to drive. As
mentioned earlier, driving is a privilege in Connecticut, and not a
right. A right is a freedom protected by the Constitution
examples of which include the freedom to associate and the
freedom of religion. A privilege is a certain ability that is granted
by the government to a person, an example of which is the ability
to hold certain types of professional licenses (doctors or
lawyers).
As a result of a DUI
conviction or a conviction for
another motor vehicle violation,
many citizens have dealt with the
hassle of being without a driver’s
license for quite some time, only to
find that the process for getting a
license restored is much more
difficult than expected. Although
each case is different, license suspensions fall into 2 categories,
DUI related and non-DUI related. A DUI related suspension
comes as the result of a single or multiple conviction for driving
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under the influence. Many people are under the false impression
that the Judge at the courthouse controls the suspension,
however this is not true. Instead, the DMV enforces suspensions
based on NUMBER of convictions and not necessarily by the
same standard as the Court. For example, a person who is
treated as a First Offender at court but is technically a Second
Offender by DMV standards or number of prior offenses, will
suffer the suspension period of the Second Offender, even
though the judge treated the person as a First Offender.
Depending on the level of DUI a person is facing this length of
suspension (See Figure A for further detail):
First:1 year
Second:3 years
Third:Permanent
Figure H
A Non DUI related suspension comes as a result of 3
possible occurrences:
1) A person may have forgotten or ignored a ticket that
was issued. If so, a person’s license may be
suspended pursuant to Connecticut General Statute
14-140 which requires the DMV to suspend the license
until the ticket has been either paid or returned to the
docket. If you have to “reopen” a ticket closed out
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under 14-140, you need to pay a fee of $60 at the
clerk’s office responsible for the ticket and send notice
of that to the DMV to get your privilege restored.
2) A person’s license may be suspended for
accumulating too many “points” Points can be
assessed for a number of infractions, and the DMV will
notify a person that they must attend a driver retraining
program. Sometimes, a series of infractions can take
a person from a low point total to above the limit with
the person realizing this. There is no warning before a
“points” suspension.
3) A person who pleads guilty to operating under
suspension or other serious motor vehicle violations
may be suspended pursuant to state law. A list of the
suspendable offenses in Appendix A. If a person
operates while under suspension, the penalty jumps
from a 1 year suspension to a 5 year suspension. The
5 year date runs from conviction date, not from the
date of the offense.
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Out of State Convictions
The Connecticut DMV learns of a conviction in another
state through The National Driver Register. The NDR is a
central repository of information on individuals whose privilege to
drive has been revoked, suspended, canceled or denied or who
have been convicted of serious traffic-related offenses. All 50
States have access to this information.
Also, 48 states belong either to an agreement called the
"Driver's License Compact" or the "Non-Resident ViolatorCompact." The only states that don't belong to one or the other
are Michigan and Wisconsin. When you get a ticket outside of
your home state, the Department of Motor Vehicles will relay the
information to your home state and impact your driving record as
if the ticket had been there. Many people find this especially
difficult because had the arrest been
in Connecticut, it may have been
possible to avoid a conviction
altogether by using the Alcohol
Education program and now that
individual will not benefit from the
program. (The Connecticut Appellate
Court has found that there is no
violation of the law in imposing the 1
year suspension.)
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Work Permits
Because of the basic need for driving, the Connecticut
DMV has passed certain regulations for persons who have had
their license suspended as a result of a DUI arrest and motor
vehicle suspension or criminal conviction suspension. The rules
for work permits are very strict, and also follow an arithmetic
approach. Unless you qualify perfectly, you will not be given a
work permit. Also, you only get one work permit in your life, so it
is important for your lawyer to fight the DMV hearing and try to
get your license suspension overturned so that you have not
utilized your only permit. Despite the immediate need for a work
permit, the DMV will sometimes make a person wait weeks or
months before issuing it. They can deny the permit outright if a
person has several notations on their driving history for moving
violations and in cases in which a breath test is refused, the
DMV usually makes a person wait 3 months before issuing it.
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BOATING UNDER THE INFLUENCECHAPTER 12
On October 1,
2003, Connecticut began
to criminally prosecute
persons who operate
watercraft while under
the influence of alcohol,
drugs or a combination
of both. Recreational
boaters now need to be aware of the legal limits, and what they
can do to minimize the impact on their lives a Boating Under the
Influence (BUI) charge can have.
Connecticut General Statutes
Sec. 15-133. Rules for safe operation. Operationof vessel while under the influence of liquor or drugs.Penalties. Records of conviction. (a) The rules prescribed by
this section shall apply on all state and federal waters.
(b) No person shall use a vessel in a manner that
unreasonably or unnecessarily interferes with free and proper
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navigation. Anchoring under a bridge, in a narrow channel or in a
congested water not designated as an anchorage area is such
interference, except in case of emergency.
(c) No person shall alter, deface or remove any
capacity information label affixed to any vessel.
(d) No person shall operate a vessel: (1) While under
the influence of intoxicating liquor or any drug, or both, or (2)
while such person has an elevated blood alcohol content. For the
purposes of this section and sections 15-140l and 15-140n,
"elevated blood alcohol content" means: (A) A ratio of alcohol in
the blood of such person that is eight-hundredths of one per cent
or more of alcohol, by weight, or (B) if such person is under
twenty-one years of age, a ratio of alcohol in the blood of such
person that is two-hundredths of one per cent or more of alcohol,
by weight. For purposes of this section and sections 15-140l, 15-
140n, 15-140o and 15-140q, "operate" means that the vessel is
underway or aground and not moored, anchored or docked.
(e) In any prosecution for a violation of subdivision (1)
of subsection (d) of this section, evidence concerning the amount
of alcohol in the defendant's blood or urine at the time of the
alleged offense, as shown by a chemical analysis of the
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defendant's blood, breath or urine, otherwise admissible under
subsection (a) of section 15-140r, shall be admissible only at the
request of the defendant.
(f) No person shall operate a vessel or engage in any
activity contrary to the regulations adopted by the commissioner.
(g) No person shall moor a vessel to, obstruct,
remove, damage or destroy any navigation aid or any device
used to mark a restricted area.
(h) Any person who violates the provisions of
subsection (d) of this section shall: (1) For conviction of a first
violation, (A) be fined not less than five hundred dollars or more
than one thousand dollars, and (B) be (i) imprisoned not more
than six months, forty-eight consecutive hours of which may not
be suspended or reduced in any manner, or (ii) imprisoned not
more than six months, with the execution of such sentence of
imprisonment suspended entirely and a period of probation
imposed requiring as a condition of such probation that such
person perform one hundred hours of community service, as
defined in section 14-227e, and (C) have such person's safe
boating certificate or certificate of personal watercraft operation,
if any, or right to operate a vessel that requires a safe boating
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certificate for operation suspended for one year; (2) for
conviction of a second violation not later than ten years after a
prior conviction for the same offense, (A) be fined not less than
one thousand dollars or more than four thousand dollars, (B) be
imprisoned not more than two years, one hundred twenty
consecutive days of which may not be suspended or reduced in
any manner, and sentenced to a period of probation requiring as
a condition of such probation that such person perform one
hundred hours of community service, as defined in section 14-
227e, and (C) have such person's safe boating certificate or
certificate of personal watercraft operation, if any, or right to
operate a vessel that requires a safe boating certificate for
operation suspended for three years or until the date of such
person's twenty-first birthday, whichever is longer; and (3) for
conviction of a third and subsequent violation not later than ten
years after a prior conviction for the same offense, (A) be fined
not less than two thousand dollars or more than eight thousand
dollars, (B) be imprisoned not more than three years, one year of
which may not be suspended or reduced in any manner, and
sentenced to a period of probation requiring as a condition of
such probation that such person perform one hundred hours of
community service, as defined in section 14-227e, and (C) have
such person's safe boating certificate or certificate of personal
watercraft operation, if any, or right to operate a vessel that
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requires a safe boating certificate for operation permanently
revoked upon such third offense.
(i) The suspension of a safe boating certificate or
certificate of personal watercraft operation or right to operate a
vessel that requires a safe boating certificate for operation
imposed under subsection (h) of this section shall take effect
immediately upon expiration of any period in which an appeal of
any conviction under subsection (d) of this section may be taken,
provided if an appeal is taken, the suspension shall be stayed
during the pendency of such appeal. If the suspension or
revocation takes effect, the defendant shall return, not later than
the second business day after the suspension or revocation
takes effect, by personal delivery or first class mail, the safe
boating certificate or certificate of personal watercraft operation
issued to the defendant.
(j) Any person who violates the provisions of
subsection (b) of this section shall be fined not more than two
hundred dollars. Any person who violates the provisions of
subsection (c) or (g) of this section shall be fined not less than
one hundred dollars and not more than five hundred dollars. Any
person who violates any of the provisions of subsection (f) of this
section shall have committed an infraction.
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(k) (1) A record shall be kept by the Superior Court
of any conviction relating to the operation of a vessel. A
summary of such record, with a statement of the number of the
operator's safe boating certificate or certificate of personal
watercraft operation shall, not later than five days after such
conviction, forfeiture or any other disposition or nolle, be
transmitted to the commissioner by such court. Each court shall
report each conviction under subsection (d) of this section to the
commissioner. The commissioner shall suspend the safe boating
certificate or certificate of personal watercraft operation of the
person reported as convicted for the period of time required by
subsection (h) of this section.
(2) The safe boating certificate, right to operate a
vessel that requires a safe boating certificate for operation or
certificate of personal watercraft operation of a person found
guilty under subsection (d) of this section who is under eighteen
years of age shall be suspended by the commissioner for the
period of time set forth in subsection (h) of this section, or until
such person attains the age of eighteen years, whichever period
is longer.
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Boating Administrative Penalties
Blood AlcoholContent
FirstOffense
SecondOffense
ThirdOffense
Refusal of Tests 6 Months 1 Year 3 Years
Above 0.02 & Under 21 90 Days 9 Months 2 Years
Above 0.08 & Below 0.16 90 Days 9 Months 2 Years
Above 0.16 120 Days 10 Months 2.5 Years
Figure I
Criminal Penalties
FirstOffense
SecondOffense
ThirdOffense
Fines: $500 - $1000 $1000 - $4000 $2000 - $8000
Jail Time:
6 Months
48 HoursMandatory
or100 Hours ofCommunity
Service
2 Years
120 DaysMandatory
and100 Hours ofCommunity
Service
3 Years
1 YearMandatory
and100 Hours ofCommunity
Service
LicenseLoss:
1 Year 3 Years PermanentRevocation
Figure J
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CONCLUSION
We hope that this book has provided you with a better
understanding of the DUI/DWI process in Connecticut. As you
can see, the myriad of issues of alcohol testing, field testing and
courtroom and DMV evidence all play a very large role in how
your DUI case will get resolved. There are defenses to these
charges, but many lawyers and lay persons fail to adequately
investigate the charges and take a pessimistic outlook from the
very start. Only after looking at all of the information and all of
the possible defenses, can a person make a fully informed
decision as to how to handle their case. Each case is unique,
and a defense for some people may not be available to
everyone. We encourage you to actively participate in your
defense, and consult with an attorney who understands DUI law
and the unique types of evidence arise from DUI cases.
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APPENDIX ACOMMON MOTOR VEHICLE SUSPENSIONS
Statute Number Statute Name FirstConviction
SecondConviction
14-110 FalseStatement
Not less than 1year.
Not less than 5years.
14-111a Possession ofAlcohol in a MotorVehicle by a Minor
Not exceeding60 days.
N/A
14-111b Speeding 4th Conviction:30 Days
5th: 60 Days6th: 6 Months
14-111f Fake ID 2 Months N/A
14-145 Towing MotorVehicle from Private
Property
6 Months 5 Years
14-147b Loan/SellLicense/Registration
90 Days 5 Years
14-147c Improper Use ofLicense or
Registration
30 Days 1 Year
14-213b Failure to MaintainInsurance
30 Days 6 Months
14-215 Operating UnderSuspension
1 Year 5 Years
14-222a Reckless Driving 30 to 90 Days 90+ Days
14-223b Engaging in Pursuit 1+ Years N/A
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14-224a EvadingResponsibility
90 Days 5 Years
14-224c Racing 60 Days 6 Months
53a-119b Operation w/oPermission;
Tampering with MV
1 Year 5 Years
53a-56b Manslaughter withMV
1 Year N/A
53a-60d Assault 2nd with MV 1 Year N/A
Figure K
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APPENDIX BOUR TEAM
Ruane Attorneys at Law10 Middle Street, 11th Floor
Bridgeport, CT 06604
Office: 203.382.0394Fax: 203.334.1591
24 Hour Hotline: 1-800-NOT-DRUNK
www.CTDWI.com
www.ConnecticutCriminalDefense.com
James O’Neill [email protected]
Melissa PintoCase [email protected]
Sean BarrettLegal [email protected]
James J. [email protected]
Krista M. AnromanCase [email protected]
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