New Canaan DUI Arrests Lawyer
The top New Canaan Connecticut DUI / DWI criminal law firms know that a DUI / DWI arrest in New Canaan under C.G.S. § 14-227a must be fought in both Norwalk Superior Court and the Connecticut Department of Motor Vehicles in Bridgeport Connecticut. Depending on whether you are a first time DUI / DWI offender, or a second time or repeat DUI / DWI offender, you will face either misdemeanor or felony charges that can carry years of jail time, probation and fines. Additionally, you risk up to a lifetime suspension of your Connecticut driver’s license, making it even more critical to challenge your suspension at a Connecticut DMV “per se” suspension appeal hearing. So if you’ve been arrested in New Canaan Connecticut for DWI / DUI / drunk driving, contact a top New Canaan Connecticut DUI / DWI criminal law firm before going to court.
Field Sobriety Tests During a New Canaan Connecticut DUI / DWI Arrest
If a New Canaan Police Department officer suspects you of drunk driving / DWI, they will instruct you to get out of the car and request that you perform 3 of the Standardized Field Sobriety Tests (also called the “SFSTs”). These are the “Walk-and-Turn” test, the “One-Legged Stand” test, and the Horizontal Gaze Nystagmus Test.
Understand that you have the right to refuse these tests; however, in some cases, such refusal can increase your likelihood of getting arrested for DUI / DWI in New Canaan Connecticut. Don’t be intimidated by the police—even if they are pressuring you to take the SFSTs. Remember they MUST have probable cause to arrest you for DUI / DWI / drunk driving in New Canaan Connecticut, and if they don’t have SFST results, then you may in fact be helping your case, especially if you are facing the possibility of an arrest in New Canaan Connecticut as a second time or third time DUI offender in New Canaan. Finally, if you do decide to take the field tests, then you should immediately notify the New Canaan Police officer of any medical conditions or vision issues that you may suffer from that could affect your ability to perform the SFSTs, such as knee surgery, dizziness, or arthritis. (And make sure they notate your disclosure in their police reports!)
Should I Take the Breath Test Following a New Canaan DUI / DWI Arrest?
Time and again, many of the best New Canaan Connecticut DUI / DWI / OUI criminal lawyers are routinely asked by clients whether they should take the breath test during a DUI / DWI arrest in New Canaan Connecticut. Once you’re arrested, the New Canaan Police Department will take you to the station and give you the option of taking a breath test. Your decision should not be made lightly.
Beginning July 1, 2015, anyone arrested in New Canaan Connecticut for DUI / DWI—even first time and repeat offenders—is required to install an Ignition Interlock Device (and “IID”) in their car. This law even applies to first time offenders who did not plead guilty to DUI / DWI and are just accused of drunk driving. The new IID laws (explained in greater detail here on our website) mandate that anyone who fails a breath, blood or urine test in New Canaan Connecticut must have their license suspended for 45 days, followed by a 6 month IID installation requirement. If you refuse the breath / blood / urine test, then the IID installation requirement increases extends to a full year for first time offenders. In limited circumstances, the best New Canaan Connecticut DUI / DWI / OUI criminal attorneys can advise you on how to qualify for a work permit for your New Canaan Connecticut DUI / DWI arrest.
Talk to a Top New Canaan Criminal Lawyer Before Taking the Breath Test
The decision to take or refuse the breath test must be considered carefully, and on a case-by-case basis. Your attorney will weigh factors such as your prior DUI / DWI record, the severity of the New Canaan DUI / DWI traffic stop (or car accident), including injuries and property damage (if any), as well as your suspected level of intoxication. The law in Connecticut allows you to speak privately with a lawyer so be sure to call any of the best New Canaan Connecticut DUI / DWI criminal lawyers or attorneys before making your decision—even if it’s the middle of the night. Don’t call a New Canaan divorce lawyer or personal injury attorney who may lack experience with DUI / DWI arrests. And remember that you’re entitled to a reasonable amount of time to reach a top criminal law firm in New Canaan Connecticut so if you don’t get through on the first call, politely insist on the right to call another attorney during your New Canaan Connecticut DUI / DWI arrest.
What Happens at My First New Canaan Court Date for a DUI / DWI Arrest?
As many of the top criminal lawyers and attorneys in New Canaan Connecticut know, all New Canaan Connecticut DUI / DWI arrests under CGS 14-227a must report to Norwalk Superior Court, located at 17 Belden Avenue, Norwalk Connecticut. That’s because there are no criminal courthouses in the Town of New Canaan.
Your first court date for your New Canaan Connecticut DUI / DWI / OUI arrest is called your “arraignment.” It’s an appearance before a Superior Court judge who may order additional conditions of release on you, depending on the circumstances and allegations of your New Canaan arrest for DUI / DWI. Such conditions can include mandatory AA meetings, mandatory “AIC” compliance (click here to learn what AIC is), installation of an Ignition Interlock Device (IID) in your car, drug and alcohol counseling, random urine testing, or random breath testing. Your top New Canaan Connecticut criminal lawyer attorney can always push back and argue against these conditions so be sure to have a top New Canaan criminal lawyer standing by your side at your first court date.
Strategies for First Time Offender DUI / DWI Arrests in New Canaan Connecticut
Many of the best New Canaan Connecticut DUI / DWI lawyers would agree that there are typically 3 options for fighting a first time offender DUI / DWI arrest in New Canaan Connecticut: (1) contest your New Canaan DUI / DWI charge and go to trial, (2) plead guilty, surrender your Connecticut driver’s license and face possible jail time, or (3) leapfrog the prosecutor and go directly to the judge with a motion to suspend your prosecution. Option 3, if the motion is granted by the judge, then permits you to attend a basic Alcohol Education Program, resulting in the complete dismissal and expungement of your case from your record.
What’s the Best Defense Option for My New Canaan DUI / DWI Defense?
Each of these defense strategies has its pros and cons but, in consideration of your job, family, and financial resources, you may be inclined to select the third option and elect to apply for Connecticut’s Pre-Trial Alcohol Education Program (referred to as the “AEP” in court). As the top New Canaan Connecticut criminal law firms know, this one-year Connecticut program requires attendance at 10 or 15 weekly alcohol education classes (or if your lawyer can get you special permission, you can do all the classes in one weekend at a special out-of-state program). Once successfully completed, and if you don’t pick up any new arrests, then you can get your first time offender DUI / DWI arrest in New Canaan Connecticut completely dismissed and expunged.
Can I Automatically Get the Alcohol Education Program for a New Canaan DUI?
No, it’s not automatic. Unfortunately, as the best New Canaan Connecticut criminal law firms know, getting accepted into the New Canaan Connecticut Alcohol Education Program is not always easy — especially if the prosecution objects to your application due to a high Breath Alcohol Content (“BAC”) reading on your breath test, serious physical injuries or property damage caused by your DUI accident, a previous out-of-state DUI / DWI, or a previous New York State DUI / DWI arrest that was reduced to a DWAI (Driving While Ability Impaired) charge. So if you are a first time New Canaan Connecticut DUI / DWI offender who is considering applying for the Alcohol Education Program, then contact a top Connecticut DUI / DWI criminal law firm to help you prepare the strongest possible AEP application package. First time DUI / DWI offenders in New Canaan Connecticut are only afforded a single opportunity to apply, so put your best foot forward and follow this link to learn more about pre-trial DUI / DWI offender programs in New Canaan Connecticut.
Risks for Second & Repeat DUI / DWI Offenders in New Canaan Connecticut
Far more serious than a first time DUI / DWI arrest in New Canaan Connecticut under C.G.S. 14-227a is a second or repeat offender arrest. Essentially, Connecticut criminal law applies a 3 strikes law for repeat DUI / DWI offenders. After your second DUI / DWI arrest in New Canaan, you will face a misdemeanor conviction, the suspension of your Connecticut driver’s license for one year, as well as probation and possible jail time. After your third Connecticut DUI / DWI arrest in New Canaan Connecticut (often putting you at risk of a second time conviction if you used the Alcohol Education Program for your first arrest), it gets much worse. Prosecutors will seek a felony conviction, which can include up to 2 years in jail (120 days of which are mandatory minimum jail time), and a 3 year suspension of your Connecticut driver’s license. The possibility of home confinement for a New Canaan DUI / DWI conviction exists, but it’s never guaranteed, not even by the best Connecticut criminal defense DUI / DWI lawyers. Third time DUI / DWI offenders in Connecticut face 1 year of mandatory jail time.
Repeat DUI / DWI Offender in New Canaan? Try to Get a First Time Offender Plea Deal
If you are facing a second time or repeat offender DUI / DWI arrest in New Canaan Connecticut, then you should immediately call one of Connecticut’s top DUI / DWI / OUI criminal law firms to help you decide whether to take your case to trial or negotiate a plea that may result in the reduction of your New Canaan DUI / DWI charge and the avoidance of jail time. There are certain cases where—at their sole and hopefully reasonable discretion—prosecutors may elect to reduce a second or third time offender case to a first time offender case, thereby allowing you to avoid a felony conviction and the possibility of mandatory jail time. Getting a repeat offender arrest reduced to a first time offender deal is a big win in many DUI cases—otherwise, going to trial may your next best option.
Fighting Your New Canaan Connecticut DUI / DWI / OUI Arrest under 14-227a
Fighting your New Canaan Connecticut DUI / DWI arrest takes experience, expertise, and a deep understanding of the Connecticut criminal court process. It is never advisable to hire a lawyer or law firm that primarily handles divorces or real estate closings to defend you against a DUI / DWI arrest in New Canaan Connecticut. Instead, have a top Connecticut DUI / DWI criminal attorney analyze your police reports, witness statements, and forensic evidence, including third party surveillance recordings. Then consider filing motions at your initial court date to preserve evidence so that police don’t erase exculpatory electronic and digital evidence — including 911 audio recordings and police dashboard, bodycam, and booking cam footage — which may contradict false allegations made against you in police reports. In addition, many of the best New Canaan Connecticut criminal lawyers know how to scrutinize and challenge the administration of your Miranda rights.
Removing Your New Canaan Connecticut DUI / DWI Arrest Off the Internet
The best New Canaan Connecticut criminal lawyers and attorneys have recently seen the New Canaan Police Department go to great lengths to release your New Canaan DUI / DWI arrest report and mug shot (including your name and address) to local online media websites such as the New Canaan Advertiser, the New Canaanite, the Patch, and the New Canaan Daily Voice, causing irreparable damage to your personal and professional reputations. These companies generate much of their advertising revenue from their police blotter / arrest report pages because they are some of the sites’ most frequently visited pages. As a result, your online arrest report will climb to the first pages of internet search engines like Google and Yahoo, making it easier for your New Canaan DUI / DWI arrest to be found on the internet.
The Mark Sherman Law Firm’s Internet Scrubbing Practice
By leveraging our knowledge of Connecticut criminal law and internet libel and slander law, the Mark Sherman Law Firm has developed a cutting-edge, first-of-its-kind in Connecticut internet scrubbing practice, where we work to remove our clients’ online arrest reports off the internet. We will also aggressively go after search engines such as Google and Yahoo to try and erase all internet search engine footprints of your New Canaan DUI / DWI arrest reports. The process often involves lengthy negotiations and legal arguments, but when your online reputation is successfully cleansed after a DUI / DWI arrest in New Canaan Connecticut, the time and expense is justified. (A note of caution: think twice before contacting these websites on your own—instead of removing the story of your arrest, these websites will often update it, giving your New Canaan arrest report increased visibility online and a refreshed presence on search engine results of your name).
Marijuana & Prescription Drug DUI / DWI Arrests in New Canaan Connecticut
Many top New Canaan Connecticut criminal law firms are seeing an increase in DUI / DWI arrests for marijuana and prescription drugs. Should the New Canaan Police conclude that your driving is impaired while you’re under the influence of prescription drugs — even if it’s a legal prescription — you may be arrested for DUI / DWI in New Canaan under Connecticut General Statute 14-227a. Having your doctor’s permission to drive while on prescription medication is not a defense and will not get you out of a New Canaan DUI / DWI arrest. The determination as to whether you are too impaired to drive is left to the sole discretion of the New Canaan Police Department officer conducting your traffic stop. They will first administer the Standardized Field Sobriety Tests (SFSTs). If there is probable cause to arrest you at that point (usually decided after they try to get you to admit you recently smoked or ingested marijuana or prescription drugs), then they will arrest you and ask you to take a breath or urine test. Remember, you have the right to remain silent, so don’t admit to taking prescription drugs or marijuana to police during a New Canaan DUI / DWI traffic stop. And for more about hiring a New Canaan Connecticut criminal lawyer for a Marijuana DUIs / DWIs in New Canaan, click here.
Contact a New Canaan Connecticut DUI / DWI Lawyer at Mark Sherman Law
A DUI / DWI arrest in New Canaan Connecticut requires proper legal assistance to achieve the best possible result based on the specifics of your case. If you’re arrested for DUI / DWI in New Canaan, then there are a few things that must be done immediately: requesting an appeal hearing for driver’s license suspension, filing evidence preservation motions in Norwalk Superior Court, and quickly requesting and reviewing your arrest reports from the New Canaan Police Department. The Mark Sherman Law Firm team of New Canaan DUI / DWI lawyers will provide you with a thorough, honest assessment of the strengths and weaknesses of your DUI / DWI case. We are prepared to help you through this challenging process at fair and competitive rates. Check out our online Avvo-certified reviews — and then call a New Canaan DUI / DWI lawyer at Mark Sherman Law today. We are available 24/7 at (203) 358-4700.