Welcome to Legal Help
Home Connecticut DUI Laws Drunk Driving Defenses in Connecticut

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Drunk Driving Defenses in Connecticut

There a several defenses to a charge of DUI.  They can be organized into a number of groups.  The type of defense is to challenge the traffic stop or arrest which led to the DUI charge.  Many times defense counsel will make motions to set aside evidence or the arrest on the grounds that there was not sufficient reasonable suspicion for a stop, or that there was not sufficient probable cause for the arrest of the driver.

Another defense to drunk driving is to challenge one of the elements of DUI.  In order to convict a driver of a DUI charge, the prosecutor must show that the driver was operating a motor vehicle and either had a blood alcohol content above the legal limit or was impaired by the alcohol to a sufficient degree.  When challenging the contention that the driver was not operating a vehicle, the defendant’s attorney will likely point to evidence that the vehicle was parked with its engine off, or that the defendant was found outside the vehicle.

The prosecutor will often introduce blood alcohol test results into evidence in order to prove that the defendant was driving with a blood alcohol content above the legal limit.  These test results will often be in the form of breathalyzer results.  A way to challenge these results it to argue that the law enforcement officer was not sufficiently trained in administering the test.  This challenge may require the officer to provide his certification in administering the test, as well as any recertification.  A second way to challenge these results is to argue that the test results fail one or more of the tests for admissibility imposed by statute.  Thirdly, the defendant may argue that the tests were not reliable due to improper maintenance of the testing device.

In order to prove a charge of driving while under the influence of intoxicating liquor the prosecutor must show that the defendant’s ability to drive was sufficiently impaired by the alcohol he ingested.  The prosecutor may provide evidence that the defendant was driving erratically and may have crossed the center line.   The defense attorney may challenge this by introducing evidence that the erratic driving was caused by something other than alcohol.  However, if the defendant is found to be under the influence of intoxicating liquor, the fact that his judgment was further impaired by another cause is not a defense.

In some cases the prosecutor may introduce testimony concerning the defendant’s failure to complete a series of field sobriety tests successfully.  The results of these tests are admissible as indirect evidence of intoxication.  To counter this evidence, first the defense attorney may argue that the tests were not properly given.  Second, the defense attorney may argue that the defendant failed the tests for a reason other than intoxication.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!