DWI Law question ( Google Answers: Simple Connecticut DWI Law question Log in | Google Answers Home View Question Ask a Question Q: Simple Connecticut DWI Law question ( No Answer, 0 Comments ) Question Subject: Simple Connecticut DWI Law question Category: Relationships and Society > Law Asked by: bdcz2-ga List Price: $2.00 Posted: 10 Jun 2005 17:19 PDT Expires: 21 Jun 2005 11:44 PDT Question ID: 532035 I am looking to know the details regarding Connecticut's law ondriving under the influence. I have been told that if you are pulledover, and agree to take a field sobreity test, you are permitted torequest the presence of a witness. The alleged trick is that thewitness can take a long time to arrive and hopefully by this time,your BAC will be under the legal limit.1.) is there any truth in this2.) What are your options with regard to DWI law?3.) What can the officer do to you? ie. take you to the station after x hours... etc Request for Question Clarification by cynthia-ga on 10 Jun 2005 20:29 PDT Read this whole page, although I have teo excerpts for you below.These are from this DUI attorney:Contact me at: Ronald F Stevens 351 Main StreetNiantic, CT 06357PH 860-739-6906Fax 860-739-2997Home Page: http://www.duict.com/index.htm The 20 Most Frequently Asked DUI/DWI Questions http://www.duict.com/20_FAQ_dui.htm ..."3. Do I have a right to an attorney when I'm stopped by an officer andasked to take a field sobriety test?No. You do not have a right to counsel until you are formally placedunder arrest. By this time most DUI arrestees have already said -- anddone -- too much. In most cases, the officer has already decided toarrest you before asking you to perform the usual roadside tests. Ineffect, by asking you to perform these tests he is simply seekingadditional evidence against you because these tests are designed, andscored, to make the subject "fail." The most prudent course of actionis to request a lawyer immediately upon being stopped. Ask the officerto note the time of your request on his or her report. Producerequested documents (driver’s license, proof of insurance andregistration) and say -- and do -- nothing more.5. What should I do if I'm asked to take field sobriety tests?There are a wide range of field sobriety tests (FSTs), including thehorizontal gaze nystagmus (eye twitch) test; the walk-and-turn; theone-leg-stand; heel-to-toe, finger-to-nose, one-leg stand, alphabetrecitation, modified position of attention, fingers-to-thumb, handpat, etc. Most officers will use a set battery of three to six suchtests.Unlike the chemical test, where refusal to submit may have seriousadministrative and criminal consequences, you are not legally requiredto take any FSTs.As noted earlier, the reality is that officers have usually made uptheir minds to arrest when they give the FSTs; the tests are simplyadditional evidence, which the suspect inevitable "fails." Thus, inmost cases a polite refusal may be appropriate...."Also at that site is this:Connecticut DUI Survival Guide http://www.duict.com/CT_dui_survival_guide.htm Let me know if this information is helpful.~~Cynthia Clarification of Question by bdcz2-ga on 10 Jun 2005 22:13 PDT What I'm really trying to determine is if there is any way toeffectively "stall" a BAC test, whether it be administered in thefield or not. Is it possible to consent to the test but at the sametime request a witness of your choosing be present....The purpose ofcourse would be to allow time for my BAC to come down.thanks Request for Question Clarification by cynthia-ga on 10 Jun 2005 23:34 PDT I don't have proof, and I hope someone comes along and provides it for you. Consider this:If you're not allowed an attorney to be present, I can't imagine a copwould allow you to postpone a BAC or FST while waiting for a friend toarrive. You don't even have the right to have an attorney present, letalone a friend. It seems to me that answer is that you can politelyrefuse the test, show ID, and answer NO questions --or take the BAC orFST. No postponing.As a DUI lawyer, what would YOU do if you were stopped for DUI? 1. Immediately request an attorney -- Ask officer to note time of my request. 2. Refuse to answer ANY questions (Other than name and address). 3. Produce requested documents ... be polite even if the officer isn’t. 4. Refuse ALL field sobriety tests. 5. Refuse a breath/blood/urine test (Unless I was sure I was underthe legal limit).Note this attorney does not say "call a friend to witness theBAC/FST." By refusing a BAC test, particularly when you are likely tohave a high reading, you deprive the state of potentially compellingevidence against you.11. The officer took my license and served me with a notice ofsuspension after the breath test. How can he do that if I'm presumedinnocent?Agreed, it is blatantly unfair. But Connecticut’s "ImpliedConsent/Admin Per Se" statute provides for immediate suspension andconfiscation of the license if the breath test result is above thelegal limit.Also note, this search string has 24 results:DWI OR DUI Connecticut BAC postpone OR delay witness http://www.google.com/search?hl=en&lr=&c2coff=1&client=ig&q=DWI+OR+DUI+Connecticut+BAC+postpone+witness+&btnG=Search Sorry it's not the news you want. Hopefully someone else will pick upwhere I leave off.~~Cynthia Answer Log in to add an answer There is no answer at this time. Comments Log in to add a comment There are no comments at this time. Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. 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DUI / DWI, Drinking 
