What Police Need Before Making a DUI Arrest in Connecticut
Many people call me after they’ve been arrested for a DUI in Connecticut, and they’re confused about why the police didn’t administer a breathalyzer right on the side of the road after getting pulled over and questioned if they were drinking. The reality is that law enforcement in Connecticut do not administer breathalyzer or chemical tests until after a DUI arrest has been made. This is not only legal, but it is the norm.
Police can and will arrest you for a DUI without a breath test, without field sobriety tests, and certainly without proving your guilt.
Here is what officers actually look for and need to establish before making a DUI arrest in Connecticut.
The Legal Standard: Probable Cause
Before arresting someone for a DUI, police must have probable cause, which is a reasonable belief, based on observable facts that:
You were operating a motor vehicle
You were under the influence at the time of operation
Probable cause is a much lower standard that what is required for a conviction of that crime in court. This is merely the standard necessary for the police to file charges and make you go to court and have the state prove the charges.
In order to establish probable cause, the police actually do not need any of these:
Breath test results
Exact blood alcohol concentration
Failed field sobriety tests
Proof beyond a reasonable doubt
A decision to arrest is based on a particular officer’s observations and judgment on the scene, whether you’ve been pulled over or were involved in a car accident.
Common Factors Used to Establish Probable Cause
Officers are trained to look for certain “indicators” of impairment. Generally, the officer collects these factors to determine if the totality of the circumstances indicate driving while intoxicated:
Driving behavior
failing to maintain proper lane
crossing the road lines
speeding
driving too slow
accidents
Physical observations
odor of alcohol
bloodshot or glassy eyes
slurred speech
stumbling
stumbling or poor balance
trouble answering questions
difficulty providing requested documents (license, registration, insurance)
Statements made
admission to drinking, even if it was “just one drink” or drinking much earlier in the day
inconsistent responses
admission to coming from a bar or party
Statements made to police, often the admission of drinking even just one drink, is enough to justify an arrest, even made innocently or made to try and prevent arrest.
Field Sobriety Tests
Field sobriety tests are used by law enforcement to evaluate impairment, but they are voluntary. If these tests are refused, the officer will generally label it as a “refusal” on the report, if there is an arrest. This is true, even if you have mobility issues or physical limitations.
These tests were created to try and provide reliability and objectively in the process, but often and unfortunately, have the opposite impact. Many people have balance issues, physical limitations, and medical problems that could very likely cause them to fail the field sobriety tests, whether they are intoxicated or not. The tests include:
Horizontal gaze nystagmus (eye test)
Walk-and-turn
One-leg stand
Important to note:
these tests are subjective
they are captured on the officer’s body worn camera
nervousness, fatigue, injury, and even weather can affect performance on these tests
Refusing a field sobriety test does not automatically prevent an arrest. An officer may still make an arrest if there are enough other signs of impairment, like an odor of alcohol, admission to drinking, etc.
Drug-Related DUI Arrests
DUI charges in Connecticut are not limited to alcohol. Police may also arrest you for a DUI if you are suspected to be under the influence of prescription medications, marijuana, or illegal drugs.
These cases rely heavily on subjective observations from the officer, finding of paraphernalia or drugs, admissions to doing drugs, and other factors like vertical gaze nystagmus (eye test).
What to Remember
Police officers only need to establish probable cause for your arrest, not actual proof to arrest you for a DUI.
No test result, whether it be the breathalyzer, urine, or blood, are required before making an arrest.
Field sobriety testing is voluntary. Chemical tests can also be refused, however, there is implied consent laws that allow for the DMV to penalize you for not taking one, and the refusal can be used in criminal court as evidence against you.
A DUI arrest does not equal a conviction and having an attorney that is knowledgable about DUI laws in Connecticut can help evaluate the evidence, understand your side of the story, advocate for you, and fully explain your options to you.
