Milford DUI Enforcement
In connection with a DUI, there are two ways a person can be charged with the crime of driving under the influence in Milford. The first is a statutory DUI when someone has blood alcohol content (BAC) above 0.08. In connection with that, the state needs to show that the individual was operating a motor vehicle while their blood alcohol content was above 0.08.
The second way that the state can seek to charge a DUI is what is called common law DUI. With a common law DUI, they do not necessarily need a breath test but instead that the individual was operating a motor vehicle while under the influence of some intoxicating substance and was not operating the motor vehicle with the common characteristics of a sober person. This frequently arises in connection with drug DUIs. If someone is under the influence of marijuana, PCP, or some other narcotic, they are not going to have blood alcohol content of above 0.08, but it does mean that they cannot be convicted of driving under the influence. The state’s attorney would charge the situation under the second subsection of the DUI statute, commonly referred to as the Common Law DUI. Under the Common Law DUI,
The elements associated with each of the ways a person can be charged with a DUI can vary. Also, whether the state pursues a traditional DUI or a Common Law DUI will depend on the facts and circumstances associated with the individual’s arrest.
How DUI Charges Are Enforced
Milford is just like any other town in Connecticut where the state is actively seeking out DUI enforcement. Whether it is through state funding or federal funding, there are numerous programs that the police departments are using to pursue cracking down on drinking and driving. Even on Milford highways, there are catch phrases on the electronic banners that reference ongoing DUI crackdowns.
There has been significant state and federal funding for programs to enforce DUI enforcement, supported by a number of advocacy groups, such as Mothers Against Drunk Drivers, who have really seen severe consequences to a DUI. It is also something that the politicians have stepped behind and pushed for DUI enforcement because the lobbying of Mothers Against Drunk Drivers. The severe impact of DUI deaths and serious injuries is also something that people take very seriously, including the legislators, law enforcement, prosecutors, and judges. Therefore, a DUI charge, even when there are no injuries and no accident, is something that is taken very seriously and pursued by both police and prosecutors.
In terms of DUI checkpoints, they happen on a regular basis and there are several main areas in Milford where DUI checkpoints are common. These areas are posted and have to be published by the police department in advance of conducting the DUI checkpoints. The locations do not typically occur on the same street; they vary across the city of Milford, depending on where they see a need for such checkpoints.
Nuances and a Lawyer’s Role
A DUI case in Milford is unique from the rest of the state because of the prosecutors and the judges that a person deals with. The basics associated with a DUI, like the paperwork, legal issues, and elements of the crime remain uniform throughout the entire state, but what changes from courthouse to courthouse are the individuals that the defendant deals with in terms of the prosecutors and the judges.
Therefore, having a lawyer in Milford is crucial since they are familiar with the Milford system and can use their experience and routine interaction with these prosecutors and judges to help a person understand from the very beginning what they can expect. Furthermore, a local attorney can use their insight and knowledge of the prosecutor, the judge, and the process that is unique to Milford to work toward a successful outcome in a case.