I am looking to know the details regarding Connecticut's law on
driving under the influence. I have been told that if you are pulled
over, and agree to take a field sobreity test, you are permitted to
request the presence of a witness. The alleged trick is that the
witness 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 this
2.) 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

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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 Street
Niantic, CT  06357

PH 860-739-6906
Fax 860-739-2997

Home 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 and
asked to take a field sobriety test?

No. You do not have a right to counsel until you are formally placed
under arrest. By this time most DUI arrestees have already said -- and
done -- too much. In most cases, the officer has already decided to
arrest you before asking you to perform the usual roadside tests. In
effect, by asking you to perform these tests he is simply seeking
additional evidence against you because these tests are designed, and
scored, to make the subject "fail." The most prudent course of action
is to request a lawyer immediately upon being stopped. Ask the officer
to note the time of your request on his or her report. Produce
requested documents (driver?s license, proof of insurance and
registration) 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 the
horizontal gaze nystagmus (eye twitch) test; the walk-and-turn; the
one-leg-stand; heel-to-toe, finger-to-nose, one-leg stand, alphabet
recitation, modified position of attention, fingers-to-thumb, hand
pat, etc. Most officers will use a set battery of three to six such
tests.

Unlike the chemical test, where refusal to submit may have serious
administrative and criminal consequences, you are not legally required
to take any FSTs.

As noted earlier, the reality is that officers have usually made up
their minds to arrest when they give the FSTs; the tests are simply
additional evidence, which the suspect inevitable "fails."  Thus, in
most 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

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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 to
effectively "stall" a BAC test, whether it be administered in the
field or not. Is it possible to consent to the test but at the same
time request a witness of your choosing be present....The purpose of
course would be to allow time for my BAC to come down.


thanks

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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 cop
would allow you to postpone a BAC or FST while waiting for a friend to
arrive. You don't even have the right to have an attorney present, let
alone a friend. It seems to me that answer is that you can politely
refuse the test, show ID, and answer NO questions --or take the BAC or
FST.  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 under
the legal limit).

Note this attorney does not say "call a friend to witness the
BAC/FST."  By refusing a BAC test, particularly when you are likely to
have a high reading, you deprive the state of potentially compelling
evidence against you.


11. The officer took my license and served me with a notice of
suspension after the breath test. How can he do that if I'm presumed
innocent?

Agreed, it is blatantly unfair. But Connecticut?s "Implied
Consent/Admin Per Se" statute provides for immediate suspension and
confiscation of the license if the breath test result is above the
legal limit.


Also note, this search string has 24 results:

DWI OR DUI Connecticut BAC postpone OR delay witness
://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 up
where I leave off.


~~Cynthia