The consequences of getting behind the wheel when you’ve had too much to drink can be costly. A DUI is a criminal conviction that can alter the course of your life and have a severe impact on your livelihood. Grubaugh Law understands that sometimes people make bad decisions. If you’ve been charged with a Connecticut DUI, defense attorney Josh Grubaugh can help you put your life back on track.
Josh recognizes that the key element to effective advocacy is listening — no two DUI cases or clients are the same. Josh is committed to making sure that your side of the story is heard. As a Major in the U.S. Army Reserves and former active duty JAG, he is a proficient communicator, assertive litigator and unrelenting advocate for each of his clients.
With over eight years spent as an active duty JAG, Josh gained valuable experience on both the prosecution and defense sides of the law. Having litigated DUI cases, Josh is a steadfast and seasoned advocate dedicated to protecting the rights of those accused of drug or alcohol offenses. He represents both veterans and civilians for DUIs across Connecticut. He is also available to represent those on active duty in every branch of the military as private counsel for court-martial defense.
In Connecticut, the blood alcohol content (BAC) limit is .08% for those over 21 years old. For individuals aged 21 or younger, the BAC limit is .02%. Since these limits are “per se” under the law, the prosecutor does not need to present any other evidence to convict you other than showing you were driving with a BAC over the legal limit. Depending on the circumstances surrounding the DUI, it can be charged as a misdemeanor or felony.
To be clear, an individual may be found guilty of a DUI even without evidence their BAC exceeded these limits. But if these BAC limits are exceeded at the time an individual operates a motor vehicle, there is sufficient evidence of one’s guilt.
The criminal penalties for driving with drugs or too much alcohol in your system are serious. Sometimes also referred to as an OUI (Operating Under the Influence), the severity of your sentence can depend on how many convictions you’ve had previously. Sentencing is at the judge's discretion, based on the facts of your case and your history. A conviction can result in the following:
If your BAC was elevated, you could face additional penalties and longer license suspension. Harsher penalties are also imposed if you drive under the influence with children in the car, or if another person is killed or injured in a DUI related crash.
A DUI arrest in itself can have severe consequences — regardless of a conviction in court. Once an officer makes a DUI arrest, the arrest report is sent to the DMV. The report will indicate whether you failed or refused the test to measure your BAC.
Under Connecticut’s “implied consent” law, a driver consents to BAC chemical testing by operating a vehicle. If you failed the chemical test, or refused it, the DMV will impose a license suspension of forty-five days. You have seven days to request an administrative hearing from the DMV.
The DMV requires that an interlock ignition device be installed in your vehicle after the license suspension has ended to reinstate your license. If you've had three DUI convictions within ten years, the DMV can revoke your license permanently.
Fighting a DUI charge in court can be complex. It’s essential to have an experienced attorney who will put in the time and effort necessary to defend your case. DUI defenses are not the same for every situation. Josh understands that the facts surrounding every DUI case are different. He will take the time to listen to your story and evaluate the evidence against you. Josh will develop a specific defense strategy based on your specific circumstances to protect your legal rights.
Josh is skilled at assessing cases to determine the best way to fight the charges. Strategies for DUI cases can include challenging the chemical test's admissibility, demonstrating that the officer did not follow proper procedure, or asserting a lack of probable cause. A case can also be challenged by attempting to suppress the evidence. For example, if the officer wasn’t certified to administer the breathalyzer or if it wasn’t calibrated properly, the results may not be admissible.
If the court won’t dismiss your case, getting the charges or the sentence reduced is still possible. Entering into a plea bargain offered by the prosecution can sometimes result in a better outcome than going to trial, depending on the charges that stand against you.
Connecticut provides for a Pretrial Alcohol Education Program where some eligible offenders charged with DUI may successfully complete an alcohol intervention or substance abuse treatment program, as appropriate, and have the DUI charges dismissed.
Josh is committed to representing veterans who have served in all branches of the U.S. military who have been charged with Connecticut DUIs/OUIs. In some cases, a veteran may be eligible to participate in a diversionary program. Upon completion of the program, the DUI charges would be dismissed. If you’re a veteran facing DUI charges, Josh will review the facts of your case to determine the best course of action and discuss your legal rights and options with you.
Connecticut DUIs can affect every aspect of your life, livelihood, and result in a criminal record. If you’ve been charged with a DUI, Josh Grubaugh will make sure your rights are protected. For a free consultation about how he can help, contact Grubaugh Law.