Arrested For Operating Under The Influence Of Alcohol Or Drugs? There Is Hope.
Attorney Pamala J. Favreau can help you navigate the legal consequences that begin upon your arrest for operating under the influence and those that result if you are convicted.
You may be eligible for participation in the “Impaired Driver Education Program.” If the application for this court-sponsored diversionary program is granted, the case file is sealed from the public and the matter is continued without a finding for one year. If the conditions of the diversionary program are completed, the case is dismissed after one year avoiding a conviction for DUI.
Conviction for a second offense after participation in the program results in the imposition of a six-month jail sentence, of which 48 hours in jail is a mandatory minimum sentence, unless community service is imposed by the court in lieu of the community service. The penalty for a second offense includes a mandatory 120-day jail sentence which cannot be suspended or reduced by the court. The penalty for a third offense includes a mandatory minimum jail sentence of one year. Community service can not be imposed in lieu of the mandatory jail time for subsequent offenses.
The Department of Motor Vehicles acts independently of the court. DMV will schedule a “per se” hearing upon notification of your arrest for DUI even if you are not convicted of the crime. The alcohol-related arrest triggers the “per se” suspension of your right to drive in Connecticut which can only be restored after a mandatory “per se” suspension by participation in an Interlock Ignition Device Program offered by DMV.
The Legal Process Is Complicated
Even if you are granted the Impaired Driver Intervention program DMV will hold an administrative hearing to determine (1) whether there was probable cause to stop your vehicle, (2) whether you were operating the motor vehicle (3) whether you were placed under arrest for DUI, and (4) whether or not you submitted to blood alcohol testing that resulted in a blood alcohol level of .08 percent or greater for persons over 21 years of age and .02 percent or greater for those under 21 years of age or whether you refused testing.
An alcohol-related license suspension remains on your motor vehicle record for 10 years even if you are found not guilty of the alcohol-related arrest. It is important to watch your mail carefully, pick up a copy of your A-44 documents (police report and motor vehicle record), and get them reviewed by counsel to see if you may avoid the “per se” suspension.
Remember the DMV suspension is an administrative action taken by the State of Connecticut in addition to the prosecution for the DUI charges in court.
Dedicated Defense Attorney For DUI Charges
Don’t go it alone! The resolution of a DUI case has a number of moving parts. Your best bet is to proceed with the assistance of an experienced criminal defense lawyer like attorney Favreau. Call 860-634-1767 for a free phone consultation. Attorney Favreau has handled hundreds of operating under the influence cases throughout her career. You can also get in touch using this email form.