Driving While Under the Influence (DUI)

When facing a charge of Driving Under the Influence (DUI) it is important to remember that the statute governing this charge is two-headed. This means that two different penalties are imposed: license suspension and criminal prosecution.

Criminal Prosecution: The Superior Court maintaining jurisdiction over the town in which you were arrested governs the prosecution of your charges. Connecticut General Statutes Section 14-227a imposes the fines and penalties for someone operating a motor vehicle while under the influence of drugs or alcohol. These fines and penalties differ depending upon several factors. Some of these factors include: a. whether you have any prior arrests or convictions for DUI; and b. the length of time between arrests/convictions. Connecticut shares reciprocity with several other states. This means that the state can weigh prior arrests or convictions in another state when determining the current number of arrests/convictions in this state.

There are programs available for persons charged with this offense. Eligibility for same depends on several of the factors listed above. The charges are often dismissed upon successful completion of the programs.

License Suspension: The Department of Motor Vehicles (DMV) administers the terms of license suspension. After you are arrested for DUI, an automatic period of license suspension will take effect which occurs after the mailing of notice of the suspension and expiration of time to request a hearing. The length of suspension depends on several factors. Some of these factors include: a. whether or not you submitted to a breathalyzer and b. the results of the breathalyzer. You have the opportunity to attend an administrative hearing to contest the license suspension. NOTE: Notice of your right to contest the license suspension will be sent to the address on file with DMV. If you have moved and did not notify DMV of your new address, you may not receive notice, but by statute the notice is valid. The time frame in which to defend your rights is limited, so it is imperative that you contact an attorney right away to discuss your options. There are several ways to attack the license suspension so do not assume that contesting it is futile. It is also important to keep in mind that following the disposition of your criminal prosecution, additional periods of license suspension can be imposed depending on the terms of your disposition.

The DMV offers work permits to individuals who qualify for same. As previously noted, the number of prior arrests and/or convictions and the length of time between same will determine eligibility for this permit.

Each case is unique and carries with it many different scenarios on how best to attack same. These charges involve very time sensitive matters. Therefore it is important to check with an experienced DUI lawyer right away to learn what fines and penalties you are facing and the steps to take to combat same.