Felony or Misdemeanor?
In Connecticut you will be charged with DUI if you are caught operating a vehicle with a blood alcohol concentration of 0.08 % or higher. If it is your first or second time, the offense will be tried as a misdemeanor offense. However if some is killed then a second DUI offense will be tried as a felony offense. Connecticut has severe penalties for DUI offenses.
If you are arrested for DUI in Connecticut, the Department of Motor Vehicles will initiate administrative proceedings for license suspension. You cannot apply to a court seeking to stop this administrative action. It is separate from the DUI case which you will have to defend in court. A second offense DUI will result in a license suspension for 9 to 12 months depending on your blood alcohol concentration. You will receive a 9 month suspension if your blood alcohol concentration is above the legal limit but less than 0.16. If your blood alcohol concentration over 0.16, you will receive a 12 month suspension.
Look Back Period
The DUI laws in Connecticut are severe. Generally most states have a look back period of 5 years for DUI offenses. However in Connecticut the look back period for DUI offenses is 10 years. So if you have a prior DUI conviction that was more than 10 years ago, then your DUI offense will be considered as your first DUI offense.
In Connecticut, a conviction for a second offense DUI within 10 years will result in mandatory prison term that can range from 12 0 days to 2 years. You may also be ordered to pay a fine between $1000 and $4000. You may also be ordered to do community sentence. If convicted for a second offense DUI, your driver’s license can be suspended for three years.
Before you enter a plea, you should always consult with an experienced DUI attorney. In Connecticut if you plead guilty to a second offense DUI, you will be sent to jail and you may also have to pay a hefty fine. If you plead not guilty, you will be given a chance to rebut and challenge the evidence against you. If the prosecution cannot prove you are guilty as charged, the charges against you can be dropped. You can also seek a plea bargain. You can plead guilty to the lesser offense of wet reckless or reckless driving involving alcohol. However it will be very difficult for a second time DUI offender to seek a plea bargain.
Talk to an Attorney
If you have been charged with a a DUI in Connecticut, consult with an experienced Connecticut DUI attorney. The potential consequences are life altering, and you want to ensure your rights and best interests are protected.