DUI Defense

The attorneys at REMBISH & LaSARACINA, LLC understand that facing charges for Operating Under the Influence (better known as Driving Under the Influence, DUI) can be a painful and embarrassing experience, both for you and your family. The process and procedure of every DUI case is a multi-facet and overwhelming experience for clients. Therefore, R&L Law attorneys work hard to provide competent legal advice while being sympathetic to the clients’ need for disposing of the case as quickly and discreetly as possible.

Every DUI case in Connecticut, involves a two stage process consisting of the following: 1) criminal prosecution at Superior Court and 2) an administrative per se hearing at the Department of Motor Vehicles (DMV). Although both of these stem from a DUI charge, these are separate and distinct processes and should not be treated the same by an attorney. The purpose of the Superior Court case is to prosecute the DUI charges which may involve criminal punishment, whereas the per se hearing at the DMV will determine the length of your license suspension.

In Connecticut, you are legally intoxicated if your blood alcohol content (BAC) is .08 or above. If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher. Under Connecticut’s Implied Consent Law, any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine BAC. If you are arrested for a DUI, you will be asked to submit to a BAC test.  The police officer has the ability to administer a breathalyzer test, or in the alternative ask you to provide a urine or blood sample. If you refuse, your license will be automatically suspended.  If any of these tests register a BAC of .08 or higher, you will be charged with a DUI based on the presumption that you were operating under the influence of alcohol or drugs.

Under Connecticut’s criminal law, if you are arrested for a DUI, you will receive a summons which will indicate the court date and amount of bond. If the court proceedings results in a conviction, the court may impose the following penalties:

 

License Suspension for DUI Convictions After 1/1/12 Incarceration for DUI Convictions After 1/1/12 Probation/Fines for DUI Convictions After 1/1/12
First Conviction 45 days license suspension 1 year IID mandatory for license restoration 6 months execution suspended after 48 hours in jail OR 100 hours of  community services 0 to 2 years probation

$500 to $1,000 fine

Second Conviction 45 days license suspension or until 21st birthday, whichever is longer. 3 years IID mandatory for license restoration 2 years execution suspended after 120 days in jail 0 to 5 years probation with 100 hours of community service $1,000 to $4,000 fine
Third or Subsequent Conviction Permanent revocation May reapply after 6 years and if approved must drive with IID for 10 years 3 years execution suspended after 1 year in jail Undetermined period of probation with 100 hours of community service $2,000 to $8,000 fine

 

If you are convicted for a DUI in Connecticut, you will need to apply and maintain the IID (Interlocutory Ignition Device) in your motor vehicle for the time period as designated above. The application process is both complicated and costly, but necessary in order to obtain restoration of your driving privileges. The application is available on the DMV’s website and includes a $100 non-refundable fee in the form of money order or check payable to the DMV. Additionally, a $175 restoration fee needs to be mailed to the DMV with your application. Once the application is approved, it must be taken to one of six vendors, which have locations all over Connecticut, and will install the IID system in the motor vehicle of your choice. The DMV will then verify that the IID was installed in that particular car that was listed on the application and will mail a restoration notice. Anyone found to be tampering or altering the IID, may be further prosecuted by law.

 

IID application and list of vendors may be found on the DMV’s website at:

 

http://www.ct.gov/dmv/cwp/view.asp?a=813&q=309844&dmvPNavCtr=%7C52628%7C52630%7C#52648

 

In addition, under Connecticut’s administrative sanctions, if you are arrested for a DUI, the DMV is required to give you a per se administrative hearing. At the hearing, you are permitted to challenge one of the following issues:

 

(1)   Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both or while his ability to operate such motor vehicle was impaired by the consumption of intoxicating liquor;

(2)   Was such person placed under arrest;

(3)   Did such person refuse to submit to such test; test commenced within two hours of time of operation and results indicated and elevated blood alcohol level; and

(4)   Was such person operating the motor vehicle.

 

If you win the hearing, your driving privileges will be restored. If you lose the hearing, your license will be suspended based on your blood alcohol level:

 

For drivers 21 years  of age or older Refusal to submit to a blood, breath or urine test Test results range from 0.08 to 0.15 Test results 0.16 or higher
First offense 6 months 90 days 120 days
Second offense 1 year 9 months 10 months
Third offense 3 years 2 years 2.5 years

 

For drivers 18 to 20 years  of age  Refusal to submit to a blood, breath or urine test Test results range from 0.02 to 0.15 Test results 0.16 or higher
First offense 1 year 6 months 240 days
Second offense 2 years 18 months 20 months
Third offense 6 years 4 years 5 years

 

For drivers 16 to 17 years  of age Refusal to submit to a blood, breath or urine test Test results range from 0.02 to 0.15 Test results 0.16 or higher
First offense 18 months 1 year 1 year
Second offense 3 years 2 years 30 months
Third offense 6 years 4 years 5 years

Although a license suspension is imposed, if your license is suspended as a first time offender by the DMV, you may be eligible to apply for a permit to allow you to operate a motor vehicle for the limited purpose of commuting to work or school. Such application is made to the DMV with a non-refundable $100 fee in the form of a money order or check payable to the DMV. The applications are available at the DMV’s website as listed below.

 

Application for special permit to operate a motor vehicle to and from work:

 

http://www.ct.gov/dmv/lib/dmv/a-62rev407.pdf

 

Application for special permit to operate a motor vehicle for higher education:

 

http://www.ct.gov/dmv/lib/dmv/20/29/p225.pdf

 

Don’t forget! Every DUI case is different and complex because it involves a labyrinth of facts and details that make the case distinct from another. Do not try to navigate this maze on your own. If you are looking for competent legal advice and cost-effective legal advice, call R&L Law for your FREE CONSULATATIONtoday.