Every state has laws that prohibit Driving Under the Influence (DUI). In most states, you can be charged with DUI if your blood alcohol content (BAC) is .08% or higher, or if you are under the influence of alcohol or drugs to an extent that you cannot safely operate a motor vehicle.
In Connecticut, a first-offense DUI is a misdemeanor, punishable by up to six months in jail with a mandatory two-day minimum period of incarceration and a fine of $500 to $1,000, or up to six months of incarceration with 100 hours of community service in lieu of mandatory jail time, a fine of $500 to $1,000, and a probation period.
A DUI charge may be your first brush with the law and you may be wondering, “what happens after you get a DUI?” Understandably, you may be scared and uncertain of what to expect. An experienced DUI defense attorney can protect your rights, answer your questions, and help you navigate the process.
To initiate a traffic stop, the police must have reasonable suspicion to believe you violated a law. During their initial interactions, the police officer will be evaluating you for signs of intoxication. If the officer believes you are under the influence of alcohol or drugs, they may ask you to submit to a roadside breathalyzer test and to perform field sobriety tests. If the police have probable cause to believe you are under the influence of drugs or alcohol, they will arrest you and take you to the police station.
At the police station, officers will take down your personal information, search and confiscate your belongings, and take your fingerprints and photograph. They will also enter your name in a database to check if there are any outstanding warrants for your arrest. Finally, they will place you in a holding cell where they will observe and hold you until your initial court appearance or until you post bail. In most cases, you will not be permitted to drive yourself home and will need to arrange for a ride.
What happens after you get a DUI can also impact your license. After a DUI charge, you will be subject to two distinct processes. These include the DMV administrative per se driver’s license suspension, and the criminal legal process:
The DMV imposes a mandatory 24-hour driver’s license suspension immediately after your arrest. You have seven days in which to challenge the DMV administrative per se hearing for failing or refusing the BAC test. Failure to request an administrative per se hearing will result in the automatic suspension of your driver’s license 30 days after your arrest date.
For a first-time DUI charge, you face a 45-day mandatory driver’s license suspension during which time you are prohibited from driving. After the 45-day administrative per se driver’s license suspension, you can seek limited driving privileges with an Ignition Interlock Device (IID)
If you request a DMV administrative per se hearing, your case will be assigned to a Hearing Officer who is authorized to evaluate the following:
A skilled DUI defense attorney can address these questions in an effort to preserve your driving privileges. For a first-time DUI charge, you can also request a limited permit to drive to and from school or work.
In addition to the DMV administrative license suspension process, you also face criminal charges for Driving Under the Influence (DUI). Your case will be assigned to a criminal court docket. You will need to appear in court for your initial appearance, and the judge will ask how you plead. If you enter a Not Guilty plea, your case will be scheduled for a pre-trial hearing and eventually a trial date. If you plead Guilty, your case will be scheduled for sentencing.
If you plead Not Guilty, your attorney can request and review the state’s evidence, which may include dashcam footage, breathalyzer calibration logs, and notes from the police officer. You may consider negotiating a plea bargain, or taking your case to trial.
For a first-time DUI charge, you may be eligible for the Impaired Driver Intervention Program (IDIP). This diversion program allows people charged with a first-time DUI to avoid a DUI conviction and have their case dismissed and record erased by paying an application fee and attending a minimum of 12 alcohol education classes. Your attorney can explain to the judge why you should be allowed to participate in the program, and the judge will decide whether to grant your application.
After a DUI arrest, you may face serious penalties. In most cases, a first-time DUI charge is a misdemeanor, punishable by:
Penalties are more severe for a second, third, or subsequent offense, and in cases of extenuating circumstances such as a high BAC, a minor in the vehicle, a minor driver, or an accident that injured someone else.
If you have concerns about what happens after you get a DUI, it’s crucial to have a skilled attorney by your side. Hiring an attorney as soon as possible after a Connecticut DUI charge is one of the most important steps you can take to protect your rights and your future. Connecticut DUI defense attorney Stephen Lebedevitch can analyze your situation, explain your options, and safeguard your rights.
The Lebedevitch Law Firm is located in Fairfield, Connecticut, and represents people charged with DUI in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut. Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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