DUI

Charged with a DUI?

When you are arrested for driving under the influence in Fairfield or New Haven Counties, there are undoubtedly a thousand questions running through your mind. Am I going to jail? How is this going to impact my job? Am I going to lose my license? Am I going to have a criminal record? At The Lebedevitch Law Firm, it is our mission to help put your mind at ease and walk you through the process of a DUI arrest. Experienced Fairfield DUI defense attorney Stephen Lebedevitch knows that this is an experience that you are unfamiliar with, and he wants to use his knowledge and experience to help you get some peace of mind.

At The Lebedevitch Law Firm, we have successfully represented individuals who have been arrested when openly admitting that they have consumed alcohol, have an open container in their vehicle, or have been involved in serious motor vehicle accidents. Stephen fights when other lawyers believe that the case is a lost cause.

The DUI Process In Connecticut

When you are arrested in Connecticut for a DUI there are two separate and distinct proceedings that you will be facing. The first is the criminal case. Here you will face the allegations that you were operating a motor vehicle with an elevated blood alcohol content (“bac”). When you hire our DUI defense attorney, he will work tirelessly to go over every detail of your case to find every possible defense. He will use his reputation and experience in the courthouse that your matter is proceeding to obtain the desired outcome.

The second proceeding is the DMV per se proceeding, where you face a driver's license suspension for the alleged DUI. At the DMV there are many “technicalities” that can lead to you retaining your license. Our DUI defense attorney knows what to look for when reviewing the police report in your matter, and what to argue at these hearings. When other lawyers have questions for these hearings, they contact Stephen for answers. He knows that without a license you can not get to work, take care of your children, and lose your sense of freedom. He will do everything in his power to keep your license from being suspended.

Criminal Penalties for Connecticut DUI

There are very serious penalties in the state of Connecticut when it comes to driving under the influence. The criminal penalties are:

• First Offense DUI – Up to six months of incarceration with a 48 hour (2 day) mandatory minimum period of incarceration, a $500-$1000 fine, and a period of probation. OR
  – Up to six months of incarceration with 100 hours of community service in lieu of the mandatory jail time, a $500-$1000 fine, and a period of probation.
• Second Offense DUI – Up to two years of incarceration with a mandatory minimum period of 120 consecutive days of incarceration, a $1000-$4000 fine, and a period of probation with 100 hours of community service.
• Third and Subsequent Offenses – Up to three years of incarceration with a mandatory minimum period of incarceration of one year, a $2000-$8000 fine, and probation with 100 hours of community service.

DMV Suspension for DUI in Connecticut

The DMV will suspend your license when you are arrested for a DUI in Connecticut. The length of your suspension will depend on whether you performed a chemical alcohol test. There are also statutory mandated suspension periods if you are found guilty of DUI. The length of the DMV suspensions are as follows:

If You Took the Chemical Test

• First Offense DUI – 45 days of no driving, then 6 months with the IID (Ignition Interlock Device).
• Second Offense DUI – 45 days of no driving, then 1 year with the IID.
• Third and Subsequent Offenses – 45 days of no driving, then 2 years with the IID.

If You Refused the Chemical Test

• First Offense DUI – 45 days of no driving, then 1 year with the IID.
• Second Offense DUI – 45 days of no driving, then 2 years with the IID.
• Third and Subsequent Offenses – 45 days of no driving, then 3 years with the IID.

If Found Guilty of DUI

• First Offense DUI – 1 year with the IID.
• Second Offense DUI – 3 years with the IID. During the first year you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.
• Third and Subsequent Offenses – Permanent revocation of driver's license. You must wait at least two years from the date of revocation to request a hearing for reconsideration

The Impaired Driver Intervention Program (Connecticut Diversion Program for DUI)

The state of Connecticut has various diversionary programs which allow first time offenders the opportunity to have the cases against them dismissed if they complete the requirements issued to them by the court. The Impaired Driver Intervention Program (IDIP), previously called the Alcohol Education Program, is the mechanism an individual can use to have a first arrest for a DUI dismissed.

The process for entry into the program is the following:

• During your court appearance, you will submit an application to the Court, stating the following:
  • You have been charged with a violation of Connecticut General Statues §14-227a, 14-227m, 14-227n, 15-133(d), or 15-140n;
  • You have not previously used this program, the previous alcohol education program, or a similar program in any other state in the previous ten (10) years;
  • That you understand you are giving up your right to a speedy trial and tolling the statute of limitation. Meaning, that you are giving the State more time to prosecute you if you are unsuccessful with the program;
  • That you will be required to complete a series of classes or treatment if you are granted entry into the program;
  • The Court can order you to attend a Mother Against Drunk Driving Victim Impact Panel (VIP); and
  • If you successfully complete the program the charges against you will be dismissed.
• Application to the program costs two hundred and fifty dollars ($250).
• After application to the program you will do an evaluation through Connecticut Support Services Division (CSSD) to determine the level of treatment required to earn the dismissal.
• There are two levels of care: The first is twelve (12) alcohol education classes, which costs four hundred dollars ($400), and the second, more intense level of care, is substance abuse treatment, which costs one hundred dollars ($100) due to the Court, and the remainder of the fee is paid directly to the program.
• If you successfully complete the requirements of the program, and any conditions that the Court places on your entry into the program, the case will be dismissed one (1) year after you are granted entry.

The above process is completed in one court appearance. If you are determined to be eligible for the program, the bail commissioner will contact you, and inform you the level of care you are required to complete. You will then be required to make payment to the clerk for the level of care you were granted.

If there is an accident or alleged victim in your case, there will be an additional court appearance to allow for notice of application the program to those person/persons. Connecticut mandates that all alleged victims be notified of application to a diversionary program, and have the right to be heard regarding your application.

IDIP is a privilege and not a guarantee. It takes a skilled lawyer to ensure that you are granted this program and receive a dismissal of your case. Our experienced DUI defense attorney knows what the prosecutors and the judges are looking for when they grant this program. He will put you in the best possible position to have your case dismissed.