If I am arrested for DUI, will my license be automatically suspended?
Yes, if you fail the breath alcohol test or refuse to take it, you will automatically lose your license for 45 days and you cannot get it reinstated until you make arrangements to install and maintain an Ignition Interlock Device in the car you own or drive.
During the automatic 45 day suspension period can I obtain a Special Operator's Permit to drive to school or work?
Yes, if you take the chemical alcohol test. But if you refuse to take this test you can't get a special operator's permit until your license has been suspended for at least 90 days.
Do I have to take the breath alcohol test?
No, you can refuse to take the breath alcohol test, but the motor vehicle sanctions are more severe than if you take the test and fail. In addition to not being eligible for a work permit for at least 90 days, the length of time that an IID is require is one year, as opposed to 6 months if you take the test and fail.
What happens if I drive while my license is suspended for a DUI related suspension and get caught by the police?
You will be arrested for Driving Under Suspension, and because the suspension is for an alcohol related offense you will face a mandatory 30 day, non-suspendable, non-reducible sentence. Obviously, the penalty for driving under suspension for an alcohol related offense is so harsh that you simply cannot afford to drive during this time.
Do I face a possible fine or jail time if this is my first DUI arrest?
Not necessarily. If this is your first DUI arrest, you may be eligible for a court sponsored diversionary program, the AEP (Alcohol Education Program) which gives you the opportunity to avoid a conviction, and could result in the dismissal of all charges and the erasure of the DUI arrest from your record. In other words, you have the chance to avoid a conviction and keep your record clean.
Do I need an attorney to defend me?
You must understand that DUI is a criminal offense, not a mere motor vehicle violation, and if you are convicted you will have a criminal record. That being said, if there is no accident and no aggravating factors in your case, you may be able to apply for the Alcohol Education Program on your own, but we recommend that you consult with an experienced criminal defense attorney to help you figure this out. If you have used the Alcohol Education Program within the past ten (10) years, or have been convicted of DUI in this State or any other State, there is a definite exposure to jail and you should consult with and probably hire an attorney.
Will I have a criminal record?
If you successfully complete the Alcohol Education Program and the DUI charges are dismissed, you will not have a criminal record that might prevent you from getting the job you want. And once your record of arrest is erased, you do not have to disclose the arrest unless you are arrested for DUI a second time and are asked about your prior arrest for DUI in court.
If I complete the Alcohol Education Program and get the charges dismissed, can I ever use this Program again?
Yes, but not for 10 years after you use the program the first time and only if you have no convictions for DUI in the interim period.
If my license is suspended in CT for a DUI arrest, can I go to another state and get an operator's license?
If you fill out the application for the license honestly, it is not likely. Once you disclose the DUI from another state, it is likely that your application will be denied because most States share conviction information with each other in a variety of ways.
DUI IS A CRIMINAL OFFENSE WHICH COULD RESULT IN A CRIMINAL CONVICTION AND YOU NEED TO TAKE IT SERIOUSLY. HIRING A LAWYER IS YOUR CHOICE, BUT IN DOING SO WE RECOMMEND THAT YOU CONSULT WITH AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO HANDLES DUI CASES.
WE ARE EXPERIENCED CRIMINAL DEFENSE LAWYERS WHO REGULARLY HANDLE DUI CASES AND OUR INITIAL CONSULTATION IS FREE.
CALL US NOW AT (203) 932-2222 FOR YOUR FREE CONSULTATION.
Nothing in the above answers should be construed as legal advice. The facts of every case are different and without knowing the facts of your case we would not give you any specific legal advice, and some of the above answers might be different too.