Driving under the influence (DUI), sometimes known as driving while intoxicated (DWI), is a crime in every state. It is the act of operating a vehicle after having consumed enough drugs or alcohol to alter your mental state and diminish your driving capabilities and reaction times. It is dangerous for everyone involved, from the driver committing the crime to any passengers in the vehicle, and even innocent people driving around them. In Connecticut, any drunk driving is taken very seriously and penalties for a second DUI are even more stringent, and often entail jail time. To understand your state laws and ensure that your rights are protected, contact a Hartford County DUI attorney.
Will I Go to Jail For a Second DUI?
In Connecticut, it is considered a second offense if your second DUI arrest takes place within 10 years of your first DUI arrest. For example, if your second arrest occurs 15 years after your first DUI, a court may consider and treat it as a first-time offense. With that being said, the penalties for a second DUI in Connecticut include:
- Fines ranging from $1,000 to $4,000
- Jail time ranging from 120 days up to 2 years
- 100 hours of mandatory community service
- Probation
- License suspension
- If the arrest was made in Connecticut, the suspension will be 1 year followed by 2 years of allowed driving with a restricted license and an IID (ignition interlock device).
- If the arrest was made outside of Connecticut, the suspension will be 3 years.
- If you are under 21 years of age the suspension will be 3 years or the length of time until you turn 21, whichever is longer.
Keep in mind that these are minimums or generalizations of second-offense penalties. After a second DUI in Connecticut, you will surely be sentenced to a minimum of 120 days in jail, but actual sentencing and rulings may vary depending on the specific circumstances of your case.
What Are My Defense Options?
The consequences of a second DUI charge in Connecticut can be severe. As stated there is a minimum sentencing of 120 days which typically cannot be reduced or dismissed by the judge. However, some defenses can be utilized with the help of a skilled and experienced attorney.
You may be able to challenge the evidence involved in the case. Consider whether or not the authorities followed proper procedure and investigate the accuracy of any sobriety tests, breathalyzers, and blood tests.
If it applies to your case, your lawyer can look into whether or not there was probable cause for the police to pull you over. If not, you may be able to render any evidence obtained after you were stopped inadmissible.
Your lawyer could potentially argue that you did not intend to drive while intoxicated.
You may also choose to negotiate a plea bargain which may lessen the penalties against you.
Whatever defense you choose will be unique to your circumstances. Work with an attorney to find the best course of action for your specific case.
