Introduction
This information is intended to address
common questions about the charge of driving under the influence. This is not an exhaustive review of the subject
and you should contact an attorney to discuss the specific facts of your case.
It is important to understand that an arrest
for driving under the influence in Connecticut results in action in two distinct
forums, the Superior Court and the Department of Motor Vehicles. In the Superior Court, a defendant is prosecuted
for having violated the law. In the
Department of Motor Vehicles, an operator's permit may be suspended administratively
for failing or refusing to submit to a chemical alcohol test. Although the action in each forum is based
on the same set of facts, each forum acts independently of the other.
DMV
Administrative
hearing
Before a DMV suspension is effective you
are entitled to a hearing which is conducted before the Commissioner of Motor
Vehicles. The hearing is administrative
in nature, and it may occur at a branch office of the DMV or at a municipal
building utilized by the DMV. Although
every person who fails or refuses a chemical alcohol test is entitled to a
hearing, the hearing is not scheduled automatically and instead must be specifically
requested. Failure to request a hearing
in a timely manner will result in a waiver of the hearing and a suspension
of the operators permit.
At the DMV hearing evidence is limited to
four issues:
1. Was
the operator arrested for driving under the influence;
2. Did
the police officer have probable cause for the arrest;
3. Was
the vehicle operated on a public road;
4. Did
the operator fail or refuse an alcohol test.
If the Commissioner of Motor Vehicles finds
these four issues in the affirmative, the license will be suspended. You have the right to contest these issues
by submitting your own evidence, testifying on your own behalf, and issuing
a subpoena to compel the attendance and testimony of the police officers involved.
If your operators license is suspended,
you may be eligible to apply for a work permit. You will NOT be eligible if:
1. Your
operator's license has been suspended for a past alcohol related offense;
2. Your
operator's license has been suspended for failure to appear in court;
3. You
have moving violations on your driver's history;
4. You
have less than 27 days to serve on your suspension;
5. You
are unemployed.
Also, if you REFUSED the chemical alcohol
test you will be TEMPORARILY ineligible for a work permit for ninety days.
If you are eligible to apply for a work
permit you may request an application form from the DMV directly. This link will direct you to their site. http://dmvct.org/ In submitting your application you will be
required to provide information regarding your employment and the hardship
you will suffer if the work permit is not granted.
Once the application is complete, it is submitted the DMV which acts
on the application without a hearing.
In the Superior Court, driving under the
influence is a charge that is prosecuted aggressively. By statute, a States Attorney may not reduce
or dismiss a driving under the influence charge without first stating the
reason on the record in front of the Judge.
The defense attorney must examine a number of factual and technical
issues in each case and must discuss these issues in detail with the States
Attorney. Based on the complexity
of the facts, a DUI case will generally not be resolved in a single Court
appearance.
If you have never been charged with driving
under the influence before you may be eligible to use the Alcohol Education
Program (AEP). To apply for this program
you will be required to state under oath that you have never been convicted
of driving under the influence in Connecticut or any other state AND you have
never used the alcohol education program before. If you are granted admission to this program
your case will normally be continued for one year. During this period of time you would be required to attend educational
classes and possibly additional substance abuse counseling. The cost and duration of the program is based
on the level of alcohol in your system at the time of the arrest. If you successfully complete the program the
charge will be dismissed.
If you are convicted of driving under the
influence as a first offender the penalties may include a two day period of
incarceration unless the Court allows you to perform 100 hours of community
service instead. Other penalties associated
with a first conviction include a period of probation, an alcohol evaluation
and possibly additional counseling, fines, fees and Court costs. In addition, the DMV will suspend your operator's
permit for one year based on a first conviction. If you have been previously convicted of driving
under the influence within the last ten years you may be treated as a second
or subsequent offender and increased penalties are imposed.
Question: What
happens if I drive while my license is under suspension for an alcohol related
offense?
Answer: If you are arrested
for diving under suspension after an alcohol related offense the law provides
for thirty days of minimum mandatory incarceration.
Question: How
do I get to the alcohol education program if my license is suspended?
Answer: You may delay entry
into the alcohol education program until your license has been restored.
Question: Can
I get a work permit to use my CDL?
Answer: No, work permits specifically
exclude operation of vehicles for which a Commercial Drivers License is required.
Question: Will
the DMV automatically send my license back after my administrative suspension
ends?
Answer: No, you must apply to the DMV for a restoration of your license
Question: What
happens if my thirty day temporary license expires before my DMV hearing?
Answer: You may apply to the
DMV for a two week extension of your temporary operators permit
Question: Does
the Connecticut Superior Court accept checks or credit cards for payment of
fines?
Answer: Yes, the Court accepts
both forms of payment. To utilize
a check your name and address must be printed on the check and you must present
a valid Connecticut photo identification card.