Connectucut DUI Lawyer and Drunk Driving Defense Information

Connecticut DUI Defense FAQs

Before you read these questions and answers, I want to make one thing clear. The law is very complicated at times. There are often many variables to DUI matters. So, no question or answer is as simple as it appears. I am trying to give you a brief outlook into this area of the law. These responses are not meant to be a substitute for you consulting with a DUI attorney because each case is different and there are exceptions to every rule. So, my advice to each and everyone of you is that if you are charged with a DUI, contact an attorney. If not me then someone else. Remember, ignorance of the law is no excuse!

	DUI Defense Questions
	What happens when I get charged with DUI?
	What happens if I do not schedule a DMV hearing?
	What happens when I schedule the DMV hearing?
	Does every DUI case trigger a DUI suspension notice?
	If I win at the Administrative Per Se Hearing, do the court charges go away?
	What is the Alcohol Education Program (AEP)?
	How do I qualify for the AEP program?
	With regard to the cost of the AEP program, do I have to have all of the money up front?
	What happens when I complete the AEP program?
	What happens if I do not complete the AEP program?
	When I get placed on the AEP program and my case is dismissed, do I have a drunk driving conviction on my record?
	If I lose at the DMV Administrative Per Se Hearing, for how long will the DMV suspend my license?
	If I do not qualify for the AEP Education Program and have to face the criminal charge of drunk driving, what penalties am I looking at?
	If I lose at the Administrative Per Se Hearing and the court matter results in a conviction, do the license suspension run one after the other or do they overlap?
	If I suffer a license suspension either from the DMV, the court or both, how can I get to work?
	Doesn't the DMV or the court care about me supporting my family if I cannot drive or am in jail?
	If I disagree with the Administrative Per Se Hearing decision, do I have the right to appeal it?
	Can I appeal my DUI conviction?

CT DUI and Drunk Driving Defense FAQ
	What happens when I get charged with DUI?
	Two things: One, you have to go to the Connecticut Superior Court in the Geographic Area where you were arrested and defend the DUI charge in Court. Two, you will receive a suspension notice from the DMV and You have to schedule a hearing challenging the suspension.
	What happens if I do not schedule a DMV hearing?
	Your CT driver's license or privilege to drive in CT will be suspended as stated in the suspension notice.
	What happens when I schedule the DMV hearing?
	You will receive written notification of the date and time to be present for Your DMV hearing. This is called the Administrative Per Se hearing. On that date and time, you will meet with a DMV hearing officer. These Men and Women are attorneys engaged in private practice, who represent The Commissioner of Motor Vehicles. They are highly skilled in this Area of the law. You will put on your case at this administrative hearing, in an attempt, to have your license restored.
	Does every DUI case trigger a DUI suspension notice?
	No. In rare instances you may be arrested for DUI and never receive a DMV suspension notice because the arrest Report (A44 Form) is filed too late with the DMV, for a variety of technical reasons. There are other reasons, also.
	If I win at the Administrative Per Se Hearing, do the court charges go away?
	No. One has nothing to do with the other. The Courts have ruled on this. There is no double jeopardy. The DMV matter is an Administrative matter while the Court matter is a Criminal matter.
	What is the Alcohol Education Program (AEP)?
	This is a diversionary program that results in the Criminal Drunk Driving Charge being dismissed provided you qualify for the program and complete the course you are offered. There is an application fee of $150.00. The Court, if you qualify, will order you to take either 10 or 15 sessions of this educational program. The added cost for the 10 session program is $325.00 and for the 15 sessions it is $500.00.
	How do I qualify for the AEP program?
	You make the application to the Court. You will be placed under oath, by the Clerk, and the Judge will ask you several questions. If you answer that you have never been convicted of the crime of driving under the influence of alcohol or drugs, in Connecticut, or any other state, and you have not had the AEP in Connecticut or any other state within the past 10 years, you are qualified. Then the Adult Probation Department will check your criminal and driver history to verify the accuracy of your answers. Remember, when you respond to the Judge's questions you are answering under the penalty of perjury. Some attorneys will tell you that if your conviction for a drunk driving offense is over 10 years old, that you qualify for the AEP program. This is not accurate. If you have a conviction for drunk driving, then you do not qualify for the AEP.
	With regard to the cost of the AEP program, do I have to have all of the money up front?
	You pay the $150.00 when you make the application. The rest of the monies are due when you come back to Court and are placed in the program. However, if you don't have the money because you are poor, you may not have to pay the monies. However, many Courts will ask you to do some form of community service, instead. If you are not poor, but need additional time to come up with the money, most Courts are willing to work with you and give you a reasonable amount of time. However, it all depends on the Judge.
	What happens when I complete the AEP program?
	The simple answer is that your case is dismissed one year after the Judge granted your application for the AEP program and provided you completed it.
	What happens if I do not complete the AEP program?
	The simple answer is that you will be brought back into Court, and at that point, the Judge can order you treated as a First Offender, which means that you are facing jail, fine and probation, along with a lost of license for 1 year. IT IS YOUR RESPONSIBILITY TO COMPLETE THE COURSE. However, in some instances and for good cause shown, the Court may re-instate you into the AEP and give you a certain amount of time to complete it. Remember, when you go on this program, document all that you do, CYA in case a problem arises such as missing a class or having a falling out with the program director or the teacher. When there is a problem, you should contact Adult Probation. Remember though, that all of these individuals have 8 hours a day to do their jobs. They are in Court and meeting with people. If you screw up, it is your fault! The Court will stick up for them. So, take the classes.
	When I get placed on the AEP program and my case is dismissed, do I have a drunk driving conviction on my record?
	The simple answer is NO! However, while you have no conviction, your driver history at the DMV will reflect the AEP program.
	If I lose at the DMV Administrative Per Se Hearing, for how long will the DMV suspend my license?
	The Driver's License Sanctions (license suspension periods) outlined below will be imposed IN ADDITION TO CRIMINAL PENALTIES. In most cases, the driver's license sanctions will be imposed much earlier. IN ALL CASES, they will be imposed, in addition to criminal penalties, and will appear on your driving record. However, if you win the Administrative Per Se Hearing, your license will be ordered restored and you will not suffer the following sanctions. Administrative Sanctions Blood Alcohol Level First Offense Second Offense Third Offense Refusal to submit to a blood, breath or urine test 6 months 1 year 3 years Test results of .02 or higher and you are under twenty-one years of age 90 days 9 months 2 years Test results of .08 or higher; up to, but not including .16 90 days 9 months 2 years Test results of .16 or higher 120 days 10 months 2-1/2 years
	If I do not qualify for the AEP Education Program and have to face the criminal charge of drunk driving, what penalties am I looking at?
	Under Connecticut's criminal law, the driver arrested for DUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed: Criminal Law First Offense Second Offense Third Offense Fine: $500 to $1,000 $1,000 to $4,000 $2,000 to $8,000 Jail: 6 mo., 48 hrs minimum mandatory Or 6 mo., suspended with 100 hrs. Community service 2 yrs., 120 days minimum mandatory and 100 hrs. of community service 3 yrs., 1 yr. Minimum mandatory and 100 hrs. of community service Suspension: One year Three years (or until you are 21 years of age, whichever is longer) Permanent Revocation Offense within 10 years of last conviction and test results of .08 or higher NOTE: THE FINES ARE AS INDICATED, BUT IN ADDITION TO THE FINE, THERE ARE OTHER COURT COSTS. FOR INSTANCE, FOR THE FIRST OFFENSE FINE, IF THE $500 FINE IS IMPOSED, THE COSTS AMOUNT TO $278 MAKING THE TOTAL THAT YOU OWE $778.
	If I lose at the Administrative Per Se Hearing and the court matter results in a conviction, do the license suspension run one after the other or do they overlap?
	The simple answer is that they overlap if they go into effect at the same time. However, if one goes into effect today and another 2 months from today, then they may overlap part of the time, and the latter suspension will continue on as the prior one ends.
	If I suffer a license suspension either from the DMV, the court or both, how can I get to work?
	You may be entitled to a Special Driving Permit for this purpose. However, if you have a previous alcohol related suspension, you may not qualify. You fill out the proper form and submit it to DMV Driver Services Division. They will review your Driver History and determine if you are eligible.
	Doesn't the DMV or the court care about me supporting my family if I cannot drive or am in jail?
	It isn't that these people do not care. They are enforcing the laws passed by the Connecticut Legislature and doing what they have to do. Remember, the Legislature passes the laws that Judges, Prosecutors and the Police have to enforce. We have to live within the rule of law. Sometimes, we may all agree that the penalties are too stiff, but that is as far as it goes.
	If I disagree with the Administrative Per Se Hearing decision, do I have the right to appeal it?
	Yes. Find out more information on appealing the administrative hearing.
	Can I appeal my DUI conviction?
	Yes.