DUI First/Second/Third Offense
The Anatomy of a DUI Arrest
When a driver is arrested for operating under the influence of alcohol or other drugs, two different processes start. First, the driver will be given a court date to appear at the Superior Court and face criminal prosecution. Second, the driver will receive a letter from the Department of Motor Vehicles indicating that their driver’s license has been suspended for a certain period of time and beginning on a date certain in the near future.
With regard to the criminal process, if a defendant a defendant is charged with Operating Under the Influence of Alcohol or other substances (“DUI”) in violation of Connecticut General Statutes Section 14-227a. Whether a first, second or subsequent offender, it is crucially important for a defendant facing a DUI to seek experienced and competent counsel as early in the process as possible to protect his or her rights and start building the defensive strategy.
At Brown, Paindiris & Scott, our criminal defense lawyers have a combined 90 years of experience defending our client’s rights. In our experience, dealing with the impact of a DUI arrest and the criminal and administrative processes can begin before the defendant even appears in court.
Second, Third and Subsequent Offenders
The impact of a DUI arrest can be significant. In terms of both the legal process it involves, as well as the implications for the defendant’s life, employment, professional licensure, reputation and domestic tranquility. Given the importance of this kind of an event in one’s life, the information available online and the “do it yourself” materials are lacking. These kinds of resources fail to properly recognize and explain the distinction between arrests for a DUI, convictions for a DUI, and the respective impacts of each. Indeed, the law in Connecticut creates greater penalties, both criminal and administrative, for successive arrests and successive convictions for DUI offenses.
But the majority of DUI arrests do not result in DUI convictions. Terms of like “first offender” and “second offender” may be misleading, especially given that fact. The law creates safety nets for those who have no prior DUI arrests on the one hand, and mandatory minimum periods of incarceration for those facing repeated convictions on the other. There may also be aggravating and mitigating circumstances that can dramatically impact what will happen in a given case.
The legislature has also created offenses for a DUI with children in the motor vehicle, has defined the minimum blood alcohol content for adults differently than for minors, and has legislated driver license suspension periods and interlock device requirements. Given the nuance between the circumstances and the law, it is important to have an experienced, competent and zealous advocate on your side when facing a DUI arrest.
Schedule a Consultation with a Criminal Defense Lawyer at Brown, Paindiris & Scott, LLP
Do not trust what you can Google about DUIs to explain what you are facing or how to best defend yourself, especially if there are aggravating circumstances, like facing a second or third conviction, having had a minor in the car, or having been in an accident that resulted in injuries to another.
Our attorneys have extensive experience handling a wide variety of both straight-forward and complicated DUI matters. Whether you drove through a checkpoint after the company Christmas party, or have a history of DUI offenses that make you concerned for your future, let our team help.
Contact us today to discuss your particular circumstances with a member of our criminal defense and DUI defense team.