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New Milford DUI Lawyers

1. Thomas Allingham: 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. Superior Court & The Department Of Motor Vehicles 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. Work Permit 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. Superior Court 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. Common Questions 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.