Connecticut DUI Attorney - CT DMV Hearing - Connecticut Drunk Driving

Adult Education Program - Eligible After 10 Years

At the time THE CLIENT was arrested or appeared in court, it had not been ten years since his previous arrest for DUI. Now, more than ten years has passed. You wanted to know whether he could apply for the AEP program.

I found no case law on this, but using the language of the statute in its common and customary manner, I don’t see why not so long as it’s ten years past the time he previously applied for the AEP program.

Conn. Gen. Stat. § 54-56g provides for an alcohol education system wherein the court file is sealed if the person swears:

1. For a violation of Conn. Gen. Stat. § 14-227a, the person has not had such a system invoked on his behalf within the preceding ten years for a violation of section 14-227a;
2. For a violation of Conn. Gen. Stat. § 14-227g, the person has never invoked such a system for a violation of Conn. Gen. Stat. § 14-227a or § 14-227g;
3. the person has never been convicted for violating:
   1. §53a-56b or 53a-60d
   2. 14-227a(a) prior to October 1, 1981
   3. 14-227a(a)(1) or (a)(2) after October 1, 1985
4. person has never been convicted in any state of an offense with substantially similar elements of Conn. Gen. Stat. §§ 53a-56b, 53a-56d, 14-227a(a)(1) or 14-227a(a)(2).

I take it the only issue here is whether Mr. Kissa meets the first qualification. I understand he has no prior “conviction” for DUI.

Under the terms of the statute, the dates to be concerned about are the dates he applied for and was granted admission to the AEP program – the date the program was “invoked” on his behalf. If the next application occurs more than ten years after that date, he should be eligible for the AEP program.

The court has discretion whether to grant the application. If the court is aware of the earlier use of the AEP program, it may have an impact on its decision.