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 an 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!
|General DUI Questions|
|1.||What happens when I get charged with a DUI?||Answer|
|2.||Can I appeal my DUI conviction?||Answer|
|Driver’s License Issues|
|1.||What happens if I do not schedule a DMV hearing?||Answer|
|2.||What happens when I schedule the DMV hearing?||Answer|
|3.||Does every DUI case trigger a DUI suspension notice?||Answer|
|4.||If I win at the Administrative Per Se Hearing, do the Court Charges go away?||Answer|
|5.||If I lose at the DMV Administrative Per Se Hearing, for how long will the DMV suspend my license?||Answer|
|6.||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?||Answer|
|7.||If I suffer a license suspension either from the DMV, the Court or both, how can I get to work?||Answer|
|8.||Doesn’t the DMV or the Court care about me supporting my family if I cannot drive or am in jail?||Answer|
|9.||If I disagree with the Administrative Per Se Hearing decision, do I have the right to appeal it?||Answer|
|Alcohol Education Program (AEP)|
|1.||What is the Alcohol Education Program (AEP)?||Answer|
|2.||How do I qualify for the AEP program?||Answer|
|3.||With regard to the cost of the AEP program, do I have to have all of the Money up front?||Answer|
|4.||What happens when I complete the AEP program?||Answer|
|5.||What happens if I do not complete the AEP program?||Answer|
|6.||When I get placed on the AEP program and my case is dismissed, do I have a Drunk Driving Conviction on my record?||Answer|
|7.||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?||Answer|
|8.||What sort of disclosures will a person who successfully completes the AEP program have to make to prospective law enforcement employers or private employers?||Answer|
|9.||Can I be eligible for acceleration rehab if I had a DUI ten years ago and got arrested for a petty theft? Would the DUI conviction be used against me?||Answer|
|General DUI Questions|
|1.||What happens when I get charged with a 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.
|2.||Can I appeal my DUI conviction?|
|Driver’s License Issues|
|1.||What happens if I do not schedule a DMV hearing?|
|2.||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.
|3.||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 your BAC is under 0.08 %, you will not have a hearing.
|4.||If I win at the Administrative Per Se Hearing, do the Court Charges go away?|
|5.||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 have been revised recently and 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.
If you have been arrested for operating under the influence of alcohol and/or drugs and either failed a chemical alcohol analysis of your blood, breath, or urine or refused to submit to such analysis, your operator’s license or privilege is suspended effective 12:01 a.m. on the thirty-first day following the date of the arrest. A Notice of Suspension will be mailed to your address of record allowing seven days to request a hearing.
Before the final date to request a hearing noted on the suspension notice, you must call the Administrative Per Se Unit directly at 860-263-5204. That Unit can be contacted between 8:30 a.m. to 4:30 p.m. Monday through Friday.
If you have already scheduled a hearing and wish to request a continuance for good cause, you must contact the Administrative Per Se Unit directly at 860-263-5204. However, if the suspension has already taken effect and you would like to find out your requirements for restoration, please either write or call:
|6.||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.
|7.||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.
|8.||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.
|9.||If I disagree with the Administrative Per Se Hearing decision, do I have the right to appeal it?|
|Alcohol Education Program (AEP)|
|1.||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 $200.00. 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 $350.00 and for the 15 sessions it is $500.00.
|2.||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.
|3.||With regard to the cost of the AEP program, do I have to have all of the Money up front?
You pay the $200.00 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.
|4.||What happens when I complete the AEP program?|
|5.||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.
|6.||When I get placed on the AEP program and my case is dismissed, do I have a Drunk Driving Conviction on my record?|
|7.||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, a 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:
You may petition, in writing, to the Commissioner of the Department of Motor Vehicles for the option to participate in the IID program. After serving more than 45 days of your suspension but less than one year under C.G.S 14-227a, 14-227g and 14-111n, you will be required to have an IID for the remainder of the suspension on a first conviction or for a second conviction, the remainder of your suspension plus an additional two years.
Vehicular Manslaughter, C.G.S. §53a-56b or
Vehicular Assault, C.G.S. §53a-60d
|First Conviction||Second or subsequent Conviction|
|Vehicular Manslaughter conviction||1 year license suspension. Two years IID requirement from restoration date.||1 year license suspension. Two years IID requirement from restoration date.|
|Vehicle Assault conviction||1 year license suspension. Two years IID requirement from restoration date.||1 year license suspension. Two years IID requirement from restoration date.|
8. What sort of disclosures will a person who successfully completes the AEP program have to make to prospective law enforcement employers or private employers?
This memo assumes a client will successfully complete the AEP program.
The only sticking point comes if the client is asked “have you ever participated in any sort of alcohol education or alcohol rehabilitation program?” He would have to answer “yes.” If this comes up in the course of employment and the client has been squeaky clean since his arrest, he probably can explain it away as a stupid-youth experience from which he certainly learned his lesson.
If you mean that you had the Alcohol Education program 10 years ago that means you did not have a conviction and you would be eligible for the Accelerated Rehabilitation diversionary program (CGSA Sec. 54-56e).
The rule of thumb is that if you have a prior conviction of a crime or of some other specified violations in the AR statute then you are not eligible for Accelerated Rehabilitation. It sounds like you have no prior conviction. It appears that the crime you are charged with does not make you ineligible. If you go to the forms section of the judicial website in CT and then go to criminal forms you can open up the AR form, which will better explain to you what I just did. Thank you.