Sentencing Solutions for DUI Offenders in Connecticut

In this article, you can discover…

• How alternative sentencing works in Connecticut DUI cases.
• Who is eligible for alternative sentencing.
• How completing alternative treatment programs can impact a criminal record.

Can My DUI Attorney Negotiate Alternative Sentencing Options?

If you haven’t had a DUI conviction or participated in the Alcohol Education Program (AEP) or Impaired Driver Intervention Program (IDIP) in the last 10 years, you might be eligible for IDIP. However, certain conditions disqualify you, such as prior convictions or holding a commercial driver’s license at the time of the violation. There is no statutory alternate sentencing for DUIs in Connecticut.

First Offender Sentencing

First offenders not eligible for IDIP often face a mandatory minimum sentence. Typically, this includes:

• A fully suspended 6-month sentence
• 100 hours of community service
• 12-18 months of probation
• Fines, fees and costs totaling $805.00. You can avoid the 48-hour mandatory jail time by completing 100 hours of community service, which enables you to obtain a fully suspended sentence for a first offense DUI conviction. It is the prosecutor that offers the 100 hours of Community Service to avoid jail time.

Second Offender Sentencing

For a second DUI within ten years of the first conviction, penalties include:

• Fines between $1,000 and $4,000
• Up to 2 years in prison (120 days mandatory)
• 100 hours of community service
• Alcohol or drug abuse assessment and possible treatment
• License suspension for 45 days and ignition interlock device installation for 3 years

Negotiating a More Lenient Sentence

Your attorney can negotiate with the prosecution for a lighter sentence. If the prosecution refuses, a judicial pretrial (JPT) may allow further negotiations, but the sentence cannot go below the mandatory minimum on a second or third offense. It is possible for the prosecutor to lower the charge: a second offense can be reduced to a first offense or a third offense to a second offense. Also, the prosecutor can substitute another charge like Reckless Driving for the original. The prosecutor controls this and not the Judge.

Attorney Steven Tomeo is a seasoned lawyer serving Connecticut. For 50 years, he’s helped men and women just like you understand DUI charges and seek alternative sentencing options when possible.

Have questions about your DUI charges? Unsure of your legal rights?
Reach out to attorney Steven Tomeo at (860) 963-7441 for a free initial consultation today!

When Is Alternative Sentencing Considered?

When you are charged with a DUI it is the prosecutor that controls the charge. Judges cannot force a prosecutor to file one charge over another. They can suggest but it is the prosecutor that controls the charges against a defendant. There is really no alternative sentencing in DUI law. However, prosecutors may give you consideration in your case to lower the charge against you, agree to a Nolle (decline to prosecute) of the case, or substitute another charge instead of the DUI charge if you:

• Are cooperative and responsible; and
• Agree to seek help or give back to the community.

However, avoiding the mandatory minimum jail time is not possible if you plead guilty or are found guilty by the Court or a Jury.

Dismissal of Charges

Dismissal is rare but possible through a Motion to Dismiss based on legal errors or constitutional rights violations. Certain factual matters may allow for a Dismissal of the DUI Charge. The prosecutor can also request a dismissal.

Impact of Substance Abuse Treatment Programs

Completing a treatment program can help reduce your sentence but not below the mandatory minimum. For example, a 2-year sentence with 180 days in jail might be reduced to 120 days.

Other Sentencing Options

In Connecticut, a motion to suspend prosecution can be filed under certain circumstances, often related to alcohol or drug dependency. Here are some key points:

1. Eligibility: The defendant must be alcohol or drug-dependent at the time of the crime. Certain serious offenses, such as Class A, B, or C felonies, and specific violations (e.g., DUI with a commercial vehicle), may disqualify a defendant unless the court waives the ineligibility.
2. Process: The defendant must complete and file the motion with the Clerk of Court and send a copy to the state’s attorney. The court will then consider the motion and may order the defendant to undergo treatment instead of proceeding with the trial1.
3. Conditions: If the motion is granted, the prosecution is suspended for up to two years, and the defendant is placed in the custody of the Court Support Services Division (CSSD) for treatment. The statute of limitations is tolled during this period1.
4. Outcome: Successful completion of the treatment program can lead to the dismissal of charges and erasure of records. Failure to comply with the treatment conditions can result in the resumption of prosecution.

Get Legal Help

I recommend hiring an attorney if you have a case in criminal court. When you handle matters on your own you talk with the prosecutor and anything you say can be used against you. Call Attorney Steven A. Tomeo of Steven A. Tomeo and Associates. Never go into criminal Court without an attorney. This is my opinion.

For more information on Sentencing Solutions For DUI Offenders In CT, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (860) 963-7441 today.

Attorney Steven Tomeo is a seasoned lawyer serving Connecticut. For 50 years, he’s helped men and women just like you understand DUI charges and seek alternative sentencing options when possible.

Have questions about your DUI charges? Unsure of your legal rights?
Reach out to attorney Steven Tomeo at (860) 963-7441 for a free initial consultation today!