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Steven A. Tomeo & Associates, LLC

Avoiding jail time if convicted of a second or third DUI is virtually impossible because Connecticut has mandatory minimum sentencing, which may not be suspended or reduced in any manner by the Judge. Once a convicted person is sent to prison, the Commissioner of Corrections can grant early release.

Can I get a Connecticut pretrial alcohol education program as a repeat DUI offender?

It depends. If you are granted AEP then you can get that program, again, after ten (10) years. However, if you have a DUI conviction on your record, you are not eligible for AEP. Example: Mr. Driver is arrested for a DUI on January 1, 2020. This is his first DUI in his lifetime. Then on January 25, 2020, while the January 1 DUI is still pending, he is arrested, again, for a DUI. These are back to back DUIs. As to the January 1, 2020 DUI he is eligible to apply for AEP. It is within the discretion of the Trial Court Judge to grant the program—he is eligible to apply for AEP. As to the second charge, he is not eligible.

What if I have a New York DWI conviction on my record and now have a DUI in Connecticut? Will I still be eligible for certain programs?

The New York Driving While Impaired (DWI) statute is not considered a DUI in the State of Connecticut. So, a conviction in New York for Driving While Impaired (DWI) is not considered a prior conviction in Connecticut. So, if you are convicted of a DWI in New York and then after that you are arrested for a DUI in Connecticut, you would be eligible for the AEP in Connecticut. However, it is important to note that the granting of AEP is up to the discretion of the Trial Court Judge who can deny granting you the program, even if you are eligible to apply for it.

What Is Connecticut’s Home Confinement Program for Repeat DUI Offenders?

Once convicted in Connecticut of DUI or any other crime, a person is committed to the Commissioner of Corrections who has jurisdiction over the convicted person. The Corrections Department operates under its own policies and procedures in deciding whether the offender will be released and given an ankle bracelet for monitoring purposes. If it is decided that an offender will be given an ankle monitor, then they will likely be on parole and confined to a certain area, such as the perimeter of their home.

I have multiple DUI convictions in Connecticut. How will I get to work?

 Special Operator’s Permit

(“Work Permit / Education Permit / Medical Permit”)

If your driver’s license is under suspension you may apply for a Special Operator’s Permit that will allow you to drive to and from work, attend classes or examinations at accredited institutions of higher education, or to ongoing medical treatments. If approved, the permit must be carried with you when driving and all restrictions must be followed. You may not operate a commercial or public service motor vehicle with a Special Operator’s Permit. To apply for a Special Operator’s Permit:

Work Permit

  • Complete the Special Operators Permit Application(form MD-1).
  • If you are self-employed, you must submit a copy of your business filing from the CT Secretary of State or the most recent business income tax return indicating the applicant as a principal or owner of business.
  • See instructions for all applications below.

Education Permit

  • Complete the Special Operators Permit Application(form MD-1).
  • Obtain and submit a certified copy of your class and examination schedule clearly identifying the days, hours, and geographic locations of your classes.
  • See instructions for all applications below.

Medical Permit

  • A medical permit is only for ongoing medical treatment.

    Ongoing medical treatment is defined as treatment by or prescribed by a medical provider that requires travel to a treatment facility one or more times per week and is essential to maintaining your life or health, where without the treatment, may adversely affect your condition.

  • Complete the Special Operators Permit Application(form MD-1).
  • If your license is medically withdrawn you do not qualify for a medical permit.
  • See instructions for all applications below.

All applications – additional instructions:

  • All applications can be mailed. You may also scan completed applications and email to DMV.Suspension@ct.gov
  • DMV will verify your application and review your driving record as part of the application process. Applicants must meet qualifications list below.
  • Out-of-State Drivers: If you are licensed in another state, you must provide a recent certified copy of your driving record from that jurisdiction. DMV does not accept driving records from private vendors.
  • A non-refundable $100 application fee must accompany each permit request.

To qualify for a Special Operator’s Permit, you must:

  • Not be currently suspended for failure to appear/pay a citation.
  • Not be currently suspended for Operating While Under Suspension.
  • Not have a prior alcohol-related offense.
  • Not have three or more prior moving violations as specified in Connecticut General Statute 14-111g(a) on your driving history.
  • Not have two or more prior moving violations on your driving history if you are currently suspended for Reckless Driving or Evading Responsibility.
  • Not have a violation of Vehicular Manslaughter or Vehicular Assault.

When driving with a Special Operator’s Permit, please remember the following:

  • Special Operator’s Permits are subject to strict standards for approval and use.
  • You cannot operate a motor vehicle unless the Special Operator’s Permit is in your possession.
  • Misuse of a permit, conviction of a traffic citation, or a new license suspension while operating under a permit may result in revocation of the permit and other penalties.
  • Driving Outside Connecticut: If you intend to operate outside of Connecticut, you must check with law enforcement in that state to determine if a Connecticut permit is honored.

For more information, please call STEVEN A. TOMEO & ASSOCIATES, LLC.

For more information on DUI Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (860) 764-2744 today.

STEVEN TOMEO, ESQ.

CALL NOW TO SET UP A FREE CONSULTATION
(860) 764-2744

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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