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Steven A. Tomeo & Associates, LLC

In Connecticut, out-of-state DUI convictions count as DUI convictions for penalty purposes provided the out-of-state law is the same as or like Connecticut law—CGSA Sec. 14-227a. For instance, DUI convictions in New York State, Massachusetts, Rhode Island, and New Jersey are like those in Connecticut; in states where the Connecticut courts have made no ruling, the matter is subject to interpretation by the trial court judge. If a driver were to get a DUI conviction in Connecticut within 10 years of having received a DUI conviction in New York State (or any other state where the law has been deemed the same as or similar to Connecticut law), then the Connecticut DUI would be considered a second DUI conviction, which is a felony.

How long before a DUI conviction falls off your criminal and DMV record?

Criminal DUI convictions usually remain on your rap sheet for life. Expungement changes this. However, the DUI suspension reference on your DMV Driver History is erased after 10 years.

What are the sentencing penalties or consequences of having multiple DUI convictions on your record in Connecticut?

(g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall:

(1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j;

(2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person’s alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person’s operation of a motor vehicle shall be limited to such person’s transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer; and

(3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person’s alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege permanently revoked upon such third offense, except that if such person’s revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111.

For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 14-227m, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of section 14-227n, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

Will a plea agreement be available in my second or third DUI case in Connecticut?

Virtually all criminal law matters in the state of Connecticut go through continuous plea bargaining with the prosecutor. If matters cannot be resolved with the prosecutor, a judicial pretrial can be requested; if matters cannot be resolved at the judicial pretrial, then the offer can be accepted, or the case can proceed to trial. If a plea agreement is reached, it must be presented to a judge. Generally, judges approve plea agreements.

Can I have a first, second, or third DUI conviction in Connecticut erased or expunged from my record?

The expungement process in Connecticut is known as a Pardon. A full Pardon results in the erasure of your CT criminal record. Only your entire criminal history will be considered for a full pardon. You cannot apply for erasure of one offense and not another. The Board may also grant a Full Pardon with a condition. You may apply three (3) years after the date of disposition for your most recent Misdemeanor conviction and five (5) years after the date of disposition for your most recent Felony conviction. You cannot be on parole or probation.

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.

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(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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