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DUI / DWI Arrests in Darien, Connecticut (Part 2 of 3)

DUI / DWI Arrests in Darien, Connecticut
(Part 2 of 3)

Click here to return to Part 1

Your First Court Date for a Darien Connecticut DUI / DWI Arrest

Many people who get arrested in Darien Connecticut for DUI / DWI under CGS 14-227a mistakenly believe they can go to court alone, explain their situation to the prosecutor, and then their Darien DUI / DWI arrest will magically disappear. Unfortunately this does not happen in the real world. Connecticut lawmakers have dedicated millions of dollars in enforcing DUI / DWI laws, and they are definitely not giving people a slap on the wrist when the cases get to criminal court. In fact, it’s just the opposite, as top Darien Connecticut criminal lawyers can explain to you just how serious the Connecticut DUI / DWI “3 strike” system can be for repeat Connecticut DUI / DWI offenders. If your Darien Connecticut DUI / DWI arrest involved a high BAC (Blood Alcohol Content) reading, or if there is serious personal injury to one or more victims in your case, then you can expect an issue to come up at your first court date regarding your conditions of release. The prosecutor or judge may order you into drug or alcohol counseling, or order that random breath and urine tests be taken, both of which can be extremely disruptive to your job or family responsibilities. So be sure to have a top Darien Connecticut DUI / DWI criminal lawyer by your side at your first court date to assist you in deflecting these concerns and fighting against any unnecessary or gratuitous conditions of release.

Fighting First Time Offender Arrests for a Darien Connecticut DUI / DWI

When you are arrested as a first time DUI/ DWI offender in Darien Connecticut, you essentially have 3 options: (1) exercise your right to take your Darien Connecticut DUI arrest to trial; (2) enter a guilty plea that will result in you losing your license and possibly going to jail; or (3) leapfrog the prosecutor and go directly to the judge and demand that the prosecution of your case to be suspended while you complete an Alcohol Education program. Option 3 gets your case dismissed and your record expunged regardless of whether or not the prosecutor wants you to get the program. Each option has its own pros and sons, but experience tells us that most people who have a strong family base, gainful employment, and limited financial resources prefer Connecticut’s Pre-Trial Alcohol Education Program for Connecticut first time offenders. This program lasts for one year, and as the name implies, requires attendance at 10 to 15 weekly alcohol education classes. If you successfully complete the program and avoid any new arrests during the year, then your case will be dismissed and your record will be expunged.

However, getting the judge to grant you the Alcohol Education Program is not a foregone conclusion. If you registered a high Blood Alcohol Content reading during your Darien Connecticut DUI arrest, seriously injured a person, damaged property, or have a guilty plea on your record to a New York DUI violation, known in New York as Driving While Ability Impaired (or a “DWAI”), then there is a good chance the prosecutor will be strenuously objecting to your AEP application. So if you are a first time DUI / DWI offender in Darien Connecticut, contact a top Darien Connecticut criminal law firm to help you package the strongest Alcohol Education Program application possible. You only get one application, so make it count. Click here to get more information about Connecticut’s Alcohol Education Program process for first time DUI / DWI offenders.

Fighting Your Darien Connecticut Arrest for 14-227a DUI / DWI / OUI

To effectively fight a DUI / DWI charge in Connecticut, your top Darien Connecticut criminal attorney needs skill, experience, and an in-depth understanding of Connecticut’s criminal court process – particularly in the Stamford Court where your case will be prosecuted. A seasoned criminal lawyer will thoroughly comb through your police reports, witness statements, and surveillance camera footage to find any mistakes or errors which law enforcement may have made. They will also file motions with the court to preserve evidence such as police cruiser dashcam video, body cam footage, 911 recordings, and your booking video, which may tell a different story than the police reports indicate. They will also examine your file to determine (1) whether you were properly advised of your Miranda rights and (2) if you were given ample opportunity to contact a top Darien criminal lawyer before you were asked to submit to the Breathalyzer test or were interrogated by police.

Jail Penalties for Darien Connecticut DUI / DWI Arrest First Time & Repeat Offenders

Getting arrested for a second or third DUI / OUI / DWI arrest in Darien Connecticut subjects you to Connecticut’s 3 strikes DUI / DWI laws, which get substantially more severe with every offense. As the best criminal lawyers in Darien Connecticut would warn, you are only eligible for Connecticut’s Alcohol Education Program for your first arrest for DUI / DWI in Darien. For your second offense that is within 10 years of your first arrest, you are exposed to a misdemeanor conviction, probation, a suspension of your license, and potential mandatory jail time. For your third arrest (or second conviction), prosecutors draw a line in the sand and seek to hit you with a felony conviction, a mandatory minimum of 120 days in jail, and a 3-year revocation of your driver’s license. And finally, for your fourth arrest, or your third conviction, you are facing a 1-year mandatory minimum jail sentence, and lifetime driver’s license suspension. A top Darien Connecticut criminal can sometimes find legal or factual arguments, errors or omissions in the case that can convince a prosecutor to reduce your charges from a felony to a misdemeanor so you can avoid jail. But before you decide whether to fight or plead guilty, you need to know the strengths and weaknesses of your case by sitting with a top Darien Connecticut DUI / DWI criminal lawyer attorney who will provide you with an honest assessment of your case.

Continue Reading…Darien Connecticut DUI / DWI Arrests, Part 3 of 3   
(Prescription Drug DUI / DWI Arrests, Getting Your Stamford DUI / DWI Arrest off the Internet, and more)