Group Picture of The Law Offices of Mark Sherman, LLC

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

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

Click here for Part 1

What Happens at My First New Canaan Court Date for a DUI / DWI Arrest?

As many of the top criminal lawyers and attorneys in New Canaan Connecticut know, all New Canaan Connecticut DUI / DWI arrests under CGS 14-227a must report to Norwalk Superior Court, located at 17 Belden Avenue, Norwalk Connecticut. That’s because there are no criminal courthouses in the Town of New Canaan.

Your first court date for your New Canaan Connecticut DUI / DWI / OUI arrest is called your “arraignment.” It’s an appearance before a Superior Court judge who may order additional conditions of release on you, depending on the circumstances and allegations of your New Canaan arrest for DUI / DWI. Such conditions can include mandatory AA meetings, mandatory “AIC” compliance (click here to learn what AIC is), installation of an Ignition Interlock Device (IID) in your car, drug and alcohol counseling, random urine testing, or random breath testing. Your top New Canaan Connecticut criminal lawyer attorney can always push back and argue against these conditions so be sure to have a top New Canaan criminal lawyer standing by your side at your first court date.

Strategies for First Time Offender DUI / DWI Arrests in New Canaan Connecticut

Many of the best New Canaan Connecticut DUI / DWI lawyers would agree that there are typically 3 options for fighting a first time offender DUI / DWI arrest in New Canaan Connecticut: (1) contest your New Canaan DUI / DWI charge and go to trial, (2) plead guilty, surrender your Connecticut driver’s license and face possible jail time, or (3) leapfrog the prosecutor and go directly to the judge with a motion to suspend your prosecution. Option 3, if the motion is granted by the judge, then permits you to attend a basic Alcohol Education Program, resulting in the complete dismissal and expungement of your case from your record.

What’s the Best Defense Option for My New Canaan DUI / DWI Defense?

Each of these defense strategies has its pros and cons but, in consideration of your job, family, and financial resources, you may be inclined to select the third option and elect to apply for Connecticut’s Pre-Trial Alcohol Education Program (referred to as the “AEP” in court). As the top New Canaan Connecticut criminal law firms know, this one-year Connecticut program requires attendance at 10 or 15 weekly alcohol education classes (or if your lawyer can get you special permission, you can do all the classes in one weekend at a special out-of-state program). Once successfully completed, and if you don’t pick up any new arrests, then you can get your first time offender DUI / DWI arrest in New Canaan Connecticut completely dismissed and expunged.

Can I Automatically Get the Alcohol Education Program for a New Canaan DUI?

No, it’s not automatic. Unfortunately, as the best New Canaan Connecticut criminal law firms know, getting accepted into the New Canaan Connecticut Alcohol Education Program is not always easy — especially if the prosecution objects to your application due to a high Breath Alcohol Content (“BAC”) reading on your breath test, serious physical injuries or property damage caused by your DUI accident, a previous out-of-state DUI / DWI, or a previous New York State DUI / DWI arrest that was reduced to a DWAI (Driving While Ability Impaired) charge. So if you are a first time New Canaan Connecticut DUI / DWI offender who is considering applying for the Alcohol Education Program, then contact a top Connecticut DUI / DWI criminal law firm to help you prepare the strongest possible AEP application package. First time DUI / DWI offenders in New Canaan Connecticut are only afforded a single opportunity to apply, so put your best foot forward and follow this link to learn more about pre-trial DUI / DWI offender programs in New Canaan Connecticut.

Risks for Second & Repeat DUI / DWI Offenders in New Canaan Connecticut

Far more serious than a first time DUI / DWI arrest in New Canaan Connecticut under C.G.S. 14-227a is a second or repeat offender arrest. Essentially, Connecticut criminal law applies a 3 strikes law for repeat DUI / DWI offenders. After your second DUI / DWI arrest in New Canaan, you will face a misdemeanor conviction, the suspension of your Connecticut driver’s license for one year, as well as probation and possible jail time. After your third Connecticut DUI / DWI arrest in New Canaan Connecticut (often putting you at risk of a second time conviction if you used the Alcohol Education Program for your first arrest), it gets much worse. Prosecutors will seek a felony conviction, which can include up to 2 years in jail (120 days of which are mandatory minimum jail time), and a 3 year suspension of your Connecticut driver’s license. The possibility of home confinement for a New Canaan DUI / DWI conviction exists, but it’s never guaranteed, not even by the best Connecticut criminal defense DUI / DWI lawyers. Third time DUI / DWI offenders in Connecticut face 1 year of mandatory jail time.

Repeat DUI / DWI Offender in New Canaan? Try to Get a First Time Offender Plea Deal

If you are facing a second time or repeat offender DUI / DWI arrest in New Canaan Connecticut, then you should immediately call one of Connecticut’s top DUI / DWI / OUI criminal law firms to help you decide whether to take your case to trial or negotiate a plea that may result in the reduction of your New Canaan DUI / DWI charge and the avoidance of jail time. There are certain cases where—at their sole and hopefully reasonable discretion—prosecutors may elect to reduce a second or third time offender case to a first time offender case, thereby allowing you to avoid a felony conviction and the possibility of mandatory jail time. Getting a repeat offender arrest reduced to a first time offender deal is a big win in many DUI cases—otherwise, going to trial may your next best option.

Fighting Your New Canaan Connecticut DUI / DWI / OUI Arrest under 14-227a

Fighting your New Canaan Connecticut DUI / DWI arrest takes experience, expertise, and a deep understanding of the Connecticut criminal court process. It is never advisable to hire a lawyer or law firm that primarily handles divorces or real estate closings to defend you against a DUI / DWI arrest in New Canaan Connecticut. Instead, have a top Connecticut DUI / DWI criminal attorney analyze your police reports, witness statements, and forensic evidence, including third party surveillance recordings. Then consider filing motions at your initial court date to preserve evidence so that police don’t erase exculpatory electronic and digital evidence — including 911 audio recordings and police dashboard, bodycam, and booking cam footage — which may contradict false allegations made against you in police reports. In addition, many of the best New Canaan Connecticut criminal lawyers know how to scrutinize and challenge the administration of your Miranda rights .

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