Effects of a Utah DUI conviction for a Connecticut licensed driver

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Sometimes Connecticut residents travel to other states, like Utahfor business or pleasure and have the unfortunate luck to be charged with a DUI.  If this happens to you, you should first find a qualified DUI lawyer in Utah, but you should also be aware of how Connecticut’s DMV will treat you upon your return.

If you have been convicted of a DUI in Utah, you would be convicted of violating section 41-6a-502 of the Utah statutes.

In Utah, the penalties for DUI can range depending on the number of prior DUI offenses you have.

First offense:  For a first offense, the Court will order a 48 hour jail sentence, work in a work program for 48 hours, substance abuse treatment or an educational program, a fine of $700, and probation under some circumstances.

Second offense:  The penalties for this offense include a jail sentence of 240 hours, 240 hours served in a compensatory-service work program, participation in substance abuse treatment or an educational program, a fine of $800, and probation.

If you are a Connecticut resident who has been charged with or convicted of DUI in Utah, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in Utah as set forth above.

After hiring a Utah DUI lawyer to help you fight your DUI, you should consider contacting a Connecticut DUI lawyer like our firm with experience in interstate DMV consequences or asking us to assist you in retaining one for your home state consequences.

The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for 1 year with a first offense conviction, and it will be more if this is not your first offense.

The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:

(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 one year; (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 perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 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 permanently revoked upon such third offense. 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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law REQUIRES the DMV to impose a suspension if they are notified under the State driver’s license compact.

If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.

With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege  for driving restored. You can read more about that program here. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information or you can learn more about it here.

Once the Connecticut DMV learns of an out of state conviction like the conviction from Utah, they will issue you a suspension notice for your Connecticut license.  You do have a right to fight the suspension.  The grounds for fighting the suspension are either you were NOT convicted of a DUI offense or you are not the person who was convicted.  Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension.  This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them.  Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time.  Unfortunately, even if Utah only imposes a shorter suspension period, Connecticut’s minimum is 1 year, so no matter what, that is the bottom line for suspensions of a Connecticut license.

Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in Utah you are not eligible to participate in that program.  You must have been arrested in Connecticut to take those classes.

One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license.  You may be required to have a hearing just to show the DMV this evidence.

Posted on Tuesday, Apr. 15th 2014 | by James Ruane | in DUI Penalties | No Comments »

Effects of a Texas DUI conviction for a Connecticut licensed driver

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Sometimes Connecticut residents travel to other states, like Texasfor business or pleasure and have the unfortunate luck to be charged with a DUI.  If this happens to you, you should first find a qualified DUI lawyer in Texas, but you should also be aware of how Connecticut’s DMV will treat you upon your return.

If you have been convicted of a DUI in Texas, you would be convicted of violating Sec. 49.04 of the Texas statutes.

In Texas, the penalties for DUI can range depending on the number of prior DUI offenses you have.

First offense:  This offense will result in a suspension of your license for 90 days.  If you complete an education course within 180 days of getting your DUI, your license will not be suspended.

Second offense:  The penalty for this conviction is a license suspension for 180 days-2 years.  Completing an education course will not lift your license suspension. 

Third offense: The penalty for this conviction is a license suspension for 180 days-2 years.  Completing an education course will not lift your license suspension. 

If you are a Connecticut resident who has been charged with or convicted of DUI in Texas, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in Texas as set forth above.

The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for 1 year with a first offense conviction, and it will be more if this is not your first offense.

The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:

(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 one year; (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 perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 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 permanently revoked upon such third offense. 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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law REQUIRES the DMV to impose a suspension if they are notified under the State driver’s license compact.

If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.

With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege  for driving restored. You can read more about that program here. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information or you can learn more about it here.

Once the Connecticut DMV learns of an out of state conviction like the conviction from Texas, they will issue you a suspension notice for your Connecticut license.  You do have a right to fight the suspension.  The grounds for fighting the suspension are either you were NOT convicted of a DUI offense or you are not the person who was convicted.  Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension.  This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them.  Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time.  Unfortunately, even if Texas only imposes a shorter suspension period, Connecticut’s minimum is 1 year, so no matter what, that is the bottom line for suspensions of a Connecticut license.

Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in Texas you are not eligible to participate in that program.  You must have been arrested in Connecticut to take those classes.

One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license.  You may be required to have a hearing just to show the DMV this evidence.

To fight your DUI conviction, you should hire a lawyer in both Connecticut and Texas.  For the best defense, please contact Connecticut DUI Lawyer Jay Ruane.  Attorney Ruane also recommends Attorneys Doug WilderChris Samuelson, and Jamie Balagia to represent you in the state of Texas.

Posted on Tuesday, Apr. 8th 2014 | by James Ruane | in DUI Penalties | No Comments »

DUI Court Hearing vs. DMV Hearing

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If you are charged with a DUI, you will have to make an appearance at a court hearing as well as a DMV hearing.  These are separate hearings concerning different aspects of your DUI case.  However, you should attend both the court hearing and the DMV hearing, as your absence will only be detrimental to your case.  This article will outline the differences between a court hearing and a DMV hearing.

When you are charged with a DUI, you will be given a date to appear in court.  This court hearing will determine if you are guilty or innocent of your DUI charge.  The court hearing deals with the criminal proceedings of your case.  In court, you will be able to present the facts you have collected concerning your case and attempt to build a defense against the charges.  You will be deemed guilty or not guilty in court, and the court will give out certain punishments.  These punishments include fines and potential jail time.

The DMV hearing is a separate hearing to determine if your license should be suspended, and for how long.  This is merely an administrative proceeding concerning your driving privileges only.  The results of your blood alcohol content (BAC) test or urine test will be discussed in this hearing.  If you refused a BAC or urine test, this will also be discussed.  You will have to explain why you refused to take the tests, and if you were placed under arrest as a result.  Based on this hearing, the DMV will decide if your license should be suspended and for how long.

The DMV hearing deals with the circumstances of your arrest, while a court hearing will decide if you are guilty or not guilty.  For this reason, the DMV hearing is not required, while a court hearing is.  You are not obligated to have a DMV hearing, however, it will help your case if you go and present it to the DMV.  This would be a positive step that you could take to ensure that you appear responsible to those determining if you will be able to keep your license or not.

Court hearings and DMV hearings are independent of one another.  In some cases, you can receive a verdict of not guilty in court, but still deal with a suspension from the DMV.  This is due to the fact that the DMV launches its own investigation into your case.  While a verdict of not guilty in a court hearing can help you in a DMV hearing, it will not necessarily mean that the DMV will let you keep your license.

Although it is stressful to deal with two separate hearings for your DUI, it is in your best interest to schedule and attend both hearings.  This could help reduce your penalty if you are found guilty.  Hiring a DUI lawyer can also help you with your case.  DUI lawyers are experienced in cases similar to yours, which means that they know how to approach court hearings and can help you get acquitted.  You can contact Ruane Attorneys here if you want to discuss your DMV or court hearing.

Posted on Friday, Apr. 4th 2014 | by James Ruane | in Court | No Comments »

Effects of a Tennessee DUI conviction for a Connecticut licensed driver

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Sometimes Connecticut residents travel to other states, like Tennesseefor business or pleasure and have the unfortunate luck to be charged with a DUI.  If this happens to you, you should first find a qualified DUI lawyer in Tennessee, but you should also be aware of how Connecticut’s DMV will treat you upon your return.

If you have been convicted of a DUI in Tennessee, you would be convicted of violating Tenn. Code Ann. 55-10-401.

In Tennessee, the penalties for DUI can range depending on the number of prior DUI offenses you have.

First offense:  A first offense will result in a jail sentence of 11 months and 29 days, 24 hour of community service, a $350-$1,500 fine, participation in an alcohol safety class, and the suspension of your drivers license for one year.  At least 48 hours must be spent in jail, and if your BAC is .20 or higher, the minimum mandatory jail sentence is seven days. 

Second offense:  The penalties for a second offense include a jail sentence of at least 45 days but no more than eleven months and 29 days, a fine between $600 and $3,500, participation in alcohol safety class, and a license suspension for two years.

Third offense:  This conviction carries a jail sentence of 120 days to 11 months and 29 days, a fine of $1,100-$10,000, participation in alcohol school, and a license suspension for three to ten years.

Fourth/subsequent offense:  This offense is considered a felony and will result in a jail sentence of one to six years in jail, a fine of $3,000-$15,000, mandatory participation in alcohol school, and a license suspension of five years.

If you are a Connecticut resident who has been charged with or convicted of DUI in Tennessee, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in Tennessee as set forth above.

The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for 1 year with a first offense conviction, and it will be more if this is not your first offense.

The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:

(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 one year; (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 perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 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 permanently revoked upon such third offense. 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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law REQUIRES the DMV to impose a suspension if they are notified under the State driver’s license compact.

If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.

With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege  for driving restored. You can read more about that program here. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information or you can learn more about it here.

Once the Connecticut DMV learns of an out of state conviction like the conviction from Tennessee, they will issue you a suspension notice for your Connecticut license.  You do have a right to fight the suspension.  The grounds for fighting the suspension are either you were NOT convicted of a DUI offense or you are not the person who was convicted.  Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension.  This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them.  Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time.  Unfortunately, even if Tennessee only imposes a shorter suspension period, Connecticut’s minimum is 1 year, so no matter what, that is the bottom line for suspensions of a Connecticut license.

Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in Tennessee you are not eligible to participate in that program.  You must have been arrested in Connecticut to take those classes.

One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license.  You may be required to have a hearing just to show the DMV this evidence.

If you are looking for a Tennessee DUI lawyer, Ruane Attorneys recommends  Attorney Marcos Garza . If you have a Tennessee DUI but are a Connecticut resident, please contact Connecticut DUI Lawyer Jay Ruane.

Posted on Tuesday, Apr. 1st 2014 | by James Ruane | in DUI Penalties | No Comments »

DUI Penalties for those Over 21

Getting a DUI can be frightening and difficult to come to terms with.  You might be wondering how you have ended up in the position you are in.  Along with the embarrassment of getting a DUI is the uncertainty of the DUI process and your DUI case.  If you don’t have experience with DUIs, you might be unsure as to the penalties that you are facing.  It is important to keep in mind that these penalties change based on how many offenses you have.  Even if you have been through the DUI process before, you will not be facing the same consequences, as penalties increase with every DUI offense.  Making yourself aware of the penalties that you face can help you understand the overall DUI process.

If you have been charged with your first DUI, you are generally looking at a fine and a suspension of your license.  Your fine will be between $500 and $1,000.  You will also receive a suspension of your license.  This will vary based on your blood alcohol content (BAC) and your DMV hearing.  If your BAC is under .08, your license will be suspended for 90 days.  If your BAC is .08 or higher, your license will be suspended for six months.  Lastly, you could face some jail time, even on a first offense DUI.  However, you will not face more than six months in jail.

If you are facing your second DUI offense, these penalties are increased.  You could face a fine of $1,000 to $4,000, and the prison time that you face could be increased to two years.  Your prison sentence can only be reduced by 120 days.  You will also face probation once you are released from prison.  You will also face a license suspension of one year.

A third DUI offense results in greater penalties.  You will face a fine between $2,000 and $8,000.  You could also face three years in jail.  Your probation will also include 100 hours of community service.  You will not have your license suspended at this point; it will just be permanently revoked.  You will not be able to get your license back, no matter how much time goes by.

Because of the severity of the penalties of getting a DUI, you want to do everything in your power to fight your accusation.  You can do this by building a strong defense in court.  The best way to have your DUI charge dropped is by hiring a DUI lawyer.  While this will cost you extra money, it could prevent you from facing jail time or extra fines.  Your lawyer may even get the charges dropped altogether.  Every DUI case is different, so discuss yours with a DUI lawyer as soon as possible.  Ruane Attorneys is a reputable criminal defense law firm that offers free consultation.  To contact Ruane Attorneys with questions or concerns, click here.

Posted on Friday, Mar. 28th 2014 | by James Ruane | in Court, DUI Impact | No Comments »

Region 3 State delegate Leader

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Attorney Jay Ruane has been names the district coordinator for region 3 of the National College for DUI Defense

 

Posted on Tuesday, Mar. 25th 2014 | by James O. Ruane | in Uncategorized | No Comments »

This is the logo for NCDD

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Posted on Tuesday, Mar. 25th 2014 | by James O. Ruane | in Uncategorized | No Comments »

Effects of a South Dakota DUI conviction for a Connecticut licensed driver

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Sometimes Connecticut residents travel to other states, like South Dakotafor business or pleasure and have the unfortunate luck to be charged with a DUI.  If this happens to you, you should first find a qualified DUI lawyer in South Dakota, but you should also be aware of how Connecticut’s DMV will treat you upon your return.

If you have been convicted of a DUI in South Dakota, you would be convicted of violating SDCL 32-23-1.

In South Dakota, the penalties for DUI can range depending on the number of prior DUI offenses you have.

First offense (BAC .169 or lower):  The penalties for this offense include a jail sentence of no more than one year and/or a fine of $2,000, and a 30 day license suspension.

First offense (BAC .17 or higher):  In addition to the punishments listed above, you will have to take a chemical dependency evaluation. 

 Second offense:  This conviction will result in a maximum jail sentence of one year and/or a fine of $2,000.

Third offense:  This is considered a felony.  Penalties include a maximum imprisonment of two years, a fine of $4,000, and a license suspension for one year.

Fourth offense:  Also a felony, a fourth offense will result in a jail sentence of no more than five years in a state penitentiary, a fine of $10,000, and a license revocation for three years.

If you are a Connecticut resident who has been charged with or convicted of DUI in South Dakota, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in South Dakota as set forth above.

After hiring a South Dakota DUI lawyer to help you fight your DUI, you should consider contacting a Connecticut DUI lawyer like our firm with experience in interstate DMV consequences or asking us to assist you in retaining one for your home state consequences.

The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for 1 year with a first offense conviction, and it will be more if this is not your first offense.

The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:

(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 one year; (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 perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 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 permanently revoked upon such third offense. 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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law REQUIRES the DMV to impose a suspension if they are notified under the State driver’s license compact.

If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.

With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege  for driving restored. You can read more about that program here. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information or you can learn more about it here.

Once the Connecticut DMV learns of an out of state conviction like the conviction from South Dakota, they will issue you a suspension notice for your Connecticut license.  You do have a right to fight the suspension.  The grounds for fighting the suspension are either you were NOT convicted of a DUI offense or you are not the person who was convicted.  Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension.  This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them.  Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time.  Unfortunately, even if South Dakota only imposes a shorter suspension period, Connecticut’s minimum is 1 year, so no matter what, that is the bottom line for suspensions of a Connecticut license.

Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in South Dakota you are not eligible to participate in that program.  You must have been arrested in Connecticut to take those classes.

One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license.  You may be required to have a hearing just to show the DMV this evidence.

Posted on Tuesday, Mar. 25th 2014 | by James Ruane | in DUI Penalties | No Comments »

Why Hire a DUI Lawyer?

Confused Older Student

If you have been charged with a DUI, you should start building a defense for yourself immediately.  However, you have many options when considering how to represent yourself in court.  You can hire a lawyer to help you, or you can represent yourself.  While people have been able to beat DUI cases on their own or with the help of a regular, courtroom lawyer, you best option is to hire a DUI lawyer to represent you.  DUI lawyers have a lot of experience with cases that are similar to yours, which means that hiring a DUI lawyer will give you the best chance of presenting yourself well in court and possibly getting a verdict of not guilty.

Hiring a DUI lawyer will help to take a lot of the strain of a DUI case off of your shoulders.  You will not have to worry about building a proper defense for yourself.  Instead, you can entrust that job to someone who has already been through many DUI cases, and knows how to build a good case.  A DUI lawyer has to stay up-to-date on the latest DUI laws and legislation to be passed.  A DUI lawyer can also cite previous DUI cases during your hearing, which can strengthen your case.

Because of their experience, DUI lawyers will be able to represent you confidently and appropriately.  DUI lawyers know what kind of questions to ask you about your DUI – how much you had been drinking that night, the way the cop addressed you, what the cop told you you had to do, etc.  Most importantly, DUI lawyers know tricks that the police might use in order to get you to submit to a BAC test or blood testThe correct procedure is something that you might not be aware of, and your DUI lawyer could be successful in getting the results of a BAC test you took thrown out of court.  This can only help your case.  The experience that DUI lawyers have with cases like yours will mean that you have a good chance of building a substantial case in court with the help of a such a lawyer.

Facing a DUI charge is no easy process.  You will probably feel guilty, frustrated, and most of all, confused.  While paying a lawyer might not seem like a good option, it really can take a lot of the stress off of you.  You can be sure that you are doing everything you can to win your DUI case and you can put your case in the hands of a professional.  DUI lawyers know exactly the right questions to ask and the right things to do to represent you in the best way possible.  Many law firms are also flexible with how and when you pay lawyer fees.  Discuss the fees involved with your DUI lawyer, as well as your payment options.  Many law firms, such as Ruane Attorneys, can also offer you a free consultation.  If you are interested in a free consultation with an attorney at Ruane Attorneys, click here.

Posted on Friday, Mar. 21st 2014 | by James Ruane | in DUI Lawyers, Ruane Attorneys | No Comments »

Effects of a South Carolina DUI conviction for a Connecticut licensed driver

state-flag-of-south-carolina_w128

Sometimes Connecticut residents travel to other states, like South Carolinafor business or pleasure and have the unfortunate luck to be charged with a DUI.  If this happens to you, you should first find a qualified DUI lawyer in South Carolina, but you should also be aware of how Connecticut’s DMV will treat you upon your return.

If you have been convicted of a DUI in South Carolina, you would be convicted of violating S.C. Code Ann. §56-5-2930.

In South Carolina, the penalties for DUI can range depending on the number of prior DUI offenses you have.

First offense:  A first offense DUI in the state of South Caroline will result in a fine of $400 or a jail sentence of 48 hours to 30 days.  48 hours of community service can substitute for the 48-hour jail sentence.  Your license will also be suspended for 6 months.

 Second offense:  This conviction carries with it a fine between $2,100 and $5,100, as well as a prison sentence of between five days and one year.  You will also lose your license for one year.

Third offense:  A third offense will result in a fine of between $3,800 and $6,300 and imprisonment for no less than 60 days and no more than three years.  In addition, your license will be suspended for two years.

Fourth/subsequent offense:  A fourth or subsequent offense is punishable by a term of imprisonment between one year and five years.  You will permanently lose your license by your fourth offense. 

If you are a Connecticut resident who has been charged with or convicted of DUI in South Carolina, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in South Carolina as set forth above.

After hiring a South Carolina DUI lawyer to help you fight your DUI, you should consider contacting a Connecticut DUI lawyer like our firm with experience in interstate DMV consequences or asking us to assist you in retaining one for your home state consequences.

The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for 1 year with a first offense conviction, and it will be more if this is not your first offense.

The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:

(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 one year; (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 perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 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 permanently revoked upon such third offense. 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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law REQUIRES the DMV to impose a suspension if they are notified under the State driver’s license compact.

If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.

With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege  for driving restored. You can read more about that program here. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information or you can learn more about it here.

Once the Connecticut DMV learns of an out of state conviction like the conviction from South Carolina, they will issue you a suspension notice for your Connecticut license.  You do have a right to fight the suspension.  The grounds for fighting the suspension are either you were NOT convicted of a DUI offense or you are not the person who was convicted.  Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension.  This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them.  Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time.  Unfortunately, even if South Carolina only imposes a shorter suspension period, Connecticut’s minimum is 1 year, so no matter what, that is the bottom line for suspensions of a Connecticut license.

Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in South Carolina you are not eligible to participate in that program.  You must have been arrested in Connecticut to take those classes.

One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license.  You may be required to have a hearing just to show the DMV this evidence.

Posted on Tuesday, Mar. 18th 2014 | by James Ruane | in DUI Penalties | No Comments »