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

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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 »

Expulsion due to DUI in Private School

Public schools and private schools are extremely different.  Private schools operate by their own rules because they do not receive federal funding.  As a result, private schools do not have to follow certain overarching school rules that public schools have to follow.  This is especially visible in the expulsion rules of any given private school.  While all private schools are different, they tend to take student DUIs extremely seriously.  If you are a private school student what have received a DUI, is not guaranteed that you will be expelled from your school.  However, depending on your contract with the school, it is a very real possibility.

Whereas in public schools, where federal and state laws make rules concerning school discipline, including expulsion, private schools operate on their own funding and therefore, their own set of rules.  This means that each private school determines its own rules concerning student discipline.  Parents will sign a contract with the school, and in this contract, rules about discipline and expulsion can be found.  The contract that you have with your private school might state that a DUI will lead to an automatic expulsion, or the guidelines might be more vague.  You might be allowed to present your case at a discipline hearing, and then a group of teachers or the headmaster of the school will decide your punishment.

Angry Boss

While you might not automatically be expelled from your private school if you receive a DUI, your private school does have a right to expel you.  That could be a consequence that you face.  If you are charged with a DUI, you should review the school contract that your parents signed.  It will usually be up to the school to decide if you should be expelled based on your personal case.  If you can present your side of the story to your school, you should do so.  This is an important opportunity, so take it seriously.  Explain to the school what happened and how you are planning to make positive changes in your life.  If the school hears this, they will be more likely to reduce your punishment from expulsion to suspension, or another similar punishment.  For legal advice concerning your hearing or your school contract, you can contact Ruane Attorneys here.

Posted on Friday, Mar. 14th 2014 | by James Ruane | in DUI Impact, Ruane Attorneys | No Comments »

Effects of a Rhode Island DUI conviction for a Connecticut licensed driver

Sometimes Connecticut residents travel to other states, like Rhode Island, for 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 Rhode Island, 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 Rhode Island, you would be convicted of violating section 31-27-2  of the Rhode Island statutes.

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

First offense (BAC .08-.1):  This offense carries a $100-$300 fine, imprisonment for up to one year, 10-60 hours of community service, and a license suspension for 30-180 days.

First offense (BAC .15 or higher):  This conviction will result in a fine of $500, a jail sentence for up to one year, 20-60 hours of community service, an a license suspension from 3-18 months.

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Second offense (Unknown BAC or BAC .08-.15):  This conviction will result in a fine of $400, a license suspension for 1-2 years, and a minimum jail sentence of ten days (maximum sentence of one year).  Once your license is reinstated, you must install an ignition interlock system on your vehicle for two years, or your vehicle will be on probation for two years.

Second offense (BAC .15 or higher):  This conviction carries a fine of $1,000, a license suspension of two years, and a jail sentence of no less than six months, but no more than one year.

Third offense (BAC unknown or .08-.15):  The penalties for this offense are a fine of $400, a license suspension for two to three years, and a minimum jail sentence of one year (the maximum sentence is three years).  Your motor vehicle will also be on probation for two years unless you have an ignition interlock system installed for two years after your license is reinstated.

Third offense (BAC .15 or higher):  The penalties for this offense are imprisonment for at least three years, but no more than five, a fine from $1,000-$5,000, and a license suspension for three years.

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

After hiring a Rhode Island 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 Rhode Island, 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 Rhode Island 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 Rhode Island 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. 11th 2014 | by James Ruane | in DUI Penalties | No Comments »

Local Courthouse Lawyer vs. Connecticut DUI Lawyer

lawyer in the office

Being charged with a DUI can be a confusing and devastating event for you and your family.  You might be feeling shame, guilty, anger, and frustration.  The good news is that you do not have to face the difficulty of a DUI case by yourself.  There are several things that can be done in order to make your case less stressful for you and your family.  The best thing that you can do if you are charged with a DUI is to hire a DUI lawyer for yourself.  There are many differences between a local courthouse lawyer and a DUI lawyer, and if you have been charged with a DUI, you will have the best chance of winning your case if you hire a lawyer who has experience with cases that are similar to yours.

If you are charged with a DUI, it is important to contact a DUI lawyer.  While you can hire a regular courthouse lawyer, this is not in your best interest.  The average lawyer does not take many DUI cases, which means that your local courthouse lawyer will not have a lot experience with cases that are like yours.  It is not a regular lawyer’s job to stay up-to-date on the latest cases and laws concerning DUIs.  This gives both you and your lawyer a disadvantage before ever stepping foot in the courtroom.  If you want to be confident in your lawyer and have a reasonable chance of winning the case, you should look into hiring a DUI lawyer.

DUI lawyers concentrate in cases just like yours.  They are always aware of evolving legislation concerning DUIs, and may have even been a part of drafting certain DUI laws.  In addition, DUI lawyers have a lot of practice in the courtroom, specifically for DUI cases like your own.  DUI lawyers will know what has and has not worked in the courtroom in the past.  While this does not mean that you will definitely win your DUI case, it is safe to say that your chances of winning are best if you hire an experienced DUI lawyer.

If you have been charged with a DUI, your best bet at winning your case is to hire a DUI lawyer.  However, it is important to keep in mind that not all DUI lawyers are the same.  Make sure that you research your lawyer’s reputation and statistics in the courtroom.  Many lawyers will offer you a free consultation, so take advantage of this opportunity.  Ask any questions that you have during this consolation, and get a feel for what kind of a lawyer you are dealing with.  If you feel that the lawyer you are meeting with is not right for you or your case, keep looking until you find someone that you are comfortable with.  While you will have to deal with lawyer fees, many firms are flexible with how and when you pay.  If you are searching for a way to make the DUI process easier, definitely consider hiring a DUI lawyer.  Ruane Attorneys concentrates in DUI cases.  For a free consultation with an experienced DUI lawyer, click here.

Posted on Friday, Mar. 7th 2014 | by James Ruane | in Ruane Attorneys | No Comments »

Effects of a Pennsylvania DUI conviction for a Connecticut licensed driver

Sometimes Connecticut residents travel to other states, like Pennsylvaniafor 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 Pennsylvania, 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 Pennsylvania, you would be convicted of violating 75 Pa. C.S. Section 3802 of the Pennsylvania statutes.

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

First offense (BAC .08-.099):  The penalties for this offense include probation for a maximum of six months, required AHSS, CRN, and possible D&A, and a fine of $300.  You will not receive a license suspension nor will you have to serve jail time for this offense.

First offense (BAC .10-.159):  This conviction will result in mandatory imprisonment for at least 48 hours and as long as six months, a fine of $500-$5,000, required AHSS, CRN, and D&A, and a license suspension for 12 months.

First offense (Refusal to give breath or blood sample, or BAC .16 or higher): This offense will result in at least 72 hours spent in jail, and up to six months of imprisonment, a fine of $1,000 to $5,000, required AHSS, CRN, and D&A, as well as a license suspension for one year.

Second offense (BAC .08-.099):  The penalties for this offense are 5 days to six months in prison, a fine of $300 to $2,5000, required D&A, AHSS, and CRN, a license suspension for one year, and the installment of an ignition interlock device on your vehicle for one year.

Second offense (BAC .10-.159):  You must serve at least 30 days in prison, although your jail sentence will not exceed 6 months, and you will have to pay a fine of $750 to $5,000.  In addition, your license will be suspended for one year, and CRN, AHSS, and D&A will be required.  You must also install an ignition interlock device on your vehicle for 12 months after your license is reinstated.

Second offense (Refusal or BAC .16 or higher):  This conviction will result in a 90 day to 5 year jail sentence, a fine of $1,500-$10,000, required CRN, AHSS, D&A, a license suspension for one year, and the installation of an ignition interlock device on your vehicle for one year.

Third offense (BAC .08-.099):  This offense will result in a mandatory jail sentence of ten days, although this jail sentence will not exceed two years.  You must also pay a fine of $500-$5,000, your license will be revoked for one year, CRN and D&A will be required, and you must install an ignition interlock device on your vehicle for one year.

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 Third offense (BAC .10-.159):  If you are convicted of this crime, you will serve a mandatory 90-day imprisonment, and your jail sentence can last for up to five years.  You must also pay a $1,500-$10,000 fine, your license will be suspended for eighteen months, and once this suspension is over, you must have an ignition interlock device installed on your vehicle for one year.  In addition, CRN and D&A are required.

 Third offense (BAC .16 or higher, or refusal):  This offense will result in a one to five year imprisonment, a fine of $2,500-$10,000, a license suspension for eighteen months, and CRN and D&A will be required.  You will also be required to install an ignition interlock device on your vehicle for one year after your license is reinstated.

 Fourth offense (BAC .08-.099):  You must serve at least ten days in prison, and your sentence can last for up to two years.  In addition, you must pay a fine of $500-$5,000, your license will be revoked for one year, and CRN and D&A will be required of you.  You must also install an ignition interlock device on your vehicle for one year after your license is reinstated.

Fourth offense (BAC .10-.159):  This conviction carries a mandatory imprisonment of one year, which could last for up to five years, a fine of $1,500-$10,000, a license suspension for eighteen months, and required CRN and D&A. You will also be required to install an ignition interlock device on your vehicle for one year after your license is reinstated.

Fourth offense (Refusal, or BAC .16 or higher): This conviction carries a mandatory imprisonment of one year, which could last for up to five years, a fine of $2,500-$10,000, a license suspension for eighteen months, and required CRN and D&A. You will also be required to install an ignition interlock device on your vehicle for one year after your license is reinstated.

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

After hiring a Pennsylvania 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.

Posted on Tuesday, Mar. 4th 2014 | by James Ruane | in DUI Penalties | No Comments »

Should I Tell My Boss About My DUI?

Confused Older Student

Discussing a DUI can be embarrassing and painful.  If you have been convicted of a DUI, you might be tired of explaining what happened to your friends and family.  However, the question of whether to talk to your boss about your DUI is an important one that you should consider carefully.  Although you might not want to talk about the DUI, depending on your job and your contract, you might have to inform your boss of your DUI.  This article will help you to determine if you have to tell your boss about your DUI, and if you don’t have to, if it is in your best interest to tell him or her about it anyway.

In most cases, you will not be required to tell your boss that you have received a DUI.  However, each job and job contract is different, so think back to your contract.  For instance, if you are a pilot, you will definitely have to inform your employer of your DUI because this is in your contract.  If you are performing another job where in your contract it states that you have to inform your boss of any crimes or arrests, you will have to do so.  Not telling your employer about your DUI can result in employment sanctions or even the termination of your job.  In order to avoid these consequences, be sure to alert your boss to your DUI as soon as it happens.

If your contract does not say that you have to tell your boss about your DUI, you are under no obligation to tell your boss about your DUI.  However, if your boss asks you about your criminal history or if he or she specifically asks you if you have recently gotten a DUI, it might be in your best interest to tell the truth.  Lying to your boss will seem irresponsible and could affect your job security.  It is best to be open about the mistakes that you have made and seek to prove that you are still a good employee.

Your decision to tell your employer about your DUI conviction will depend on both your job and what your job contract looks like.  In some cases, for instance if you are a teacher, a truck driver with a commercial license, or a pilot, you will have to inform your employer of your DUI conviction.  However, if your job contract does not say that you have to inform your boss of your conviction, you will not be forced to.  Regardless, it still might be a good idea to tell your boss about the DUI.  You will have to determine if for your individual case it is the best idea for you to tell your boss about your DUI.  If you are unsure as to your best course of action, contact Ruane Attorneys here for free legal advice.

Posted on Friday, Feb. 28th 2014 | by James Ruane | in Uncategorized | No Comments »

Effects of an Oregon DUI conviction for a Connecticut licensed driver

state-flag-of-oregon_w128

Sometimes Connecticut residents travel to other states, like Oregon  for 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 Oregon, 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 Oregon, you would be convicted of violating section 813.010 of the Oregon statutes.

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

First offense:  In addition to any other sentence that a Judge sees fit to impose, this offense is punishable by a fee of at least $1,000.

Second offense: In addition to any other sentence that a Judge sees fit to impose, this offense is punishable by a fee of at least $1,500.

Third offense: In addition to any other sentence that a Judge sees fit to impose, this offense is punishable by a fee of at least $2,000.

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

After hiring an Oregon 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 Oregon, 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 Oregon 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 Oregon 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, Feb. 25th 2014 | by James Ruane | in DUI Penalties | No Comments »

CT DMV Hearing Locations

If you have been charged with a DUI, you will have to appear both in the Connecticut Superior Court and at a DMV hearing.  If you do not schedule a hearing with the DMV, your license will automatically be suspended and you will not be able to drive in the state of Connecticut.  You can schedule a DMV hearing at the following locations:

Bridgeport

Wethersfield

Old Saybrook

Waterbury

Posted on Friday, Feb. 21st 2014 | by James Ruane | in Uncategorized | No Comments »

Effects of an Oklahoma DUI conviction for a Connecticut licensed driver

state-flag-of-oklahoma_w128

Sometimes Connecticut residents travel to other states, like Oklahoma for 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 Oklahoma, 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 Oklahoma, you would be convicted of violating 47 O.S. Section 902-1 of the Oklahoma statutes.

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

First offense:  The penalties for a first offense in the state of Oklahoma are imprisonment for up to six months and a fine of $100-$500.

First offense (BAC .08-.14):  This conviction will result in a jail sentence of 0-30 days, a $750 fine, and victim compensation.

Aggravated first offense (BAC .15 or higher):  The penalties for this offense are 10 days to 1 year in jail, 28 days of inpatient treatment, 480 hours of community service, supervision for one year, and the installation of an ignition interlock device on your vehicle for a minimum of 30 days.

 Second offense:  This conviction carries a 1-5 year prison sentence, a fine of up to $2,500, and DUI assessment/treatment.

Third offense:  This conviction will result in a 1-7 year prison sentence with 10 days as an inpatient, a fine of $5,000 or less, 240 hours of community service, the installation of an ignition interlock device on your vehicle, and DUI assessment.

Fourth offense:  The penalties for this offense are a 1-10 year prison sentence with at least ten days as an inpatient, a fine of $5,000 or less, 480 hours of community service, the installation of an ignition interlock device on your car, and a DUI assessment.

If you are a Connecticut resident who has been charged with or convicted of DUI in Oklahoma, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in Oklahoma 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 Oklahoma, 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 Oklahoma 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 Oklahoma 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 have an Oklahoma DUI but are a Connecticut resident, please contact Connecticut DUI Lawyer Jay Ruane to help you fight your conviction.  Ruane Attorneys also recommends Attorneys John HunsuckerBruce Edge, and Josh Lee   if you are in need of assistance from an Oklahoma DUI lawyer.

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

DUI Impact on College Athletes

American Football with Goal Posts

DUI convictions affect people in a variety of ways.  DUIs can affect your financial standing as you will have to pay fines or lawyer fees.  A DUI conviction will also undoubtedly affect your emotional health, due to both the immense stress you will face during the court hearings and the consequences of your sentencing, as well as the personal turmoil that comes with facing a DUI charge.  Regardless, DUI consequences can be more severe if you are a college athlete.  College athletes who are convicted of DUIs can face lengthy suspensions or even dismissal from their sport.  The repercussions of dismissal from a college sport can be enormous.

Many college athletes who have been convicted of DUIs face serious consequences.  This is due in part to the public nature of college sports.  If you bring bad press to your team and go without punishment, it will reflect poorly on your team’s image.  Furthermore, by driving under the influence, you will break a sobriety contract that you signed while in season.  Clearly, breaking this contract will lead to punishment.

In some cases, college athletes who are caught driving under the influence will be dismissed from their teams.  This can have severe consequences.  If you are a college athlete with a sports scholarship, this scholarship will be taken away if you are kicked off of your team.  Depending on your financial standings, this could lead to your inability to pay for college on your own.  As a result, you might have to take out large loans or even drop out of college.  Another major consequence of being dismissed from your college team is the affect that it could have on your future career.  If you are no longer playing a sport at the college level, your chances of being scouted and drafted onto a major league team are severely lowered.  Lack of publicity through college sports can also lower your chances of playing on a major league sports team.  This means that a DUI can potentially end your sports career before it even starts.

While the consequences that a college athlete faces after being charged with a DUI will differ from school to school, the consequences can be extremely severe.  Your entire career can be jeopardized if you are suspended or kicked off of your team.  It is important to do everything you can to keep yourself from being dismissed from your sports team.  Consulting a DUI attorney could help you to understand your case better and can help you prepare for a hearing within your school about the actions that your sports team will take.  If you have concerns about your case, contact Ruane Attorneys here.  It is important to be proactive when dealing with a DUI case if you are a college athlete so as to ensure that the damage done to your career -whether academic or professional – is minimal.

Posted on Friday, Feb. 14th 2014 | by James Ruane | in DUI Impact | No Comments »