A third DUI within ten years is a felony charge that poses a significant risk to your freedom. A third or subsequent conviction could lead to a mandatory jail sentence and permanent revocation of your driver’s license.
If you were arrested for a third-time DUI in New Britain, contact a local attorney immediately. At Ruane Attorneys, we can review the circumstances of your arrest and use every available defense to help you avoid a conviction.
What Counts as a Prior Conviction?
Convictions from more than ten years ago do not count toward the DUI conviction count. If an arrest resulted in a prosecutorial dismissal or acquittal at trial, it does not count toward total convictions, no matter when it happened. Our New Britain attorneys can work to ensure old offenses or prior DUI acquittals are not counted in a current case.
However, impaired driving offenses in other jurisdictions during the past ten years could count toward a conviction total. A judge would analyze the statute in the other jurisdiction to determine whether both laws criminalized the same behavior. If so, the conviction would count.
Several other offenses involving impaired driving in Connecticut count toward the conviction total. For example, transporting a child with an elevated blood alcohol content under Connecticut General Statutes (CGS) §14-227m counts as a prior offense. Manslaughter with a motor vehicle (CGS 53a-56b) and assault with a motor vehicle (CGS 53a-60d) may also count toward the DUI conviction total.
Penalties for a Third Drunk Driving Offense in New Britain
The sentence upon a conviction for a third or subsequent drunk driving offense is a three-year prison term, of which the defendant must serve one year. In addition, they must pay a fine between $2000 and $8000 and complete probation. The probation includes at least 100 hours of community service and cooperation with a drug and alcohol evaluation. The defendant must complete substance abuse treatment if it is recommended.
Administrative penalties include a permanent revocation of the driver’s license. The driver could apply to get their license restored after two years but must demonstrate they no longer pose a danger. A New Britain attorney could help a person convicted of a third-time DUI make a case for reinstatement.
Aggravated Penalties for a Repeat DUI
When the arrest resulted from a crash, especially if the other driver was seriously hurt, a judge might find aggravating factors and could increase the penalties. Other potentially aggravating circumstances include the following:
- Leaving the scene of an accident
- Driving with a BAC exceeding .16
- Fleeing a police officer
- Refusing a chemical test
Defending a Third DUI Charge
Anyone facing a third DUI charge must mount a vigorous defense. Challenging the quality of the prosecutor’s evidence could prove effective in some cases.
For example, if the police conducted a field sobriety test, a lawyer at our firm could question the officer’s judgment and competence. An attorney could bring up issues around the collection, analysis, and chain of custody of body fluids for chemical tests. Challenging the legality of the underlying traffic stop could be effective if the police did not have reasonable suspicion of a crime.
Our attorneys in New Britain could question every aspect of the third-time DUI case. An aggressive defense could expose a weakness in the evidence and convince a prosecutor not to move forward.
Rely on a New Britain Attorney to Defend a Third DUI Charge
If you already have two or more DUI convictions, a third could expose you to significant penalties. You need aggressive legal representation to protect your freedom.
Ruane Attorneys is prepared to represent you and prevent the penalties of a third-time DUI in New Britain. Call our firm today to discuss your case.