All accusations of driving under the influence of drugs or alcohol are serious, especially if you have prior convictions. A third-time DUI in New Haven is a felony charge with a lengthy mandatory jail sentence upon conviction. In addition, the court must revoke your driver’s license.
Contacting a lawyer at Ruane Attorneys is the first step in pursuing a positive outcome in your case. Our legal team can explain what a prosecutor must prove to obtain a conviction under the state’s DUI laws. We can also work to show that a prior conviction may not count towards an accumulated charge.
The DUI Laws in New Haven
All DUI allegations in Connecticut will proceed under the state’s core DUI statute, regardless of the defendant’s prior criminal history. This statute is listed under Connecticut General Statute § 14-227a, which states that operating a motor vehicle on a public roadway under the influence of drugs or alcohol is illegal.
Most DUI cases revolve around a driver’s supposed consumption of alcohol. According to the statute, a person is per se intoxicated when they have a blood/alcohol content (BAC) level of .08 percent or more. Police officers suspecting drunk driving can demand that a driver submit to a blood, breath, or urine test to check their BAC.
However, even if a driver refuses to submit to this test or a test does not meet this threshold, a police officer may still make an arrest. This is because the statute also says that it is illegal to drive while under the influence of alcohol. This determination largely depends on an arresting officer’s observations and opinions of a driver’s level of impairment. Our local attorneys can further explain the DUI laws and how they may apply to a third-time charge.
Penalties for a Third-Offense DUI
Most examples of DUIs in New Haven are misdemeanors. While a conviction can still result in some jail time and a temporary loss of license, a driver can eventually make amends and move forward with their life.
Third-time DUI cases in New Haven are a different matter. The law classifies these events as felonies, meaning that a conviction will likely be on a person’s criminal record for the foreseeable future. Additionally, the law prescribes severe punishment for convictions, including:
- A jail sentence of between 365 days and three years
- A total revocation of a person’s driver’s license
- Two years of probation
- 100 hours of community service
- Installing an ignition interlock device for two years if a person regains their license
- Participation in a drug or alcohol screening program
Defending Against Repeat DUI Penalties
Our New Haven attorneys fight to prevent the penalties for a third-time DUI offense. For one, we could challenge the core evidence of the driver’s supposed intoxication. This can involve questioning the accuracy of tests used to measure a person’s BAC level or challenging an officer’s presumptions about a driver’s mental and physical state during a traffic stop.
Our legal team could also argue that prior DUI convictions should not count as previous cases when determining the severity of the charge. Those facing a third DUI charge should consult our local attorneys on a tailored defense strategy.
Defend a Third-Time DUI with a New Haven Attorney
Accusations that you have driven under the influence of drugs or alcohol for the third time are severe matters. State law says that convictions must result in at least one year in jail and a loss of license for the foreseeable future. When evaluating these cases, prosecutors can review the past ten years of your criminal record to see if you have prior convictions. It is vitally important to fight back against these allegations.
A lawyer could help defeat a prosecutor’s charge involving a third-time DUI in New Haven. A strong defense could involve contesting the facts at the core of the case and challenging the idea that the state’s multiple DUI laws apply. Call Ruane Attorneys now to get started on your case.