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Menu
  • About
  • Pre-Arrest
    • Alcohol’s Impact on the Body
    • Am I Ok to Drive?
    • Implied Consent
      • Breath Testing
      • Draeger 9250
      • Refusing a Breathalyzer
    • Connecticut Police
      • The Phases of Police Detection
      • Initial Stops
    • National Standardized Field Sobriety Tests
      • Connecticut DUI Field Sobriety Tests
      • One Leg Stand Test
      • Walk and Turn Test
      • Horizontal Gaze Nystagmus Test
      • Unvalidated DUI Field Tests
      • Drug Tests at the Field
    • Drug Tests at the Police Station
    • Passengers in DUI
  • Court Process
    • Hiring a Lawyer
      • Why You Need a Lawyer
      • Finding an Attorney
      • Retaining an Attorney
      • How a Lawyer Helps
    • Connecticut DUI General Statutes
    • Open Container Laws
    • Underage Drinking Laws
    • Connecticut DUI Arrest
      • After DUI Arrest
    • DUI Basics
      • First Steps in DUI Case
      • Important DUI Cases
      • Common Defenses
      • How to Conduct Yourself in Court
    • DUI Case and Personal Injury Case
      • Getting Sued
      • DUIs and Hit and Runs
      • DUI and Additional Crimes
    • CT DUI vs. NY DWAI
    • Connecticut vs. Out of State DUI
      • Out of State DUI
      • What If I’m a Connecticut Resident?
      • Similarities and Differences
      • Fighting an Out of State DUI
      • Hiring an Out of State Lawyer
      • Out of State License Suspensions
      • DUI in Another Country
    • Boating Under the Influence General Statutes
    • The Criminal Court Process
      • Obtaining Documents
      • Filing Motions
      • Ways to Plead
      • People Involved in a DUI Case
      • How to Conduct Yourself in Court
  • DMV Process
    • DMV Information
    • The DMV Process for Connecticut DUI
    • Court Hearing vs. DMV Hearing
      • Burden of Proof
    • Driver’s License Points
    • Types of Driver’s License Suspensions
      • DMV Suspensions
      • Suspended License Reinstatement
  • DUI Consequences
    • Impact on CDL
    • DUI Penalties
    • Sentencing
      • Alternatives to Jail
      • Alcohol Education Program (AEP)
        • What is It?
        • Should You Apply?
    • DUI Impact
      • Impact on a Taxi Driving Career
      • Impact on a Bus Driving Career
      • Impact on Pilot Career
      • Impact on Doctor Career
      • Impact on Nursing Career
      • Impact on Teaching Career
      • Impact on a Military Career
      • Impact on College Career
    • Vehicle Confiscation
    • Car Insurance Issues
    • Elevated BAC
      • Elevated BAC Penalties
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      • Driving with a Suspended License
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    • What You Can’t Do After a DUI
    • Getting a Pardon
  • Drug DUI
    • Drug DUI vs. Alcohol DUI
    • Marijuana and DUI
    • Prescription Drugs and DUI
    • Drug DUI and Minors
    • Common Drug DUI Defenses
    • Drug DUI Penalties
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How Does Sentencing Work Within the Criminal Process?

If you are being sentenced for a DUI in Connecticut, you are likely frightened and unsure of what is to come. On this page, I discuss the sentencing process as well as the options that you have once a sentence has been determined. Not everyone knows this, but it is possible to appeal the court’s decision. So if you are sentenced, consider this option.

Sentencing

Appearing for sentencing could happen the same day if you face misdemeanor charges. The judge may sentence you to the maximum period of jail time allowable for the crime. Oftentimes prior to sentencing, the judge will order the probation department to conduct a pre-sentence investigation and report. This serves to provide the judge with a better understanding of your background. The probation department may suggest a certain way for the judge to structure the sentence. Or it could suggest certain penalties to include, such as community service and counseling. However, the judge ultimately decides the sentence.

Appeal

If convicted, you could make an appeal. But you must hire a lawyer to represent you for this new phase. The fee for an appeal lawyer usually differs from that of your trial lawyer. Many times people simply hire the trial lawyer for the appeal because they already have knowledge of the case. They have already conducted research on the exact issues in the appeal. The appeal only deals with legal issues, not factual issues. This means it isn’t a retrial. Your lawyer then will review the court transcript to find questionable issues, such as the inclusion of improper evidence by the state or incorrect instruction on the law to the jury by the judge.

The appeal gets filed within a few months and then the state has time to file a brief in opposition. The case is then argued in front of a panel of three judges in Hartford, in which witnesses are not presented and a time limit is instituted for both sides. After the case is argued, the judges release a written decision, which either affirms the guilty verdict, or reverses the decision and a retrial begins. In rare circumstances, the reversal will complete the case and there will not be a retrial. If the original decision is affirmed however, your lawyer may appeal for review by the Supreme Court.

Getting Help

If you face a Connecticut DUI or want to appeal the court’s decision, it is in your best interest to hire a DUI defense lawyer like me. I can assist you through this process and make sure that you are not taken advantage of by the criminal justice system.

ATTORNEY TERESA DINARDI

My name is Teresa, and I am a DUI lawyer, but that is only part of who I am. I have been practicing law in Connecticut since 2006.

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