Prosecution

Second DUI offenses are taken very seriously by the court system in the state of Connecticut and prosecution can be serious. Connecticut has the second-highest incarceration terms for DUI convictions and has one of the most severe sets of penalties for DUIs, including high fines, long license suspensions, substance abuse treatment programs, and ignition interlock device requirements. There is the definite possibility of having to serve part or all of a jail sentence after being convicted of a second offense DUI. You can learn more about the prosecution for a 2nd Connecticut DUI on this page.

Also, keep in mind that Connecticut will consider a DUI a second offense, even if the first offense occurred in a different state, so long as it was within the last 10 years. Any DUI arrest that occurs within 10 years of a prior DUI will be considered a second offense. You would be subject to second offense prosecution in this case.

Second DUI Penalties and Possible Prosecution

A second offender faces up to two years incarceration, with a mandatory minimum of 120 consecutive days and probation. In some cases, however, this sentence could be suspended after serving some time or suspended altogether. This means that if a defendant is sentenced to 120 days in jail, the sentence could be suspended after even just one day, so the defendant could serve one day and the remaining sentence on probation. This is all left to the discretion of the prosecutors and the judges. Serving at least some jail time is almost always a result of a second DUI offense.

Aggravating Factors

Some factors, called aggravating factors, could make second offense DUIs even more serious and could result in longer jail time. Some aggravating factors are:

• DUIs that result in a car accident where other people were injured.
• Breathalyzer results that are over .16%.
• DUIs that result in the defendant fleeing from the accident scene or from the police.
• Other DUIs that occurred over 10 years ago.
• A DUI in conjunction with other offenses like assault or interfering with law enforcement.
• Whether there were children in the vehicle at the time of the DUI.

In addition to these aggravating factors, there are additional penalties for DUI charges with a BAC of .16% or higher and additional penalties for a BAC refusal. Prosecutors will almost always take these aggravating factors into consideration when negotiating and forming plea offers.

Prosecution

Many times prosecutors will be lenient in prosecuting a first DUI offense, offering defendants participation in a diversionary program in exchange for a dismissal when the defendant is eligible. However, a second DUI offense bars eligibility for this program. Therefore, second DUI offenses will lead to a conviction that remains on a person’s criminal history and will appear on a background check. However, a second offender may be able to apply for a pardon to have the conviction removed from their criminal history after a period of time has passed.

For help defending yourself against a second DUI charge and making sure that your rights are not violated, contact us. We are happy to provide more resources and help you through this process.