Judges and prosecutors have a large amount of discretion to offer plea deals and also sentence a defendant after being convicted of a 2nd DUI offense. On this page, you can learn more about second DUI sentencing factors in Connecticut and what to do if you face a second DUI charge.
There are many different factors that a prosecutor and a judge look at in determining how serious the offense was, how likely the defendant is to re-offend, and ultimately, how much punishment is needed to keep the community safe, punish, deter, and whatever else factors into this decision of sentencing.
Second DUIs are much more serious than first offense DUIs because prosecutors will be much less sympathetic that this may have been a one-time mistake. The defendant is now a repeat offender and has now shown a repetition of the same behavior, which was not corrected by the court’s prior sentencing given. The result of this belief is that prosecutors and judges seek to impose more serious penalties in an effort to get through to the offender and prevent this behavior from recurring for a third time.
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One factor that will be considered is the intoxication level shown by the blood alcohol content (BAC) test. In cases where the defendant consented to the breathalyzer test and blew a .16% or higher, judges will be much harsher because this is considered a very high BAC. Under the law, this is considered an elevated BAC. On the other hand, if the defendant only blew a .08%, right above the legal limit, the judge may be swayed to be more lenient. However, in any cases where the defendant is under the age of 21 and had a BAC of over .02%, the judge will consider the defendant’s age in the sentencing.
Aggravating factors will also play a part in the sentencing imposed on a 2nd DUI offender. One factor that can greatly increase the penalties is when there are children in the vehicle at the time of the DUI. Another factor is when there are other crimes committed by the defendant in conjunction with the DUI incident, such as evading or assault. The most serious aggravating factors are when there are car accidents during the DUI that result in death or serious injury to other drivers, passengers, or pedestrians.
As you can see, the penalties for a second DUI in Connecticut can be severe. A judge will take all of the above information into consideration to determine an appropriate punishment for the offender that will ensure the safety of the community and deter the offender from getting a third DUI down the line. If you face a second DUI charge, you need the help of a DUI lawyer to make sure that your rights are protected and to fight for you. Contact my office to learn more about what we can do to help you.
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