Penalties

Getting a 3rd DUI arrest is very serious. The court is not very sympathetic the third or subsequent time an offender is in front of them for the same offense. Just as the penalties for a second DUI get much steeper, the consequences of a third or subsequent DUI charge are even more severe. At this point, the courts look at 3rd and subsequent DUIs as something that makes that offender unsafe to be driving on the road. 

Third DUI Penalties

The consequences for a 3rd of subsequent DUI are as follows: 

1. Up to three years incarceration, with a mandatory minimum of one year and probation with 100 hours of community service. 
2. A $2,000-8,000 fine. 
3. License revocation until the offender reaches eligibility for reinstatement after two years. If reinstated, driving privileges are only allowed with the use of a vehicle equipped with an ignition interlock device for as long as the offender drives, or the requirement is lifted by the commissioner after 15 years. 

Your License

The commissioner will restore a revoked license upon eligibility only after a determination is made that that person is not a danger to public safety and has met all the requirements of reinstatement, including a rehabilitation program, interlock device installation, and other mandates. If the driver’s license is restored and the driver has completed 15 years of driving with the ignition interlock device, the commissioner may remove this requirement after a hearing where good cause is shown. 

Connecticut has a statute for persistent DUI offenders, which is §53A-40F. This statute states that a person is considered a “persistent operating under the influence felony offender” if that person (1) is convicted of 2nd-degree manslaughter or assault with a motor vehicle, and (2) has been convicted of either of these offenses, DUI, or substantially similar offenses in other states in the past 10 years. The court has the authority to impose higher prison sentences for persistent offenders. A person who has been convicted of a DUI in a prior state and then is charged with a subsequent DUI in Connecticut will be treated as a subsequent offender. 

Any DUI, including 3rd and subsequent DUIs can result in enhanced penalties if there are aggravating factors, including: a DUI accident that resulted in serious bodily injury or death, a BAC of more than double the legal limit, endangerment of a child, driving with a suspended or revoked license, fleeing the scene of an accident, resisting arrest or fleeing law enforcement, refusal to submit to the breath, blood, or urine test. 

The takeaway is that even just one DUI can seriously impact a person’s life, but getting a third or subsequent DUI can have serious implications that make it more difficult to obtain employment, get into school, obtain professional licenses, and that person must also live with the financial burden and reputational damage. If you have been charged with your third or subsequent DUI, you will need an attorney in your corner to advocate for you and help you obtain the best result possible.