Third Offense or Subsequent

A third or subsequent Waterbury DUI arrest is the most serious DUI situation that you can face in Connecticut. The penalties for a third or subsequent DUI are more serious than they are for a first or second DUI. Your driver's license can also be revoked if you face a 3rd or subsequent offense. Learn more here.

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3rd and subsequent DUI convictions are very serious, and by this point, courts, prosecutors, and judges can be unforgiving and unsympathetic. Just as the penalties for a second DUI get harsher, the same is for a third Waterbury DUI. Courts view 3rd and subsequent DUIs as something that makes a person a danger to others on the road and the community.

Third DUI Penalties

The consequences for a 3rd offense 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 the license is reinstated, driving privileges will only be for 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. 

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License Revocation

Connecticut law on license revocation has changed in favor of offenders, changing the six year revocation period to only two years. The commissioner has the authority to restore a person’s revoked license when that person becomes eligible, meeting the requirements for the commissioner to deem that person not a threat to public safety. Once the license is restored, and the driver has completed 15 years of driving with the ignition interlock device, the commissioner also has the authority to remove the interlock requirement after a hearing where good cause is shown. 

Persistent Offenders

The Connecticut statute on persistent DUI offenders is §53A-40F. The statute defines persistent offenders as someone who is 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. 

It should also be noted that for second, third, or subsequent DUI convictions, Connecticut law forces an offender to (1) submit to a drug or alcohol assessment through the court’s support services division and (2) undergo a treatment program if ordered to do so by the court. Higher prison sentences can be imposed for persistent offenders.

Someone that has a DUI on their record in a different state and then is charged with a DUI in Connecticut can be treated as a subsequent offender. Any DUI can also result in enhanced penalties when there are aggravating factors that accompany the DUI arrest, including:

  • DUI accidents 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. 

Help With a Third Waterbury DUI

Even just one DUI can have serious implications for a person’s life and can greatly affect a person’s livelihood, employment, and reputation. A 3rd or subsequent DUI can have very long-lasting effects that can interfere with obtaining employment, getting into school, obtaining professional licenses, and being financially stable. If you are facing a third or subsequent Waterbury DUI conviction, you will need a DUI attorney in your corner. 

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