Friday, March 28, 2008

Driving while Intoxicated

First Time Offender – (Alcohol Education Program)

In the State of Connecticut an arrest for driving while intoxicated is defined in Connecticut General Statute 14-227a. If you are reading this article then I shall assume that you have and at least heard of the handcuffing, breathalyzer and/or blood/urine screening and incarceration for the sobering up period.

The Alcohol Education Program is a diversionary program available to, typically first time offenders, to avoid the consequences stemming from a conviction. This diversionary program permits that offender to attend classes designed to educate the offender on the dangers of driving after having consuming to much alcohol. Typically, after one year after successfully completing the classes the case is dismissed.

But, the fun is not over with the trip the criminal court – your driving privilege may be subject to suspension. Generally, that loss will amount to ninety days but you are given an opportunity to have a per se department of motor vehicle hearing to determine whether the proper protocol were followed when your initial arrest was made. What occurs at this DMV hearing has no bearing on your separate and distinct criminal matter. FYI the suspension rendered by the Department of Motor Vehicle may be in addition to any suspension rendered by the criminal court.

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