DWI - 2nd time or what?

[cathair44]

What is the name of your state? CT
Friend arrested for DWI in Nov.2007. He had a previous DWI over 20 years ago. He completed the pretrial alcohol education program so it was wiped from his record. Had another DWI arrest over 10 years ago. Lawyer got it reduced to reckless driving. Clean record until last month. He failed field sobriety test and refused breatholyzer. He has an attorney. Will probably lose license for 6 months, but is afraid of jail time. What can he expect?

[FlyingRon]

Refusal is an automatic suspension for six months.

Refusal will not eliminate the possibility of a DUI conviction

First offense DUI (most likely what he has) gets a 6 month sentence suspended in lieu of eithe 48 hour in jail or 200 hours of community service. $500-1000 fine.

The twenty year old conviction (even if not wiped out) is too old to be considered.
The ten year old conviction might fall in the lookback period, but since it was a reckless driving, it won't cause him to be considered as the second offense.

Of course, the history is probably there, so the judge may not choose to be lenient.

The answer, as he obviously learned before, is to get a good lawyer.

[cathair44]

Can he apply for a limited license for driving to and from work? Do they still issue these?
What about ignition interlock devices?

[sked]

I think - I am not a lawyer - but CT. says you can apply for the pre trial alchohol class if you have not had another D.U.I. or used the pre trial class in any state in the last 10 years. Check the CT. state stautes web site for this (Google CT statutes). Do this before taking any advice from this site. I say this because very few posts on this site are from CT. posters. I am not trying to bash anyone here but I'm from CT. and have had a D.U.I here and have done alot of reading on the CT. statutes web site. Good Luck.

[sked]

It is 100 hours community service - not 200 - instead of 48hrs - 6months jail time.

[sked]

sorry to keep posting - I think the refusal makes it so he can't get a restricted license for at least 3 to 6 months. Like I said before search the CT statutes on Google or call a laywer.
Good Luck

[FlyingRon]

Originally Posted by sked

It is 100 hours community service - not 200 - instead of 48hrs - 6months jail time.

Correct, that's was a typo on my part.

[Pete Moss]

Originally Posted by cathair44

What is the name of your state? CT
Friend arrested for DWI in Nov.2007. He had a previous DWI over 20 years ago. He completed the pretrial alcohol education program so it was wiped from his record. Had another DWI arrest over 10 years ago. Lawyer got it reduced to reckless driving. Clean record until last month. He failed field sobriety test and refused breatholyzer. He has an attorney. Will probably lose license for 6 months, but is afraid of jail time. What can he expect?

Subpoena the prior driving records from the Sec'y of State[s] - 'cause that is what any responsible DA might do, and show the judge.

10-year driving records, and certified copies as such are available online from Pennsylvania's PennDOT for around 5 - $10.

-Pete Moss