2 DUIs

[Newyork2050]

In ct there is no dropping a misdemeanor down to a violation doing programs like ny? And because I got a DWAI in NY and then a DUI in CT can this result in a felony in anyway thank you?

 

[HighwayMan]

In ct there is no dropping a misdemeanor down to a violation doing programs like ny?

What programs? What are you talking about? I know of no such "program".

 

[FlyingRon]

What programs? What are you talking about? I know of no such "program".

I suspect he's talking about getting a DUI plea bargained to a DWAI (which was mentioned in the other thread he was kicked out of). DWAI for alcohol alone is only an infraction.

 

[HighwayMan]

Ah. It's called plea bargaining and not a "program".

Oh, and not to pick nits, but DUI doesn't exist in NY. Here it's DWI.

 

[HighwayMan]

DWAI for alcohol alone is only an infraction.

Yes, it's a traffic infraction but it is still an "alcohol-related offense" which means that penalties are increased for either another DWAI or a DWI if occurring within certain time limits.

The fact that it's "only" a traffic infraction does not make it a meaningless offense. I know that wasn't your meaning, but one could interpret your post that way.

 

[FlyingRon]

Yes, it's a traffic infraction but it is still an "alcohol-related offense" which means that penalties are increased for either another DWAI or a DWI if occurring within certain time limits.

The fact that it's "only" a traffic infraction does not make it a meaningless offense. I know that wasn't your meaning, but one could interpret your post that way.

The question is whether CT counts it as a "substantially same" offense for their computation of priors.

 

[HighwayMan]

The question is whether CT counts it as a "substantially same" offense for their computation of priors.

I would bet that it does count but it may depend on the court/judge.

From https://www.cga.ct.gov/2012/rpt/2012-R-0279.htm

Also, any conviction that occurs in another state for an offense that the court determines has substantially the same essential elements as Connecticut's criminal drunk driving offenses, 2nd- degree manslaughter with a motor vehicle, or 2nd- degree assault with a motor vehicle, will constitute a prior conviction of the same offense for purposes of determining someone's prior criminal history (CGS § 14-227a(g)).

 

[HighwayMan]

Also:

By law, DUI and other alcohol related criminal offenses that occur out-of-state, the essential elements of which are determined by the court to be substantially the same as Connecticut offenses, constitute a prior offense for determining the imposition of penalties for second or subsequent offenses.


Best thing would be to check with an experienced attorney.

 

[FlyingRon]

I know about all that but it doesn't really answer the question. DWAI (alcohol) isn't a "criminal offense" so it doesn't quite fit the definition given. The only case law I can find is State v. Tenay and that's not entirely clear in it's applicability here.

 

[HighwayMan]

True.

My knowledge of the related CT statutes is lacking as well, plus I've had little contact with the criminal justice system in CT.

An experienced attorney would be the OP's best bet, but then that's hardly surprising.