We live in CT. My son goes to school in Florida and has a Florida license though CT is his home state now. Before he went to school in Florida he had a DUI, but took the course that allowed it to be removed from his record. He did drive his car 3 weeks before the 6 mos suspension was up and got a ticket so he had to go to court, but they let him go with community service.Last night he had an accident where he flipped his car and was only slightly hurt, but the car was totalled and he had been drinking. He's 23. The officer said as soon as the blood test comes back, they'll issue an arrest for DUI for him. Does it seem he'll do time in jail? If he goes to Rehab, will it help? I know these are ugly questions, but I need to ask.
I am very sorry to hear of his Accident. At least he is not seriously hurt. We have had two friends that have lost their sons in similar circumstances. It appears that the violations in CT have been expunged from his record so they will not count as priors for the accident in Florida. There is also the possibility that the test may come back lower than the limit for a DUI. The limit is 0.08 or above. Going to Rehab at this point in time will not really help with the DUI. However, it may help keep him from getting another since it does appear that he has a problem. Since this should be listed as a first conviction the fine will be not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. There is also mandatory 50 hours of community service or additional fine of $10 for each hour of community service required. License suspension is minimum 180 days revocation, maximum 1 year.While the law does allow for incarceration, that is unlikely for a first offense and he will normally get probation. A DUI is a serious violation and it would be advisable for him to retain an attorney. Here is a referral sitehttp://www.lawyer.comOften an attorney can negotiate it down to a Reckless Driving violation depending on the exact circumstances and the results of the blood test. If you have a follow up question, you can give a positive rating and still continue.
Nationally recognized expert on traffic laws and violations.
No, this first DUI was in CT and he did the program here. The second DUI where he flipped his car 3 times, but wasn't hurt was also her in CT. He's supposed to go back to school in late August.
1. He will get a lawyer
2. Will he go to jail?
3. Will he lose his license? It's a Florida license although the officer said he has a suspended CT license. He got the license in Florida and turned in his CT license so they must not have sent it back to CT. So, they're showing his license in CT is suspended, but it shouldn't be. He's had a Florida license for the 3 years he's been in school in Florida. He comes home for the summers.
4. He also is on probation in GA for a shoplifting charge for a 40 dollar shirt. He's on probation until next May. Will GA find out about this? Will he be put in jail?
These are really ugly questions and I'm horrified at all this, but I need to reach out to someone who knows something more than me....Thank you.
In your original post you stated that the DUI in CT had been removed from his record. If it has been removed, then Florida will not know about it and it will be charged as his first. If you are incorrect and it has not been removed, it is called "masking", then of course it would be listed as his second.
Not likely if this is charged as his first. If it is his second there will be a mandatory of at least ten days but often he can do it on the weekend.
3. Will he lose his license?
Yes he will. the length of time will depends on whether it is a first or second and also on whether he is convicted or if the attorney can get it reduced.
A. First Conviction: Minimum 180 days revocation, maximum 1 year. B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
I corrected my question to say the first DUI was in CT and it was removed. The 2nd DUI is ALSO in CT (he's home for the summer). He has a Florida driver's license because he goes to school there. The police here said he has a suspended CT license because he didn't renew, but when he got his license in Florida, he turned in his CT license (as I've done every time I've ever moved) assuming they notified CT that it was no longer needed (as happened with me). So, now he's showing a suspended CT license and his valid Fla. license.
1. So, does it now sound like he will go to jail on his 2nd in CT even though he did that program to remove it?
2. He can serve the jail terms on weekends? Or during the week (he has a job as a waiter up here).
3. Is there any way to avoid jail time?
4. I'm calling a lawyer today
5. Will they let him drive to and from work anyway? He needs to have a job and there's no bus service here.
6. When you say postpone...does that mean he can drive until they go to court?
7. His probation in GA is over next May. Will GA find out about this as if they revoke probation, he'd have to go to jail there too, I think (it was for shoplifting a $40 dollar shirt).
I know he sounds like a bad guy, but he's really not. He needs rehab. I don't know if that will be a mitigating factor. I appreciate your counsel as this is the only time in my life that we've had to face things like this.
Sorry, I missed that the DUI was in CT. The first thing to do is to go to the DMV and straighten out the issue of the suspension. That appears to be a simple clerical issue but if not the attorney should be able to handle it for him. If he fails the blood test, his privilege to drive in CT is suspended effective 12:01 a.m. on the thirty-first day following the date of the arrest. A Notice of Suspension will be mailed to your address of record allowing seven days to request a hearing.Before the final date to request a hearing noted on the suspension notice, you must call the Administrative Per Se Unit directly at 860-263-5204. That Unit can be contacted between 8:30 a.m. to 4:30 p.m. Monday through Friday. Your attorney can give you more information. The restoration fee is 125.00Whatever happens in CT will be reported to Florida and his Florida license will be suspended. Assuming that he does not pass the blood test and that he is charged and convicted of DUI it will be a 45 days license suspension. All other terms of suspensions must be served except 14-227b. One year IID requirement. For a first DUI, 48 hrs. minimum mandatory jail time or 6 mo., suspended with 100 hrs. community service. In reviewing the CT statutes, it appears that his first offense was erased and that this current one will be charged as a first offense. Conn. Gen. Stat. § 54-56g(b)This will not go to court for some time so the situation in GA should not be a problem.
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