![\"Connecticut](\"https:\/\/kevinsmithlaw.com\/wp-content\/uploads\/2023\/08\/New-Kevin-Smith-18-1024x673.jpg\")
<\/figure>\n\n\n\nA free, confidential initial consultation can be done with just a phone call, and you can expect to get answers to the questions below, as well as any other case-specific questions you may have.<\/p>\n\n\n\n
What Are The Penalties For Operating While Under the Influence of Liquor or Drug in Connecticut?<\/h3>\n\n\n\n
If you are charged with Operating While Under the Influence of Liquor or Drug in Connecticut, in violation of Connecticut General Statutes section 14-227a<\/a>, the stakes simply could not be any higher. Operating While Under the Influence of Liquor or Drug in Connecticut can be either a Misdemeanor or a Felony, depending upon whether a person has any prior convictions for Operating While Under the Influence of Liquor or Drug. <\/p>\n\n\n\n Penalties you face if convicted of Operating While Under the Influence of Liquor or Drug include<\/strong>: <\/p>\n\n\n\n For a First Conviction<\/strong>:<\/p>\n\n\n\n For a Conviction of a<\/strong> Second Violation<\/strong> within ten years after a prior conviction for Operating While Under the Influence of Liquor or Drug<\/strong>: <\/p>\n\n\n\n For a Conviction of a<\/strong> Third and Subsequent Violation<\/strong> within ten years after a prior conviction for Operating While Under the Influence of Liquor or Drug<\/strong>:<\/p>\n\n\n\n Though no two cases are identical and every Connecticut Criminal case will proceed differently on an individual basis, there are certain procedures and phases common to all Connecticut Criminal cases that you or a loved one charged with Operating While Under the Influence of Liquor or Drug can expect to encounter. Proceedings and phases you can generally expect in Connecticut Operating While Under the Influence of Liquor or Drug cases include:<\/p>\n\n\n\n Investigations in Connecticut Operating While Under the Influence of Liquor or Drug cases take place before an Arrest; may be conducted by local, state, or federal law enforcement agencies; and may also include Grand Jury proceedings. These investigations often involve the execution of search warrants, interviews with witnesses, and collection of evidence from the scene or suspects. <\/p>\n\n\n\n If you or a loved one find yourself the target of a Connecticut Operating While Under the Influence of Liquor or Drug investigation, you have the absolute right to an attorney and to remain silent if you or a loved one are questioned by law enforcement. The right to an attorney<\/a> and the right to remain silent<\/a> are guaranteed by the United States Constitution<\/a> and the Connecticut Constitution<\/a>, and you should exercise them decisively and aggressively. <\/p>\n\n\n\n Remember<\/strong>: law enforcement agents are not required to be truthful with suspects<\/em>, and what you say to law enforcement CAN AND WILL BE USED AGAINST YOU. Your best defense against mistakenly forfeiting your rights is to retain counsel as soon as you or a loved one learns that you are the target or a suspect in a Connecticut Operating While Under the Influence of Liquor or Drug case. <\/p>\n\n\n\n Our Connecticut Operating While Under the Influence of Liquor or Drug attorneys can then:<\/p>\n\n\n\n In some cases, our Connecticut Operating While Under the Influence of Liquor or Drug attorneys can prevent an arrest of you or a loved one in a Connecticut Operating While Under the Influence of Liquor or Drug investigation. In these instances, we may be able to provide law enforcement with evidence that demonstrates your innocence, or evidence that undermines the credibility of evidence already in their possession. <\/p>\n\n\n\n Each case, however, is different, and the best way to determine if a Connecticut Operating While Under the Influence of Liquor or Drug arrest can be prevented is to contact one of our Connecticut Operating While Under the Influence of Liquor or Drug attorneys for a free consultation as soon as you become aware that you or a loved one are the target of–or a suspect in– a Connecticut Operating While Under the Influence of Liquor or Drug investigation.<\/p>\n\n\n\n In some cases, an Arrest cannot be prevented in a Connecticut Operating While Under the Influence of Liquor or Drug case. <\/p>\n\n\n\n In these cases, law enforcement officers will either make an on site arrest, or else they will apply for and be granted an Arrest Warrant. The Arrest Warrant may be the result of the Connecticut Operating While Under the Influence of Liquor or Drug investigation conducted by law enforcement agencies, or a Grand Jury indictment following a Grand Jury investigation. <\/p>\n\n\n\n Once an Arrest Warrant issues, the subject of the Arrest Warrant will either be involuntarily taken into custody by law enforcement, or allowed to turn him or herself in voluntarily. <\/p>\n\n\n\n If you or a loved one find yourself the subject of an Arrest Warrant in a Connecticut Operating While Under the Influence of Liquor or Drug case, our Connecticut Operating While Under the Influence of Liquor or Drug attorneys can arrange for a voluntary turn in, and allow you to make the necessary preparations rather than being blindsided at your home or business by arresting officers. Our Connecticut Operating While Under the Influence of Liquor or Drug attorneys can also discuss with you the options for posting bail or remaining in custody.<\/p>\n\n\n\n Arraignment is the formal name used for the first Court appearance before a judge by a Defendant in a Connecticut Operating While Under the Influence of Liquor or Drug case. Once a person has been arrested and arraigned in Court, they are known as a Defendant. <\/p>\n\n\n\n At arraignment, the State’s Attorney will generally read the charges against the Defendant, make an argument regarding the Defendant’s bail and conditions of release, and provide some initial disclosures of the evidence against the Defendant. Arraignment is also the Defendant’s first opportunity in a Connecticut Operating While Under the Influence of Liquor or Drug case to plead not guilty, make arguments regarding bail and conditions of release, and make formal discovery requests for evidence. <\/p>\n\n\n\n Our Connecticut Operating While Under the Influence of Liquor or Drug attorneys will represent you or your loved one at Arraignment by gathering evidence to support arguments for a reasonable bail and conditions of release, and to support your plea of not guilty. Our attorneys will also make discovery requests in order to ensure that all evidence the State’s Attorney intends to use in its case is disclosed to the defense.<\/p>\n\n\n\n Once a Defendant has been arraigned in a Connecticut Operating While Under the Influence of Liquor or Drug case, they will then enter the Pre-Trial phase of the case. <\/p>\n\n\n\n During the Pre-Trial phase of a Connecticut Operating While Under the Influence of Liquor or Drug case, the Defendant and his or her attorney will generally be required to make a Court appearance once a month, though in some instances the time between Court appearances may be longer or shorter. At these Pre-Trial Court appearances, the Defendant’s attorney and the State’s Attorney will discuss the case, exchange evidence, and raise any legal issues with a judge. Negotiations to resolve the case, often called “Plea Negotiations” or “Plea Bargaining”, also take place during the Pre-Trial phase. <\/p>\n\n\n\n Although there is no set time limit for the Pre-Trial phase of a Connecticut Operating While Under the Influence of Liquor or Drug case, it typically lasts for as long as 12 months. <\/p>\n\n\n\n At Kevin Smith, Attorney at Law LLC, our Connecticut Operating While Under the Influence of Liquor or Drug attorneys will represent you or a loved one during all aspects of the Pre-Trial phase by reviewing evidence with you, conveying to you all negotiations with the State’s Attorney, and protecting your right to plead not guilty and preserve your innocence throughout the process.<\/p>\n\n\n\n A Defendant in a Connecticut Criminal case is entitled to Plead Not Guilty and demand a Trial, either by a Judge or a Jury. <\/p>\n\n\n\n At a Trial in a Connecticut Operating While Under the Influence of Liquor or Drug case, the State’s Attorney will be required to prove the Defendant guilty by a burden of proof known as proof Beyond a Reasonable Doubt. In order to do so, the State’s Attorney will have to prove each Essential Element of the crime of Operating While Under the Influence of Liquor or Drug Beyond a Reasonable Doubt. <\/p>\n\n\n\n According to the Connecticut Criminal Jury Instructions<\/a>, the Essential Elements, or legal components, of the crime of Operating While Under the Influence of Liquor or Drug in Connecticut depend upon which of the two different subsections of the law you are charged under. <\/p>\n\n\n\n Under the Under the Influence, or Behavioral, prong of Operating While Under the Influence of Liquor or Drug (Connecticut General Statutes Sections 14-227a (a)(1)<\/a>) the Essential Elements the State’s Attorney must prove are:<\/p>\n\n\n\n In plain English, this means that the State’s Attorney will have to prove that the Defendant intentionally Operated a Motor Vehicle while Under the Influence of an Intoxicating Liquor or Drug to such a degree that he or she lacked the ability function properly in relation to Operating the Motor Vehicle. <\/p>\n\n\n\n Under the Elevated Blood Alcohol Content (BAC), or Per Se, prong of Operating While Under the Influence of Liquor or Drug (Connecticut General Statutes Sections 14-227a (a)(2)<\/a>) the Essential Elements the State’s Attorney must prove are:<\/p>\n\n\n\n In plain English, this means that the State’s Attorney will have to prove that the Defendant intentionally Operated a Motor Vehicle while he or she had an Elevated Blood Alcohol Content (BAC) of .08 or higher. <\/p>\n\n\n\n\n
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How Operating While Under the Influence of Liquor or Drug Cases Work In Connecticut<\/h3>\n\n\n\n
Pre-Arrest Investigation<\/h4>\n\n\n\n
What Rights Do I Have During a Connecticut Operating While Under the Influence of Liquor or Drug Investigation?<\/h5>\n\n\n\n
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Can An Arrest Be Prevented In A Connecticut Operating While Under the Influence of Liquor or Drug Investigation?<\/h5>\n\n\n\n
Arrest<\/h4>\n\n\n\n
Arraignment<\/h4>\n\n\n\n
Pre-Trial<\/h4>\n\n\n\n
Trial<\/h4>\n\n\n\n
What Counts As Operating While Under the Influence of Liquor or Drug In Connecticut? What Does The State’s Attorney Have To Prove In A Connecticut Operating While Under the Influence of Liquor or Drug Case? <\/h3>\n\n\n\n
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