CRIMINAL DEFENSE & DWI / DUI
At Serrano & Serrano, LLC, we
aggressively represent persons who have been charged with
crimes, including driving while intoxicated (DWI), also called
driving under the influence (DUI). Our experience tells us
that people often are wrongly accused of crimes. We also
know that sometimes people make mistakes and wind up facing
criminal prosecution.
When we take your case, you can be
assured that we are determined to get you the best result
possible. Our skill has earned us the respect of
prosecutors and judges. We will put that skill to work for
you, whether in attempting to negotiate a favorable outcome or
in trying your case effectively to a jury.
As an example of our determination
to achieve the best possible results for our clients, Attorney
John Serrano recently won a Not Guilty verdict after a 3-week
trial in Waterbury Superior Court for an individual wrongly
accused of kidnapping and sexual assault who was facing 40 years
in prison.
Felonies
Felonies are the most serious
crimes. Conviction of a felony can result in a lengthy
prison term and substantial fines. Persons convicted of
felonies must provide the state with a sample of their DNA.
Felony convictions in Connecticut
also result in the loss of certain rights such as the right to
vote and to serve on a jury.
Misdemeanors
Misdemeanors are less serious crimes
then felonies but still result in a criminal record. Some
misdemeanors have mandatory minimum jail sentences.
Misdemeanors involving motor
vehicles can result in the suspension or loss of drivers
license.
Driving While
Intoxicated
Driving while intoxicated (DWI),
also know as driving under the influence (DUI), is probably the
most common criminal charge. People who drink frequently
and drive obviously are at risk for being arrested for drunk
driving. Those who only drink once in awhile, however,
often times do not realize they are above the legal limit
when they start driving home from a party or a social
event. Every day people from of all backgrounds — college educated,
high school drop-outs, rich, poor, lawyers, teachers, factory
workers and housewives —
find themselves facing charges of driving while intoxicated.
Drunk driving is a very serious problem in the United
States. Every two minutes, a drunk driver injures someone. Every 30 minutes, a
drunk driver kills someone.
Forty percent of all fatal accidents are caused by
intoxicated drivers.
Judges often say the most difficult part of their job is when
they have to sentence a person charged with causing a death or
serious injury while driving drunk. The driver, who did
not mean to hurt anyone, is overcome with sorrow and
guilt. The victim's family —
a spouse, children, parents, brothers and sisters —
are overcome with grief and want justice. Oftentimes, the
injured person was a relative or friend traveling as a passenger
when the accident happened.
The best advice is never to drive if there is any chance you
might be above the legal blood alcohol limit. Even when no
accident happens, the penalties for
driving while intoxicated are severe. There are criminal
DWI penalties and there are separate DWI penalties imposed by
the Department of Motor Vehicles.
In Connecticut, a person who operates a motor vehicle while his
or her license is suspended for drunk driving faces a mandatory
30-day jail sentence. Under the law, "operating"
means not just driving a vehicle on a road, but also includes
simply being in the driver's seat of a parked vehicle with the
engine running if the vehicle is on a road or a parking lot
having more than 10 spaces.
We caution everyone to be extremely careful about drinking and
driving. We understand, however, that people are human and
make mistakes, and we are here to help you if find yourself
facing DWI charges.
As noted in the following charts, penalties for repeat DWI
convictions within 10 years are increasingly more severe.
|
Criminal
Penalties for Driving While Intoxicated |
| Arrest |
Conviction |
Mandatory Sentence |
Maximum Sentence |
Fines |
License Suspension |
| 1st |
N/A |
(Eligible for Alcohol
Education Program) |
| 2nd |
1st |
48
hours or 100 hours community service |
6
months |
$500
to $1000 |
1
year |
| 3rd |
2nd |
120 days |
2 years |
$1000 to $4000 |
3 years |
| 4th |
3rd |
1
year |
3
years |
$2000
to $8000 |
permanent |
In addition to suspending driver's
licenses for criminal convictions as noted in the previous
chart, the Connecticut Department of Motor Vehicles (DMV) will
suspend a driver's license for persons who fail a breathalyzer
or other blood alcohol level test or who refuse to take the
test. This means that someone who avoids a criminal
conviction by using the alcohol education program may still have
his or her license suspended by DMV. The DWI suspension
will be for 90 days if the person's blood alcohol level is over
0.08 but less than 0.16, for 120 days if the level is over 0.16,
or for 6 months if the person refused the test.
