Connecticut DUI Criminal Court Process

Upon arrest for DUI in Connecticut, two cases will be filed against you. One is a criminal DUI case filed by the State through the criminal courts system. The second is a civil administrative case initiated through the Department of Motor Vehicles. The information contained in this section applies to the court process that occurs in a criminal DUI case. For more information on the process of the civil administrative case, click on the Connecticut Driving tab.

Early court dates in a Connecticut DUI case

ARRAIGNMENT

The first court appearance following an arrest for DUI in Connecticut is called the Arraignment. At this hearing, you will go before a judge who will formally read you the charges that have been filed against you. You will then be asked to enter a plea. If you enter a plea of guilty, the judge will impose a sentence. If you plead not guilty, the case will be set for a pre-trial conference.

PRETRIAL CONFERENCE

The court appearance following the arraignment is called the pretrial conference. The purpose of this hearing is to update the judge on the progression of your case. Issues with scheduling and discovery may be discussed and resolved at this time. Your attorney may meet with the prosecutor to negotiate a plea agreement. If a plea arrangement is reached, the judge will formally enter it on the record. If no plea agreement is reached, the case will proceed to trial.

Pretrial and trial litigation in Connecticut DUI prosecutions

PRETRIAL MOTION HEARINGS

Defense attorneys will file motions with the court to resolve any issues regarding the suppression of evidence prior to your trial. A hearing on the motion will be conducted. At this hearing, your attorney may cross-examine the police officers and witnesses involved in your case, and call expert witnesses to testify on your behalf. If a motion to suppress is granted, the evidence will not be admissible against you at your trial.

TRIAL

Two types of trials are available to persons accused of DUI in Connecticut - bench trials, and jury trials. A bench trial is before a judge who will act as both judge and jury to hear evidence and argument to make legal and factual determinations of issues in the case. In a jury trial, the judge will decide issues of law and instruct the jury who will determine the issues of fact. At the end of a trial, if a verdict of not guilty is reached your case and all charges against you will be dismissed. If, however, a guilty verdict is returned, your case will be set for sentencing.

Appeals from Connecticut DUI convictions

Following a guilty verdict for DUI offense in Connecticut, you will have a right to file an appeal to higher courts for review. You must do so timely, however, because failure to file a request for an appeal within the prescribe time limit will result in the "waiver" of your right to appeal.

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