One of the very first questions I hear from clients who call me after a DUI arrest is: “Am I facing a felony?”
It’s a fair question — the word “felony” carries a lot of weight. Felonies mean harsher penalties, longer jail time, and lifelong consequences that can affect jobs, housing, and your future.
The good news is that in Connecticut, most first-time DUI arrests are not felonies. If this is your first offense, it will usually be treated as a misdemeanor. In many cases, there are diversionary programs available — such as the Impaired Driving Intervention Program (IDIP) — that can keep your record clean if you complete them successfully.
But there are situations where a DUI is treated as a felony. A second DUI within ten years will be charged as a felony. A DUI that results in serious injury or death will also be charged as a felony, often under related charges such as Assault or Manslaughter. These are life-altering cases that require an aggressive legal defense and a carefully crafted strategy from the outset.
First-Time DUI in Connecticut Is a Misdemeanor
If you’re arrested for DUI in Connecticut for the very first time, it is usually charged as a misdemeanor offense under Connecticut General Statutes § 14-227a. That means you’re not looking at the kind of long-term felony consequences that can follow you for life.
For a first offense, the court has options that are more focused on education and rehabilitation than punishment. In many cases, you may be eligible for the Impaired Driving Intervention Program (IDIP). If you’re granted entry into IDIP, you’ll have to complete alcohol education classes and, in some situations, attend a victim impact panel. If you finish the program successfully, the DUI charge will be dismissed, and you won’t have a criminal conviction on your record.
If you don’t qualify for IDIP — for example, if you’ve already used it before, or if the facts of your case are so serious that the judge denies it — then you may have to enter a plea to the DUI charge. In those cases, the law requires a mandatory minimum penalty of either:
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Two days in jail, or
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100 hours of community service.
In practice, almost all of my clients in this situation choose the 100 hours of community service. Jail time is rarely imposed for a first DUI unless the facts are particularly egregious — for instance, someone who was heavily intoxicated, struck a police cruiser, and then fled the scene.
Additional penalties for a first DUI conviction include:
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A license suspension by the DMV.
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Mandatory installation of an Ignition Interlock Device (IID) once your license is reinstated.
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A fine ranging from $500 to $1,000 plus fees and costs.
The bottom line is that a first DUI is not a felony in Connecticut, and with the right legal strategy, many individuals can resolve their case without incurring a permanent criminal record.
When DUI Becomes a Felony in Connecticut
While most first-time DUIs are misdemeanors, Connecticut law is clear: there are situations where a DUI is treated as a felony.
Second DUI Within Ten Years
If you are convicted of a second DUI offense within a 10-year period, the charge becomes a felony under Connecticut law. A second DUI conviction carries:
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A mandatory minimum of 120 days in jail, with a maximum of up to 2 years.
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A fine ranging from $1,000 to $4,000.
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License suspension for up to three years, with strict IID requirements after reinstatement.
Judges have no discretion to go below the mandatory minimum jail time.
Home Confinement (Ankle Bracelet) in Felony DUI Cases
In felony DUI cases where a mandatory jail sentence applies — such as a second DUI within 10 years — some defendants may qualify for the home confinement/ankle bracelet program.
Instead of serving the entire sentence behind bars, you may be released after serving as little as 5 to 8 weeks in jail and then finish the remainder of the sentence at home under electronic monitoring.
Eligibility depends on:
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Having treatment programs started before sentencing.
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Your lawyer is preparing paperwork and requesting it from the court.
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Demonstrating you are a good candidate for supervised release.
This program can make the difference between months in jail and a far less disruptive outcome.
Out-of-State DUIs Still Count
The 10-year lookback period applies not only to Connecticut convictions. If you were convicted of a DUI in another state with a substantially similar statute, that conviction will count against you here.
Example: A 2018 DUI in New York and a 2025 arrest in Connecticut are treated as a second offense in Connecticut.
Third or Subsequent DUI Within Ten Years
A third (or more) DUI within 10 years automatically elevates the charge to a Class D felony with enhanced penalties, including:
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Mandatory minimum jail of 1 year, up to 3 years possible.
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Fines between $2,000 and $8,000.
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100 hours of community service and probation.
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Permanent revocation of your driver’s license (hearing eligibility after two years).
DUI Causing Serious Injury
If a DUI results in serious injury, the charge can be elevated to Assault in the Second Degree with a Motor Vehicle (C.G.S. § 53a-60d), a Class D felony:
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Up to 5 years in prison.
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Up to $5,000 fine.
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License suspension and IID requirements.
DUI Causing Death
If a DUI leads to a fatality, the charge becomes Manslaughter in the Second Degree with a Motor Vehicle (C.G.S. § 53a-56b), a Class C felony:
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1 to 10 years in prison.
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Up to $10,000 fine.
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Lengthy license suspension with IID requirements.
Long-Term Consequences of a Felony DUI
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Permanent Criminal Record: Appears on all background checks.
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Driver’s License Restrictions: Long suspensions and IID requirements.
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Firearms Rights: Felony convictions result in the loss of firearm ownership rights.
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Immigration Issues: Can trigger deportation or block naturalization.
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Public Stigma: Employers, landlords, and schools often treat felony convictions harshly.
How I Defend DUI Cases in Connecticut
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Challenging the Stop and Arrest – Was it legally justified?
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Scrutinizing Test Results – Machines and procedures must be accurate.
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Exploring Alternatives – Programs like IDIP keep records clean.
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Negotiating with Prosecutors – To reduce charges or avoid jail.
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Guiding You Step by Step – Through court, DMV, and beyond.
The earlier you bring in a lawyer, the more options you have.
FAQs About DUI Felonies in Connecticut
1. Is a first-time DUI a felony in Connecticut?
No. It is usually a misdemeanor.
2. When does DUI become a felony?
A second DUI in 10 years, or a DUI causing injury or death.
3. Do out-of-state DUIs count?
Yes. Prior DUIs from other states count toward Connecticut’s 10-year lookback.
4. What are the penalties for felony DUI?
Mandatory jail, heavy fines, long suspensions, IID, and a felony record.
5. Can I avoid jail on a first DUI?
Yes. The law allows 100 hours of community service instead of 2 days in jail.
6. Can felony DUIs be expunged?
Yes, through the pardon process.
Call to Action
If you or someone you love has been arrested for DUI in Connecticut, don’t wait and don’t face it alone. Whether it’s your first offense or a felony charge, the decisions you make now will affect your future for years.
📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me through my contact page.