What Is PAEP And How Does It Relate To Drinking And Driving

Navigating the criminal justice system in New Haven can be an intimidating process, especially when facing a charge as serious as driving under the influence (DUI). A DUI conviction can lead to jail time, hefty fines, a criminal record, and the loss of your driver’s license. However, for some first-time offenders, Connecticut law provides an opportunity to avoid these life-altering consequences through a program designed for education and rehabilitation rather than punishment. This is known as the Pretrial Alcohol Education Program (PAEP).

The PAEP is a “diversionary” program available to a defendant charged with a first-time DUI offense in Connecticut. Its purpose is to divert the individual from the traditional court process and provide them with an educational opportunity. If a defendant successfully completes the program, the court may dismiss their DUI charges, and their criminal record for that offense may be erased. This offers a second chance, allowing the individual to avoid a permanent mark on their record that could impact employment, housing, and other aspects of their life.

Not everyone charged with a DUI can qualify for this program. Strict eligibility requirements must be met, as outlined in Connecticut General Statutes § 54-56g. The most critical criteria include:

• The DUI offense must be your first. You cannot have any prior convictions for DUI in Connecticut or any other state.
• You must not have used the PAEP or a similar program within the last ten years.
• The incident cannot have involved a death or a serious physical injury.
• You must not hold a commercial driver’s license (CDL), even if you were operating a non-commercial vehicle at the time of the arrest.

A judge has the final discretion on who is admitted into the program. Even if you meet all the eligibility requirements, a prosecutor or a victim can object, and the judge will consider their arguments before making a decision.

The Importance of Legal Counsel

While the PAEP is a valuable opportunity, the process is far from automatic. The assistance of an experienced criminal defense attorney is invaluable. A lawyer can assess your eligibility, handle the complex legal filings, and present a compelling case to the judge to increase your chances of being accepted into the program. If there are any objections, your attorney can advocate on your behalf. A lawyer will ensure you understand all the requirements, and if you successfully complete the program, they will be there to finalize the dismissal of your charges.

If you are facing a DUI charge in New Haven or anywhere in Connecticut, don’t leave your future to chance. The Pretrial Alcohol Education Program may offer a path to a clean record, but navigating the process without a skilled attorney is a risk you should not take.