The Pretrial Impaired Driver Intervention Program (“IDIP”)–formerly known as the Alcohol Education Program (“AEP”)–is an alternative to criminal prosecution. It allows first-time offenders arrested for driving under the influence to have their charges dismissed after completing specific classes overseen by the State. If you have been arrested for any DUI offense and have no history of other DUI convictions, you should speak with a qualified criminal defense attorney about the possibility of participating in the IDIP.
The IDIP is specifically meant for people charged with one of the following six offenses:
Anyone with a past conviction for any of the above charges, as well as for Manslaughter With a Motor Vehicle in the Second Degree under C.G.S. § 53a-56b, Assault With a Motor Vehicle in the Second Degree under C.G.S. § 53a-60d, or any equivalent charge in another state is ineligible to participate in the program. Additionally, individuals who have used the IDIP or its predecessor, AEP, within the past ten years are ineligible. The same is true for those who hold a CDL license or permit or for those who allegedly caused serious injury through their offense and cannot show good cause for an exception.
The application process for the Pretrial Impaired Driving Intervention Program begins with filling out Form JD-CR-189 and submitting it to the court. This will generally be followed by a scheduled hearing before a judge, during which the applicant will be asked to affirm statements made in their application and explain why they should be accepted into the program. There may be more than one hearing at this stage of proceedings if the applicant allegedly caused serious injury through their violation. Anyone who suffered physical injury or property damage will be notified of the application and allowed to contest it.
If the court hearing(s) goes well, the next step will be payment of a $250 application fee and a meeting with a contractor employed by the Department of Mental Health and Addiction Services, who will determine what treatment is appropriate. Most accepted applicants will be placed into standard classes, but individuals with significant substance abuse problems may be recommended for more intensive treatment.
Typically, the IDIP will be a year-long program consisting of 12 classes scheduled roughly a month apart. To complete the program, participants must attend every class and meet any additional conditions imposed by the court. This could include paying restitution to people injured by their actions, community service, and/or attending counseling or AA sessions. They will also need to pay additional fees, including $400 for alcohol education or $100 for substance abuse treatment if applicable.
An IDIP participant who successfully meets these requirements will have their initial DUI charge dismissed and all records related to their case destroyed. However, failure to reach the requirements may result in the court revoking participation in the program, reopening the participant’s criminal case, and proceeding with the prosecution. Participants can ask for reinstatement a maximum of two times, but the court has relatively broad discretion in deciding whether to grant reinstatement.
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