Connecticut DUI Laws & Attorneys
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Connecticut may be one the smallest states in the country, but get caught driving or even waterskiing while ‘impaired’ and face big fines and jail time among other punishments. Connecticut is an implied consent state, which means that if you are pulled over for a DUI check, you have already given implied permission to be tested for alcohol or drugs when you received your driver’s license.
After being arrested you’re going to face two adversaries: the criminal courts, and an administrative DMV hearing. Two good reasons why you need a knowledgeable and experienced professional by your side and on your side.
In Connecticut any amount of alcohol is considered to influence driving ability. Its effect is claimed to be magnified by emotions, physical condition, use of prescription drugs or other types of drugs including some over-the-counter medications and even some herbal supplements.
There are two ways to get convicted for a DUI. A driver who has a blood alcohol content (BAC) of .08%. You can also be prosecuted for driving ‘under the influence’ if it can be proven that the driver was ‘impaired’ or driving in an unsafe manner even if you are under the legal BAC, Under this theory circumstantial evidence such as appearance, driving patterns and field sobriety tests can be evidence that a driver was under the influence.
If you haven’t been drinking or you believe that you might have ingested alcohol from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still be arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’.
In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see an attorney, your best answer is the sooner the better.
Anyone holding a commercial driver’s license faces revocation if the driver is found to have a BAC of .04% or more while driving any type of vehicle, even the family car.
-- Info you need to know --
I’m simply going to plead guilty, why do I need a lawyer?
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your offenses and maximizing your defenses. A DUI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. A DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
Should I retain an attorney for my DUI charge?
DUI convictions and penalties can be long lasting and severe, both in court and with the Department of Motor Vehicles which regulates your driving privileges. Penalties plus the numerous and complicated laws relating to motor vehicles and DUI charges should be taken very seriously. It is almost impossible to beat or mitigate a DUI charge without an experienced lawyer.
What’s an attorney going to cost?
One of the biggest concerns for people charged with DUI is what a lawyer will cost. As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DUI attorney might save them thousands in the years to come. Jobs, credit ratings, insurance cots, can all be impacted by a criminal record.
What are statutory assessments?
Additional court costs, depending on the penal or vehicle code violated.
Can I plea bargain?
Many cases are resolved prior to trial. Effective counsel often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DUI, remember that if the original charge was DUI, consequently, a conviction to any of the following lesser crimes will still count as a ‘prior’ for calculating the mandatory minimums should a driver re-offend within a 10 year period.
Was I stopped legally?
A motorist can be stopped for a variety of reasons, including improperly working equipment on your car, erratic driving or if an officer has a reasonable and explainable basis to believe that a traffic or other law has been violated. Your lawyer will make certain that your rights were not infringed before, during and after you were arrested (inform the suspect of their rights, the penalties for refusal, and an opportunity to call an attorney).
What happens in court?
You will have to appear in court more than once. First for an arraignment, afterwards for a defense and if convicted for sentencing. Your attorney will offer a timeline and overview of the court proceedings.
What are the penalties if I’m convicted?
1st offense. Test results of .08% BAC or higher.
- $500 to $1000 fine.
- 48 hours minimum mandatory jail time. Up to 6 months jail, suspended with 100 hours community service.
- 1 year suspension of driver’s license.
2nd offense (within a 10 year period) with .08% BAC or higher
- $1000 to $4000 fine.
- 120 days minimum mandatory jail time.
- 100 hours of community service.
- 3 year suspension (or until the age of 21, whichever is longer).
- 1 year suspension with 2 year ignition interlock device.
• Anyone who operates a motor vehicle with a suspended or revoked license (for driving under the influence or for refusing to submit to a BAC test) is subject to a fine of up to $ 1,000 and imprisonment of up to one year.
- Vehicle impound for 48 hours.
3rd offense (with a 10 year period) with test of .08% or higher
- $2000 to $8000 fine.
- 1 year minimum mandatory and up to 3 years jail time.
- Probation.
- 100 hours of community service.
- Permanent revocation of drivers license. A hearing may be requested 6 months after revocation.
DMV Penalties
The driver’s license suspensions outlined above are imposed by the court and are completely separate from actions imposed by the Connecticut Department of Motor Vehicles.
The Department of Motor Vehicles has its own separate sanctions and penalties. If you have been arrested for a DUI or driving under the influence of drugs, and/or failed a chemical alcohol test (.08% BAC and .02% BAC for minors), or refused to submit to a test, your operator's license is suspended for a minimum of 6 months and 1 year for minors. A Notice of Suspension will be mailed to your address of record allowing you 7 days to request a hearing.
Connecticut has a 10 year ‘look-back period’ for DUI offenses. This means that if a motorist has a drunk driving conviction that is less than 10 years old, a new DUI arrest will be treated as a second offense.
Refusal to take a chemical (breath, blood or urine) test
- 1st offense 6 months suspended license.
- 2nd offense 1 year suspension.
- 3rd offense 3 years suspension.
- Successfully complete a DMV-approved substance abuse treatment program.
Under 21 years
- 1st offense 1 year suspension.
- 2nd offense 2 years suspension.
- 3rd offense 6 years suspension.
- Successfully complete a DMV-approved substance abuse treatment program.
Test results of .02% to .15% and under 21
- 1st offense 180 days suspension.
- 2nd offense 18 months suspension.
- 3rd offense 4 years suspension.
- May be directed to participate in an alcohol education and treatment program.
Test results of .08% to.15%
- 1st offense 90 days suspension.
- 2nd offense 9 months suspension.
- 3rd offense 2 years suspension.
- Successfully complete a DMV-approved substance abuse treatment program.
Test results of .16% or higher
- 1st offense 120 days suspension.
- 2nd offense 10 months suspension.
- 3rd offense 2 ½ years suspension.
- Successfully complete a DMV-approved substance abuse treatment program.
Test results of .16% or higher and under 21
- 1st offense 240 days suspension.
- 2nd offense 20 months suspension.
- 3rd offense 5 years suspension.
- May be directed to participate in an alcohol education and treatment program.
Commercial licenses
Anyone holding any type of commercial driver’s license faces revocation if the driver is found to have a BAC of .04% or more while driving any type of vehicle, even the family car.
Work only drivers’ permits
You will not qualify if:
- You have had a previous driver's license suspension.
- You operated a vehicle while under suspension.
- You failed to appear for trial.
• You are under suspension for refusing to submit to a chemical DUI test (or after at least 90 days into the mandatory 6 month suspension).
Additional things you should know:
• The court can grant a one time DUI (1st) charge may be dismissed for eligible offenders who successfully complete a Pretrial Alcohol Education Program, alcohol intervention or substance abuse treatment program.
• Following restoration of the operator's license, no motor vehicle may be operated for a period of 2 years unless it is equipped with an approved Ignition Interlock Device. (The threshold BAC level for the device in Connecticut is .025%).
- Drivers under 21 years of age are not eligible for participation in the Ignition Interlock Program.
• You may be directed to participate in a victim impact panel program (at their expense) approved by the Court Support Services Division. The panel must provide a non-confrontational forum for victims of alcohol or drug related offenses and offenders to share experiences on the impact of alcohol or drug related incidents in their lives.
• Use of an ignition interlock device may be substituted for part of the 3 year license suspension penalty for certain 2nd DUI criminal offenders.
• The court may impose an enhanced sentence for an offender if it believes that an extended incarceration will best serve the public interest.
• A motor vehicle must be impounded for 48 hours after an arrest of anyone for driving under the influence whose right to drive in Connecticut is under suspension or revocation.
• Operating a motor vehicle during a period of suspension or revocation (for driving under the influence or for refusing to submit to a BAC test) is subject to a fine of up to $1,000 and imprisonment of up to 1 year. The offense carries a 30-day mandatory prison sentence unless the court specifies otherwise.
-- Disclaimer --
Only educated and licensed professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited attorney. There is no warrantee, expressed or implied herein. DUI issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional.
-- Citations –
Sec. 14-227 (a). Operation while under the influence of liquor or drug or while having an elevated blood alcohol content.
(a) Operation while under the influence or while having an elevated blood alcohol content.
Connecticut’s DWI law consists primarily of three statutes, CGS §§ 14-227a, 227b and 227g. The first prohibits a person from driving while under the influence of alcohol or drugs or with an “elevated” blood alcohol content (BAC). A person is “under the influence” if his ability to drive is affected to an appreciable degree. He has an elevated BAC if it is found to be. 08% or more. CGS § 14-227g prohibits anyone under age 21 from driving with a BAC of. 02% or more.
CGS § 14-227 (b) provides that a person who drives a vehicle has implicitly given his consent to submit to drug or alcohol testing.
