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.
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