Connecticut doesn’t play around with DUI convictions. The state has made it abundantly clear that it takes driving under the influence seriously and will do what it takes to reduce the numbers.

One way of doing this is through the use of mandatory minimum sentencing. Every level of DUI in the state of Connecticut will see you in jail along with other penalties.

Understanding what the law says and what the penalties are is important for drinkers. This can help you to stay below the legal limit and make safe decisions when choosing whether to drive after drinking.

What are Connecticut DUI Laws?

Connecticut law defines driving under the influence in two primary ways. The first of these statutes state that a person cannot drive a car while under the influence of alcohol or drugs. The second of these statutes says:

“with an “elevated” blood alcohol content (BAC). A person is under the influence if his ability to drive is affected to an appreciable degree. The maximum allowable BAC depends on the driver’s age and the type of vehicle he or she is operating.”

According to the law, drivers over the age of 21 are considered to have an elevated blood alcohol level if at 0.8% BAC or above. For a commercial motor vehicle, such as a large transportation or cargo truck, a person has an elevated blood alcohol level at 0.04%. If a person is under the age of 21 then they are considered to have an elevated blood alcohol level at 0.02% or above.

Penalties for Driving Under the Influence in Connecticut

Driving under the influence is charged at different levels depending on how severe the crime is and surrounding factors of the arrest. Contributing factors may include previous convictions for DUI.

First Offense

For a first time DUI arrest in Connecticut, the penalty is up to 6 months in jail with a mandatory minimum of 2 days. Or, a 6 month suspended sentence with probation requiring 100 hours of community service. First-time violators will also be required to pay a fine of between $500 and $1,000. Finally, violaters will also face a 45-day license suspension with a requirement for an ignition interlocking device for a period of 1 year.

Second Offense

If a person has one previous conviction for DUI, the penalties will be more severe during the second conviction. The penalty is up to 2 years in jail with a mandatory minimum sentence of 180 days and probation with a requirement for 100 hours of community service. Violaters will also be required to pay a fine between $1,000 and $4,000 with a mandatory 45-day license suspension. There will also be a 3 year requirement to drive with an ignition interlocking device with the first year having a requirement to only drive to and from work and a drug and alcohol abuse treatment program.

Third Offense or More

For the third offense or greater, the penalty for a DUI is up to 3 years in jail with a mandatory minimum of 1 year in jail and probation with a requirement of 100 hours of community service. A fine of between $2,000 and $8,000 will also be levied against those convicted. An additional permanent license suspension with the possibility of review after a period of 2 years.

Aside from these penalties, offenders will be required to attend drug and alcohol abuse treatment courses on top of any extra requirements imposed by the court. This is in addition to the potential for lost wages due to jail time or inability to drive to work and other social negatives. Driving under the influence is a serious crime and it’s important to understand the potential ramifications before you decide to drive after drinking.

It’s all too easy to make poor decisions while intoxicated. One bad choice many people still make while drunk is trying to drive. Even people in positions of authority can make bad choices when they’re under the influence.

Recently, one Connecticut state trooper did just that. He was charged with a DUI after hitting another vehicle while driving his unmarked police vehicle off-duty. No one is above the law, after all, and he received multiple other charges as well.

Connecticut’s DUI laws are strict, so while the trooper’s case is ongoing, it appears he is facing some serious penalties. Understanding how Connecticut defines DUIs can help you avoid making the same mistakes.

How Connecticut Law Defines a DUI

DUI stands for “Driving Under the Influence.” Alcohol is most commonly the “influence” that the term refers to, but other drugs also fall under that umbrella.

All it takes to receive a DUI charge for an illegal substance outside of alcohol is testing positive for that substance in any amount.

On the other hand, to be charged with an alcohol-related DUI, your blood alcohol content (BAC) must be tested. If your BAC is above 0.08%, then you’re considered legally intoxicated. That means you’re automatically charged with a DUI.

Implied Consent in Connecticut

You don’t need to consent to a breathalyzer test if you get pulled over. Connecticut has an “implied consent” law for these kinds of tests.

What that means is, if you are driving a car or another vehicle in Connecticut, your consent to these tests is considered to be implied. So if you refuse a test, you’re liable to face penalties like having your driving privileges revoked.

Charges and Penalties for DUIs in Connecticut

The penalties for DUI convictions vary depending on the circumstances. In general, the more convictions for DUIs you have, the stiffer the penalties. They escalate quickly, in order to discourage repeat offenses.

A First-Time DUI Offense

A first offense DUI conviction is a misdemeanor. A conviction can lead to to the following minimum penalties:

• Plan on up to $1,000 in fines and half a year in jail.
• When you can avoid jail, you must do 100 hours of community service instead.
• Your driver’s license will also be suspended for up to 45 days.
• Afterward, you’ll be required to use an ignition interlock device for a year. These devices prevent your car from starting unless your BAC is at legal levels.

Your Second DUI Conviction

A second DUI conviction isn’t a misdemeanor, but a felony if it occurs less than a decade after your first. Count on two years in prison, mandatory community service, and $4,000 in fines.

Furthermore, you’re likely to be ordered to attend an alcohol abuse program. Your license will be suspended again, and the interlock device is mandatory for three years this time around.

A Third DUI Conviction

Your third DUI conviction is punished more severely yet. You might be sentenced to three years in jail, $8,000 in fines, a court-ordered substance abuse program, and community service.

Finally, at this point, your license can be permanently revoked. You can also face having your car impounded or even longer prison sentences if your convictions are close together.

Needless to say, being convicted of a DUI charge can change your life. A single mistake can even lead to you losing your job when you cannot make it to work. If you’ve been charged, finding an experienced Connecticut DUI attorney should be your top priority.

They can work to reduce or dismiss your charges, help you navigate the legal system, and protect your reputation. Don’t let a DUI charge change your life.

Just because the name is different, though, don’t assume the penalties are. You can face incarceration and fines. You can be made to have an ignition interlock device installed. And, of course, you can lose your license.

Is that what always happens, though? Do you automatically lose your license for an OUI charge?

Below we’re going to delve into that question and explain how OUI charges in Connecticut work.

Will You Lose Your License When Charged With OUI in Connecticut?

The short answer to this question is no. A charge is not the same as a conviction. OUI charges just mean prosecutors have an opportunity to prove that you were driving under the influence. 

If they can, then you face conviction. Americans are innocent until they are proven guilty, so there is a chance that the prosecution’s argument is not sufficient and you walk away from court without a conviction. 

Insufficient evidence is one of many ways to defend against OUI charges. Breathalyzers are not as accurate as you think, and other search and seizure laws could come into play. 

Building a defense strategy is crucial to keeping your license because you can lose your license at two other points in the process after getting arrested for OUI. 

When Can You Lose Your License After a Connecticut OUI Arrest?

The primary reasons you might lose your license after getting arrested for OUI in Connecticut are because either you failed or refused a chemical test or prosecutors were successful in proving you were operating under the influence.

When You Refuse a Chemical Test

When you picture an OUI arrest, you probably picture a law enforcement officer gauging the person’s BAC through a chemical test. Chemical tests require the use of blood, breath, or urine to measure the amount of alcohol in a person’s bloodstream.

In some states, you can refuse to take this kind of test. Connecticut is not one of them. This test falls under the guidance of “implied consent laws.” 

When you apply for a Connecticut driver’s license, you consent to all chemical tests to determine whether or not you are driving under the influence. Otherwise, you may face criminal penalties. 

Refusing to take a chemical test will result in penalties, including license suspension for 45 days. Other penalties include up to a year behind bars.

When You Fail a Chemical Test

If you “fail” the chemical test, you will also face license suspension. To “fail” a chemical test, any person who is over the age of 21 must register a BAC of .08 or higher. Drivers under the age of 21 “fail” a chemical test if their BAC breaches the .02 mark.

After you are arrested and charged with OUI, law enforcement officers submit a report to the DMV. If the failure or refusal to take a breath test are on the report, your license will be suspended. 

You will get a notice of suspension in the mail and will have a week after receiving that notice to request a hearing. Notices of suspension typically arrive in the mail 30 days after the offender is arrested. 

Upon OUI Conviction

When you are charged with OUI, you still have a chance to fight back. You and your criminal defense lawyer can build a strategy that questions the prosecutor’s evidence or shows that you were falsely accused of OUI. 

If the court finds you guilty of OUI, they will suspend your license. 

First-time OUIs are a misdemeanor offense — although you may face additional charges if you had .16 BAC or injured someone while driving. Penalties for a first OUI include:

• At least 48 hours of mandatory jail time
• Up to six months in jail
• 100 hours of community service (in exchange for a jail sentence)
• Probation
• Up to $1,000 in fines
• Up to 45 days without a license
• Mandated ignition interlock device (IID) for six months (1 year for those under 21)

Offenders will also have to pay fees in order to get their licenses restored or to install an ignition interlock device in their car. 

A judge can set many terms for probation, including additional fees of $200. Furthermore, penalties increase if you are convicted of a second or third OUI. Second-time offenders may face mandatory counseling or additional time behind bars. 

Losing Your CT License is Expensive – So Face OUI Charges Head-On

Fines, fees, and restitution can add up pretty quickly after an OUI conviction, but you don’t necessarily have to face any of the harsh penalties. 

Not all OUI arrests are made with chemical testing. Not all chemical tests are accurate or reflect how much alcohol you had in your system. 

Reach out to a Connecticut OUI lawyer for more information on fighting back against OUI charges and keeping your license.

Connecticut has a “Stop and Identify” law, which means that any person pulled over while operating a motor vehicle must provide identification, proof of insurance, and vehicle registration to an officer. While retrieving your documents, be respectful to the officers and try to remain calm. If you have been pulled over under suspicion of DUI/DWI, the officers will be carefully observing you for signs of intoxication during this initial encounter– for example, if you are slurring your words or if you seem confused or unsteady. The officer may smell alcohol on your breath, but even if you have had a drink or two, remember that it is legal to drive after drinking a small amount, and try to remain calm and clear-headed.

2. You are Not Required to Take the Field Sobriety Tests (E.G. One Leg Stand, Gaze Test, Walk and Turn)

If during the initial encounter, the officers have reason to suspect you are intoxicated, they will ask you to step out of the vehicle to take the field sobriety tests. The Standardized Field Sobriety Tests consist of the horizontal gaze nystagmus test, the one-legged stand test, and the walk and turn test. In addition, the officers may administer other optional tests at their discretion. If you fail one or more of these tests, that gives the officers probable cause to arrest you for DUI/DWI and bring you to the police station. It is important to make clear that you are not legally required to take the field sobriety tests. You may feel like cooperating with the officers will be favorable to you, or that you may make them suspicious by refusing. However, by taking the field sobriety tests, you only give the officers more evidence for your arrest (and at this point, you are likely going to be arrested anyway). It may feel awkward in the moment to refuse an officer’s request, but you can simply and respectfully say something like, “on the advice of my attorney, I respectfully refuse to take the field sobriety tests.” You may politely repeat this if the officer persists.

3. You Will Be Penalized for Refusing to Take the Chemical Test (Breath, Blood, Urine) at the Police Station

If you have been arrested for a DUI/DWI in Connecticut, the officers will read you your Miranda rights. At this point, it is advised that you request to speak with an attorney, and do not disclose any additional information to the police officers that they could use against you in court (e.g. how many drinks you had, what prescription drugs you took, where you were coming from when pulled over). At the police station, the officers should read you the “Implied Consent” advisory prior to the administration of the chemical test. As part of the Implied Consent procedure, the officer must inform you that you have the right to speak to an attorney prior to taking the test, and that refusal and/or failure of the test will lead to a license suspension. If you refuse the test, your license will be suspended for a minimum of six months and it may be held against you in court. It is strongly recommended to speak with a DUI/DWI attorney prior to submitting to the chemical test.

4. If Charged With a DUI/DWI in Connecticut, You Must Fight the Charges in Two Places: (1) in Court, and (2) at the DMV

In addition to fighting your charges in court, you will also face a license suspension with the DMV. Upon a DUI/DWI arrest, your license is immediately suspended for 24 hours. After that, your license will be briefly reinstated until you receive a suspension notice from the Connecticut DMV. In this letter, the DMV will describe the date and length of your suspension (minimum of 45 days). Your attorney may schedule an Administrative Per Se hearing with the DMV to argue against a license suspension on technical or constitutional grounds. Your attorney can also assist you in receiving a Special Operation Permit so that you may still drive to work or school while you’re under a license suspension.

5. If This is Your First DUI/WI, You May Be Eligible to Get Your Charges Dismissed

If this is your first DUI/DWI, you may be eligible for a diversionary program, in particular, the Adult Education Program (“AEP”). The AEP is facilitated through the state of Connecticut and consists of 10-15 alcohol education classes. Your DUI/DWI attorney will carefully prepare your application and argue for your admission into this program in court. If the court accepts your admission into the AEP, upon completion of the program, your DUI/DWI charges will be dismissed and your criminal record of this incident will be erased.