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Steven A. Tomeo & Associates, LLC

How Serious Are DUI Conviction Penalties?

If you are pulled over by law enforcement officials in the state of Connecticut while operating a motor vehicle under the influence of drugs or alcohol, you could be charged with DUI. The legal Blood Alcohol Concentration (BAC) level is under .08 for drivers over the age of 21, under .02 for drivers under the age of 21, and under .04 for operators of commercial vehicles. DUI charges are taken very seriously in Connecticut, and having aggressive DUI attorneys at your side during the legal process can mean the difference between a positive outcome and receiving the maximum amount of punishment allowed under the law.

Below are the penalties that DUI convictions may carry:

There are two ways to lose your license:

  1. Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.

A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

You may also contact the Administrative Per Se Unit to request a hearing by email at DMV.AdminPerse@ct.gov

Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

IID requirement for drivers under 21 years old*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .02 or higher 1 year 2 years 3 years

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .08 or higher 6 months 1 year 2 years

IID requirement for ALL drivers*

Refusal of test First Offense Second Offense Third or Subsequent Offense
Refusal to submit to a breath, urine, or blood test 1 year 2 years 3 years

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a, §14-227g, §14-227m, or§14-227n for the same arrest, the IID may be required for a longer-term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i), §14-227a(g), §14-227m(c), or §14-227n(c) whichever is longer. See Section 2 below.

  1. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, §14-227m, §14-227n*, or §14-111n

Conviction on or after July 1, 2015

First Conviction 45-day license suspension

If the 45-day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one year requirement

A first conviction under

§14-227n has the same penalties as a second conviction

Second Conviction 45-day license suspension

If the 45-day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three year requirement

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction after January 1, 2012

First Conviction 45-day license suspension

If no other suspensions, eligible for restoration after the 45-day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for one year following restoration

Second Conviction 45 days license suspension, or until 21st birthday, whichever is longer.

If no other suspensions, eligible for restoration after the 45-day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction prior to January 1, 2012

Under Age 21

First Conviction 1-year license suspension
Second Conviction  3-year license suspension, or until 21st birthday, whichever is longer
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

Age 21 or older

First Conviction 1-year license suspension
Second Conviction 1-year license suspension
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Manslaughter with a Motor Vehicle,

Connecticut General Statute §53a-56b or §14-111n

Assault with a Motor Vehicle, Connecticut General Statute §53a-60d or §14-111n

First Conviction 1-year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Second Conviction 1-year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes §14-111n, §14-227a, §14-227g, §14-227m,§14-227n, §53a-56b or §53a-60d are considered.

For information concerning restoration or IID requirements, you may write or call:

Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-1013
dmv.suspension@ct.gov
Phone: 860-263-5720

Possible Remedies for a First DUI Offense

If you have been arrested for a first-time DUI in Connecticut and you believe that obtaining a not-guilty verdict will be quite difficult, there is still a way to avoid a criminal conviction—even before going to trial. Connecticut offers a program, known as the Alcohol Education Program (AEP), which allows first-time offenders a second opportunity to avoid being charged with a DUI. The AEP requires defendants to attend one-hour long classes once a week—for up to 10 or 15 weeks. Attendance is the only thing that is mandatory, which means there are no tests, assignments, or even alcohol or drug testing involved. As part of the program, defendants are also required to attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel. Once you complete the program, your charges will be dismissed, and your criminal record will remain clean. The AEP is not available for second, third, or subsequent DUI offenses.

Our Connecticut DUI Attorneys Can Help You Explore Alternatives to Incarceration

While the penalties for DUI convictions may be very severe, there are often alternatives to incarceration, including suspended sentences, probation, lifestyle restrictions, random testing, and more. Our criminal defense team can help you explore all the alternatives that are available to you and fight tirelessly to help you avoid the harshest penalties.

STEVEN TOMEO, ESQ.

CALL NOW TO SET UP A FREE CONSULTATION
(860) 764-2744

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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