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Steven A. Tomeo & Associates, LLC

Anyone who receives a DUI conviction in Connecticut is entitled to a suspension hearing. If a first-time DUI offender wins the suspension hearing, then they will have avoided an administrative suspension from the DMV and will not be required to have an ignition interlock device installed in their vehicle. If the offender loses the suspension hearing, then there will be a 45-day license suspension period during which the offender will be able to obtain a work permit to travel to and from their place of work. After the 45-day suspension, they will be required to have an ignition interlock device for up to one year.

For a second-time DUI offender, there will be a 45-day suspension followed by a two-year requirement to have an ignition interlock device. During the first year, the offender will be limited as to where they can and cannot drive. For a third-time offender, there could be an indefinite suspension.

YOU MUST UNDERSTAND THAT THERE ARE TWO SUSPENSION LAWS IN CONNECTICUT: THE DMV ADMINISTRATIVE PER SE SUSPENSIONS AND THE SUSPENSIONS RESULTING FROM A CONVICTION. THE FOLLOWING DMV INFORMATION SHOULD BE HELPFUL TO YOU AND IS AS FOLLOWS:

Connecticut’s Drunk Driving Law

Operating Under the Influence (OUI)

In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense. This offense may be prosecuted with or without any direct evidence of a person’s BAC. The determining factor is whether a person’s ability to drive has been impaired.

Driving is a privilege, and under Connecticut’s Implied Consent Law any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine blood alcohol concentration (BAC).You are legally intoxicated if your BAC is .08 or above. If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher.

Any amount of alcohol will affect your driving ability. Alcohol’s effect is magnified by emotions, physical condition, use of prescription drugs or other types of drugs, some over-the-counter medications, and some herbal supplements.

If you are arrested for Operating Under the Influence (OUI):

  • You will be detained by the police and read your rights.
  • Your vehicle will be towed at your expense.
  • You will be transported to the police station in a police cruiser.
  • If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
  • You will be kept in a police lock-up until you are bailed out.

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 because 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.

2. 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

How long do I have to schedule a DMV hearing after a DUI arrest in Connecticut, and what happens if I miss that deadline?

After receiving a DUI charge in Connecticut, the Department of Motor Vehicles will send a notice of suspension letter. If an offender wants an administrative suspension hearing, they or their attorney must request the suspension hearing within seven days of the date listed on the letter itself. Hearing offices are at the following four DMV locations in Connecticut: Old Saybrook, Bridgeport, Waterbury, and Wethersfield. You or your Attorney call the DMV Administrative Per Se Unit in Wethersfield, which is listed on the letter. That is how you or your attorney can schedule the hearing. If you miss the 7-day deadline the DMV Per Se Unit will send you a letter confirming your suspension time. So, if you fail to follow the guidelines you will get an automatic suspension without a hearing. However, you should always call the DMV Per Se Unit to see if they will grant you an exception and schedule the suspension hearing. When dealing the Administrative Per Se Unit you call them at the Wethersfield main DMV Headquarters.

If I win my administrative hearing, will my charges go away?

Winning an administrative hearing with the DMV will not cause the criminal DUI charges to go away. However, the hearing will provide a chance to point out inconsistencies in the prosecutor’s case or police report, call witnesses who may be helpful to the defense, and highlight any other facts which could assist in the criminal aspect of the case.

For example, I once handled a case in which the arrest report stated that the officer asked my client to take a breath test, and that my client refused. I subpoenaed the arresting officer to appear at the administrative DMV hearing, and showed video footage which served as proof that, in fact, the officer never asked my client to take a breath test. I showed the video to the prosecutor, who reduced the charge from what would have been a second DUI offense to a lesser offense.

For more information on DUI Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (860) 764-2744 today.

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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