CGS 14-227a
Erin Field is on your side if you have been charged with a DUI in the state of Connecticut.
If you've been charged with a DUI in Connecticut, you need to act quickly to preserve your driver's license. According to Connecticut law, you have 7 days to request a hearing after you've received a notice of license suspension from the DMV.
A first DUI in Connecticut could earn you:
- Up to 6 months in jail – 2 days mandatory minimum
- In most cases, the 6-month jail sentence is suspended, and you will receive 18 months of probation and have to perform 100 hours of community service and have to attend a MADD victim impact panel
- 45-day driver's license suspension followed by an ignition interlock requirement for one year
Any drunk driving related charge can dramatically impact your life, even if you aren't at serious risk of jail time. Probation, travel restrictions, fines, and for most people, loss of driver's license can be a tremendous problem.
For a phone consultation on any DUI charge, please call me immediately. I answer my own phone, and I can talk to you right away.
Penalties for DWI/DUI in Connecticut
First offense DUI
- Up to 6 months in jail. Either 48 hours (2 days) mandatory be served, or a suspended sentence with 100 hours of community service
- Fines: $500-1000
- Driver's License Suspended for 1 year.
Second (2nd) offense DUI
A drunk driving charge is considered a 2nd offense if you have a previous conviction within 10 years.
- Up to 2 years in Jail. 120 days mandatory minimum must be served, along with 100 hours of community service
- Fines: $1000-$4000
- Driver's License Suspended for 3 years (or until age 21, whichever is longer)
- Felony conviction
Third (3rd) offense DUI
A drunk driving charge is considered a 3rd offense if you have at least one previous conviction within 10 years (of the 2 convictions).
- Up to 3 years in jail. 1 year mandatory minimum must be served, along with 100 hours of community service
- Fines: $1000-$4000
- Driver's License Suspended permanently (revoked).
- Felony conviction
License Suspension after your Connecticut DUI Arrest
Immediately after you are arrested on a drunk driving/DUI charge in Connecticut, you are subject to a license suspension based on a failure of the breathalyzer, or refusal to take the test.
If you are arrested for failing or refusing a breathalyzer test you will be required to install an Ignition Interlock Device (IID) before your driver's license can be reinstated in Connecticut.
License suspension with taking a breathalyzer test
- First Offense DUI with BAC test: 45 day suspension, then 6 months with the IID
- Second Offense DUI with BAC test: 45 day suspension, then 1 year with the IID
- Third or Subsequent Offense DUI with BAC test: 45 day suspension, then 2 years with the IID
There are additional penalties outlined above for jail time and community service.
License suspension with refusal of a breathalyzer test
- First Offense DUI with refusal: 45 day suspension, then 1 year with the IID
- Second Offense DUI with refusal: 45 day suspension, then 2 years with the IID
- Third or Subsequent Offense DUI with refusal: 45 day suspension, then 3 years with the IID
There are additional penalties outlined above for jail time and community service.
Are there extra penalties for refusing a breathalyzer test?
Yes. If you refuse to take a breath test, the license suspension is longer than if you had failed with a very high BAC level.
The penalties for refusing to agree to a breath or chemical test for Blood Alcohol content are as follows:
- First Offense DUI with refusal: 45 day suspension, then 1 year with the IID
- Second Offense DUI with refusal: 45 day suspension, then 2 years with the IID
- Third or Subsequent Offense DUI with refusal: 45 day suspension, then 3 years with the IID
Refusal penalties are in addition to any license suspension penalties as a result of being found guilty or convicted of the DUI/DWI charge.
Under 21 Breathalyzer Failure Penalties
The penalties for failing a breath test if you are under 21 (the legal drinking age) result from a BAC reading of .02 or higher. The penalties are:
- For a first offense, your license will be suspended for 1 year.
- For a second (2nd) offense, your license will be suspended for 2 years.
- For a third (3rd) offense, your license will be suspended for 3 years.
What is an Ignition Interlock Device (IID)?
An IID is a small, handheld breathalyzer for car ignitions that's installed to prevent users from being able to start their vehicle after drinking alcohol. They're small, about the size of a TV remote, and come with a few different options in terms of how they work.
While a failed sample means you won't be able to start the device, you can be assured the device will NOT be able to turn off your car once it is running. Once your vehicle has been started, no ignition interlock device is able to turn it off.
Connecticut General Statutes § 14-227m – DUI with Minors or Kids in the Vehicle
Driving under the influence with a minor or C.G.S. § 14-227m is an enhanced form of DUI where it is alleged that the offender committed the crime of DUI when a child under the age of eighteen years old was in the vehicle.
Although this statute is charged separately, in essence, it is a sentencing enhancement for a regular DUI, C.G.S. § 14-227a. This means that the elements of the crime are exactly the same as DUI, C.G.S. § 14-227a, with the only difference being that C.G.S. § 14-227m includes the additional element of having a child under the age of 18 in the vehicle and provides for a more severe penalty
What to do if you are charged with a DUI in Connecticut
DUI/DWI penalties can be serious, call me now for a free consultation on Connecticut Drug Sale laws and criminal charges.
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If you have been charged with a DUI, you should speak with an experienced attorney asap. I always answer my phone, so give me a call now for a free consultation to discuss your case and defense.