When you are arrested for a DUI in Connecticut it triggers two separate cases. First, there is the criminal court case in which a variety of punishments may be imposed through the court such as probation, fines and even jail time. The second, is the Connecticut Department of Motor Vehicles (DMV) action. This action is a separate case in which the your drivers license may be suspended or revoked. It is important to note that once arrested for a DUI in Connecticut you only have seven days to request a hearing to appeal your license suspension. Once the seven days has elapsed from the date of your arrest your license will be suspended without recourse. The suspension will usually take place before your initial criminal court date and it makes no difference if your criminal charges are eventually dismissed or you are acquitted.

There are two different theories that you may be prosecuted under for a DUI. The first, is the "under the influence" theory in which the prosection has to prove that you were under the influence of alcohol, drugs or both to such an extent that you were not fit to drive in a safe and prudent manner. No particular blood alcohol level is required to be convicted under this theory. Whether or not a driver is “impaired” is proven by evidence such as your driving patterns, field sobriety tests, or chemical test results (although such results are not necessary to introduce as evidence under this theory).

The second theory under which an offender may be prosecuted is Connecticut’s “per se” laws. This law makes it a crime to drive with a blood alcohol level (BAC) of .08% or higher. The impairment of the driver does not matter because the charge is based solely on body chemistry.

Anyone arrested in Connecticut for drunk driving must submit to a blood or breath test. Failure to do so will result in a driver’s license suspension for a minimum of six months.

Criminal Penalties

A first offense with a BAC of .08% or higher may result in a fine of between $500 to $1,000, a 6 month jail sentence (mandatory 48 hours) with 100 hours of community service, and a drivers license suspension of up to one year. A second offense within 10 years will result in a fine between $1,000 to $4,000, a jail sentence up to two years (120 days minimum mandatory) with 100 hours of community service, and a driver's license suspension of up to three years. A third offense within 10 years may result in a fine between $2,000 to $8,000, a three year jail sentence (1 year minimum mandatory) and 100 hours of community service, and a permanent revocation of driving privileges.

DMV Penalties for failing to submit to a blood, breath, or urine test

If a driver fails to submit to a blood, breath, or urine test, they will be subject to a 6 month suspension for the first offense, one year for the second offense, and three years for the third offense.

Penalties for certain BAC levels

For a first offense for someone under 21 with a BAC of .02 or higher the penalties range from a 90 day to two year license suspension. If the test results are between .08 and .16, the penalties range from a 90 day to 2 year suspension. If the offender has test results of .16 or higher, the driver’s license suspension ranges from 120 days to 2.5 years. The exact period of suspension is determined by number of prior convictions within a ten year period.

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