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CONNECTICUT AND DRINKING AND DRIVING |
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You have been arrested in
Connecticut for driving while intoxicated. If you are like most people,
this is the first time you have ever been arrested. You are scared,
confused, maybe a little embarrassed, and concerned about your ability
to drive and your future. |
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These are common and legitimate concerns. You are facing having a
criminal conviction, loss of driving privileges, loss or restrictions on driving,
and even potentially jail time. However, it is likely not that bad and will
all work out well for you in the end. This web page is designed to empower
you with knowledge about Connecticut’s DUI laws so you can get a sense of
what you are truly facing. After reading this page we invite you to call our
office toll free for a no cost, no obligation phone consultation specific
to your case.
OUR OFFICE AND YOU
AttackThatTicket.com was founded by former Connecticut police officer
turned attorney Michael J. Palumbo. Few lawyers have true enforcement knowledge
of Connecticut DUI and OUI laws that our founder has. Our staff strives to
obtain a total dismissal of the charges against you with as minimal a disruption
to your life and ability to drive as possible.
CONNECTICUT DUI LAWS
Connecticut
has codified its DUI laws in 3 general written statutes, CGS §§ 14-227a,
14-227b & 14-227g. There are 2 ways to be charged with DWI in
Connecticut. They are: |
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1.
Being “under the influence”
because the ability to drive is affected by alcohol or drugs. This can be
prosecuted without any evidence of the actual blood alcohol content through
the breathalyzer.
2.
Per se intoxication, which occurs when a person 21 or older has a blood
alcohol content of .08% or higher; a person driving a commercial vehicle has
a BAC of .04%; or a person under 21 has a BAC of .02% or more. This is established
through a chemical test, usually the breathalyzer. However, it is up to the
police officer whether to measure a motorist's BAC by testing the driver's
blood, breath, or urine.
CONNECTICUT’S
LAWS REQUIRING YOU SUBMIT TO A CHEMICAL TEST AND DEPARTMENT OF MOTOR VEHICLE
PENALTIES FOR HAVING ELEVATED BAC OR REFUSAL OF THE CHEMICAL TEST
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Connecticut General Statute § 14-227b holds that if you are driving
on a Connecticut roadway you have therefore implicitly consented to
be tested for drugs or alcohol upon demand. If you refuse to submit
to the chemical test your license could be administratively suspended
by the Connecticut DMV after a refusal hearing not in a court
of law but before the DMV refusal hearing tribunal. |
Despite the fact that a motorist has given implicit consent to submit
to a chemical test, the motorist still has rights prior to the police officer
administering the test. The police officer must:
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inform the driver of their constitutional rights
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give the driver a chance to call a lawyer
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inform the driver that their license will be suspended if they refuse
to submit, or if the test results indicate an elevated BAC; and
·
inform the driver that evidence of a refusal may be used them in a criminal
prosecution.
Administrative “Per Se” law
After a breathalyzer chemical test is administered and a person is
found to have a .08 or more blood alcohol content (.04 for commercial driver
license holders and .02 for drivers under 21), or upon a refusal, the police,
acting in an administrative capacity, must revoke the license for 24 hours
and submit a report to the DMV. The report must include the test results and
the grounds the officer had for making the arrest. In cases of test refusals,
Under CGS § 14-227b, a third party who witnessed the refusal must sign the
report. If the police tested blood or urine for a BAC the officer cannot immediately
suspend the license, as the samples require third party laboratory analysis.
Rather, upon receiving test results within elevated BAC parameters, the officer
notifies the DMV in writing.
Upon the DMV’s receipt of the report of breath, blood, or urine sample,
the driver is entitled to a DMV hearing prior to suspension upon demand. The
sole exception is when the driver had been convicted of DUI within the past
10 years or if there was a fatality the DMV can immediately suspend, however
the driver is still entitled to a hearing.
The issues at the hearing are limited. The only relevant considerations
are whether:
(1) The police officer had probable cause to make the arrest
(2) The driver was arrested
(3) He or she was driving, and
(4) He or she refused the test or had an elevated BAC.
In the case of test a blood sample taken from an injured driver,
also relevant at the hearing is whether the blood sample was obtained according
to statute. If the answer to any of these questions is no, DMV
must return the license and restore full driving privileges. If however the
answer to all of the questions is yes, the driver's license is suspended for
the periods specified as follows:
Administrative Per Se License
Suspension
Periods for Drivers Age 21
and Older
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Per
Se Offense |
First
Offense |
Second
Offense |
Third
or Subsequent Offense |
BAC
of:
.08%
or more |
90
days |
9
months |
2
years |
BAC
of .16% or more |
120
days |
10
months |
2
½ years |
Test
Refused |
6
months |
One
year |
3
years |
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It is important to understand that all of this is administrative
and separate and apart from the court case. Here, this is the DMV enforcing
their rules and regulations as it pertains to the authority vested in them
to allow you a license to drive a motor vehicle. You could in essence “beat”
the “per se” or refusal hearing and nonetheless be convicted in court
of the crime of driving under the influence. Conversely, you can be held to
have refused or had elevated blood alcohol content and been suspended, take
your case to trial, and be found not guilty.
Enhanced Administrative Penalties
for Drivers Under Age 21
Under CGS § 14-227b, anyone under 21 who does not contact DMV for
a hearing, fails to show up for a scheduled hearing, or receives an adverse
decision is subject to a suspension twice as long as the period that would
be imposed to persons 21 and older. For those under 18, the suspension for
a is one year if the driver submitted to a BAC test that showed a BAC of .02
or more or 18 months if the driver refused to take the test.
YOUR
COURT CASE AFTER YOUR DRIVING
UNDER
THE INFLUENCE ARREST
Because of television and
popular culture, most people believe that it is the end of the story.
In fact,
the arrest is just the beginning. |
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After your arrest processing you will be given an initial court date.
This is called an arraignment. At the arraignment you will be formally presented
with the charges and enter a plea of “not guilty.” You are entitled to certain
documents from the prosecution at arraignment and, upon your lawyer’s demand
more documentation at a later date. At the arraignment, and through all stages
of the court proceedings, you are presumed innocent. Further, you have no
obligation to prove your innocence, but the state has the burden to prove,
beyond all reasonable doubt, your guilt. This is a very high burden.
Methods
for case dismissal – Pre-trial education and counseling
Our goal as your counsel is to have the criminal charges dismissed.
One method we employ is to qualify our clients for Connecticut’s Pretrial
Alcohol Education Program. Our office will review the facts of the case, your
background and history, and make a formal application for acceptance to the
program to the court. If we are successful in this endeavor and you qualify
and successfully complete the program the DWI charges will be
dismissed.
Pretrial Alcohol and Education
Program – specifics
Upon a charge of Connecticut DUI an application may be made to the
court for admission to the Pretrial Alcohol Education Program. The applicant
must pay a $200.00 in non-refundable fees. Eligibility turns, in part, on
an evaluation for appropriateness to the program and non-prior participation
within the preceding 10 years. If the court grants the application, it must
refer the motorist to CSSD for assessment. Upon confirmation of eligibility,
the person is referred to for placement into an appropriate alcohol intervention
program, or a state-licensed substance abuse treatment program. If ineligible
as deemed by the court or treatment provider, of if the program was not successfully
completed, the case is immediately scheduled for trial. However, if the course
is satisfactorily completed the court dismisses the charges. While in the
program the license suspension remains in effect. Non-discretionary ineligibility
occurs when there was an accident that caused a serious physical injury or
if the charge resulted from the operation of a commercial motor vehicle.
Methods
for case dismissal – suppression of evidence
If we cannot get the case dismissed then we have to defend you against
prosecution. In any driving while intoxicated case, the main evidence against
the driver is the chemical test / breathalyzer. However, even if
the Connecticut DMV found that you had elevated blood alcohol content within
the framework of their regulations, in order for the prosecution to use the
test results as evidence in court, CGS 14-227 establishes specific standards
for court admissibility. There are one set of standards for uninjured drivers,
and another for injured drivers.
Admissibility of Evidence
for Uninjured Drivers
For the test results of an uninjured driver to be admissible:
1.
The driver must be given a reasonable chance to call a lawyer before
taking the test;
2.
A copy of the test results
must be delivered to the driver within 24 hours
or
at the end of the next business day after the results are known;
3.
The test must be administered by a police officer;
4.
The test must be administered
using methods and equipment approved by the Department of Emergency Services
and Public Protection and according to DESPP regulations;
5.
The test equipment must have been checked for accuracy according
to
DESPP regulations;
6.
A second test must be administered at least 10 minutes after the
first test is conducted; and
7.
The test must begin within two hours of vehicle
Evidence that a driver refused to submit to a test is admissible
if the procedural requirements of CGS § 14-227b (described below) are
followed. At trial, the court must instruct the jury as to what inferences
it can and cannot draw from a refusal.
Admissibility of Evidence
for Samples Taken from
Injured Drivers Requiring
Medical Treatment.
Results of a chemical test are admissible in a subsequent prosecution
if:
(1) The sample was taken for the diagnosis and treatment of the injury;
and
(2) A blood sample was taken in accordance with DESPP regulations;
and
(3) Through an arrest warrant application to a judge the state establishes
that:
(a)
The police officer had reason to believe the motorist was driving under
the influence of alcohol or drugs and
(b) The blood or urine
sample constitutes evidence of this offense; and
(4) The judge issues a search warrant authorizing the seizure of
the results.
PENALTIES UPON A DRIVING
WHILE INTOXICATED CONVICTION
A person convicted
of DUI is subject to the criminal penalties listed as follows:
Conviction |
Prison
Sentence** |
Fine |
License
Suspension * |
First |
Either (a) up to six months
with a mandatory minimum of two days or (b) up to six months suspended
with probation requiring 100 hours of community service |
$500- $1,000 |
45 days, followed by one
year driving only a vehicle equipped with an ignition interlock |
Second (Under Age 21) |
Up to two years, with a
mandatory minimum of 120 consecutive days and probation with 100 hours
community service |
$1,000- $4,000 |
45 days or until age 21,
whichever is longer, followed by three years of driving only a vehicle
equipped with an ignition interlock |
Second (Age 21 or older) |
Up to two years, with a
mandatory minimum of 120 consecutive days and probation with 100 hours
community service |
$1,000- $4,000 |
45 days, followed by three
years of driving only a vehicle equipped with an ignition interlock |
Third and Subsequent |
Up to three years, with
mandatory minimum of one year and probation with 100 hours community
service |
$2,000- $8,000 |
Permanent Revocation. Eligible
w/ reinstatement after 6 years. If reinstated, only interlock-equipped
vehicles for 10 years from reinstatement |
*For drivers under 18, the suspension lasts until the 18th
birthday or the period listed above, whichever is longer
Effect of out of state conviction
Under Connecticut General Statute CGS § 14-227a the court may take
into consideration for sentencing purposes driving under the influence convictions
that occurred in another state so long as that state’s statute has substantially
the same essential elements as Connecticut's criminal drunk driving offenses.
Moreover, if a Connecticut license holder with a prior Connecticut DUI conviction
is subsequently convicted out of state and the Connecticut DMV is informed
of the out-of-state conviction, the DMV will impose the license suspension
Connecticut law would requires for a second or subsequent offense.
DMV hearing and court hearing – totally different and not interrelated
A point of confusion is the administrative suspension by the DMV
under the “per se” implied consent law and a suspension for criminal conviction
of a DUI charge. Understand that Suspension for conviction of a criminal
DWI charge is in addition to any previously imposed administrative
license suspension under the implied consent law. In other words, you may
have served your prompt suspension period for having elevated BAC or refusing,
re-obtain your license, and then be re-suspended upon a criminal conviction.
The Connecticut Supreme Court has held that this is not double punishment
or double jeopardy and that an administrative suspension is not a bar to criminal
prosecution. State v. Hickam, 235 Conn. 614 (1995).
Upon an appeal from criminal DUI conviction the license suspension
is stayed during the appeal. For drivers operating under a special permit
suspension periods are doubled.
Sixteen and Seventeen Year-Old
Drivers
The law imposes stricter rules on 16- and 17-year-old drivers. First,
an elevated BAC for anyone under age 21 is .02% or more. For such juveniles,
the driver's license is seized and driving privileges suspended for 48 hours
and the vehicle removed impounded Further, drivers under age 18 arrested for
DUI are not eligible for youthful offender status.
Revoked Licenses
Upon a 3rd DWI conviction the license is revoked. The
driver can seek restoration after six years. If the person is eligible they
must agree to install an ignition interlock for a 10 year period following
restoration.
IGNITION INTERLOCKS
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Offenders must pay DMV a
$100 fee before the device is installed; DMV uses this money to administer
the interlock program (CGS § 14-227a (i)). (Offenders are also responsible for the costs
of installing and maintaining the devices.) |
Ignition Interlock Requirements
Ignition interlocks are required upon a first DUI conviction. First
offenders are prohibited from driving vehicle without the device for one year.
Second offenders 21 and older must drive only interlock-equipped vehicles
for three years. Moreover, the interlock period may be suspended by the DMV
for drivers who do not comply with the interlock installation or use requirements.
Offenders must pay DMV a $100.00 fee before the device is installed. Offenders
are also responsible for the costs of installing and maintaining the devices.
Ignition Interlock Requirements
for Other Offenses
Anyone convicted of 2nd-degree manslaughter with a motor
vehicle or 2nd-degree assault with a motor vehicle must install
an ignition interlock for two years after the license suspension period ends.
A court also may order anyone convicted of these crimes to install an ignition
interlock as a condition of
(1) release on bail
(2) probation, or
(3) granting an application to participate in the Pretrial Alcohol
Education
Penalties for Evading Ignition
Interlock Restrictions
Asking another person to breathe
into the interlock to start a vehicle or tampering with, bypassing, or altering
the interlock is a class C misdemeanor. For a first offense the penalty is
a fine of up to $1,000 and imprisonment for up to one year,
30 days of which cannot be suspended. Upon a second conviction the maximum
fine remains the same imprisonment can be for up to two years, 120 days of
which cannot be suspended.
PERSISTENT DUI OFFENDERS (CGS § 53A-40F)
A
person is a persistent operating under the influence felony offender if convicted
of 2nd-degree manslaughter with a motor vehicle or 2nd-degree
assault with a motor vehicle and (2) within the previous 10
years has been convicted of either of these offenses, DUI, or of substantially
similar offenses in other states. Someone convicted as a persistent felon
DWI offender is facing serious time – 10 to 20 years.
Operating While License Suspended For DUI (CGS § 14-215 (C))
Anyone
who operates a motor vehicle while his or her license is suspended or revoked
for DUI or refusing to submit to a BAC test / submitting and a finding of
elevated blood alcohol content, is subject to a fine up to $1,000.00 and imprisonment
for up to one year, 30 days of which is mandatory. For a second offense imprisonment
is for up to two years, 120 days of which cannot be suspended. Driving a motor
vehicle while suspended or revoked for a third or subsequent violation can
result in imprisonment for up to three years, one year of which cannot be
suspended.
Special Operator Permits (CGS § 14-37A)
Anyone
who has had a driver's license suspended may apply for a special driving permit
that allows certain work- or education- related driving. However, the issuance
of a special operator permit is conditioned on an ignition interlock device
being installed.
CDL Holders (CGS § 14-44K)
If
someone holding a CDL is found to have either refused a chemical test
or has taken a test that resulted in a BAC of .04% or more, the license
holder is disqualified from driving a commercial motor vehicle for
one year. If the offense occurred while driving a vehicle transporting
hazardous materials the disqualification is for three years. |
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Disqualification occurs upon any BAC test refusal, a BAC result of
.04% or more while driving a commercial motor vehicle or, or a blood alcohol
content of .08% or more while driving any motor vehicle, or a conviction of
operating any vehicle while under the influence of alcohol, drugs, or both.
Further, disqualification applies to convictions in other states if the offenses
in those states are similar to those under Connecticut's administrative per
se and implied consent law.
Second Degree Manslaughter with a Motor Vehicle
CGS
§ 53a-56b establishes that a person commits 2nd degree
manslaughter w/ a motor vehicle when operating under the influence of alcohol
or drug, he causes the death of another person due to the effect of the alcohol
or drugs. This carries a prison term of up to 10 years, a fine of up to $10,000,
or both.
Second Degree Assault with a Motor Vehicle
CGS
§ 53a-60d establishes that a person commits second degree assault
with a motor vehicle when, while operating under the influence of alcohol
or drugs, he causes serious physical injury to another person due to the effect
of the alcohol or drugs. The sentence ranges from a prison term of up to five
years, a fine of up to $5,000, or both.