Fairfield County, Connecticut Driving Under the Influence (DUI) Defense Lawyer

If you have been arrested anywhere in Fairfield County, Connecticut with operation while under the influence of liquor or drugs, or while having an elevated blood alcohol content, in violation of CT MV Law § 14-227a our Fairfield County, CT DUI / DWI defense attorneys and lawyers can represent you in superior court to get the operation while under the influence of liquor charge reduced or dismissed so that you do not end up with a permanent criminal record, lose your license, get points, and suffer an insurance increase. Being found guilty of DUI under MV Law § 14-227a  is a serious misdemeanor crime which triggers license suspensions and insurance increases.

Diversion Program for First-Time DUI / DWI Offenders in Fairfield County, CT

There is no better way to dispose of your DUI / DWI arrest under CGS 14-227a occurring in Danbury, Stamford, Greenwich, Westport, Norwalk, Darien, New Canaan, or anywhere in Fairfield County other than an outright dismissal. One way our CT DUI lawyers do this is by having our clients enroll in Connecticut’s Alcohol Education Program under C.G.S. § 54-56g.

Participation in this program, frequently referred to as “AEP,” is not automatic and as of right. While the court has discretion as to whether to allow a motorist participation, a motorist is ineligible for this program if they participated in it within the 10 years prior to the latest DUI arrest. For those that are not barred by that rule, as your attorneys we will make a written application and the State Attorney has the right to object in writing. Often times we have our clients self refer for alcohol and substance abuse counseling and support our application with proof of satisfactory attendance. We then professionally argue your application to the court for your acceptance to the program.

Upon acceptance under CGS § 54-56g, the Alcohol Education Program requires motorists to complete weekly one-hour long classes over a 10 or 15 week period depending on the intake screening. In addition to the classes, the AEP also requires you to attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel. Successful completion of the AEP results in a complete dismissal of the charges as if the arrest never took place.

Mandatory License Suspensions in Some cases

All DUI / DWI cases trigger 2 separate and unrelated proceedings. One is the criminal proceeding, which occurs in the various DUI courts of Fairfield County, Connecticut. The other is the administrative proceeding which occurs before the CT DMV.

The Connecticut DMV does not concern itself with what goes on in your criminal case. All the CT DMV is interested in is whether the motorist provided a breath sample or whether the motorist refused. In the event that the motorist provided the sample, then the next interest the CT DMV has is whether the motorist’s BAC was .08 or more (.02 if the motorist is under 21).

Whether a motorist provided a breath sample or refused depends on the type of hearing that the DMV will commence. If the person refused than the hearing will be a refusal hearing, and if the person complied and the blood alcohol content was .08 or more then the hearing will be a per se hearing.

Upon a finding of refusal or an accurate BAC reading of .08 or more the CT DMV suspends the motorist’s license and / or privileges. If the CT DMV cannot find that the BAC was accurately recorded as .08 or more (.02 if motorist was 20 >), or that the person refused within the meaning of the law, then the person’s license will not be suspended.

A motorist so charged with DWI in Fairfield County, CT is entitled to representation at the DMV hearing. DO NOT GO TO THIS HEARING ALONE!!! These hearings are highly contestable and findings of refusal and high BAC’s can be defeated when you retain the right Fairfield County DUI and DMV defense lawyer to defend you. Here are the suspension periods for adverse findings of refusal or per se:

Driver's 16 and 17-Years-Old

Blood Alcohol Level	1st Offense	2nd Offense	3rd Offense
Refusal to submit to a chemical test	18 months	3 years	6 years
Test results of .02 - .15	1 year	2 years	4 years
Test results of .16 or higher	1 year	2 ½ years	5 years

Drivers Between the Ages 18 to 20

Blood Alcohol Level	1st Offense	2nd Offense	3rd Offense
Refusal to submit to a chemical test	6 months	18 months	4 years
Test results of .02 - .15	1 year	2 years	4 years
Test results of .16 or higher	9 months	20 months	5 years

Drivers 21 Years Old and Older

Blood Alcohol Level	1st Offense	2nd Offense	3rd Offense
Refusal to submit to a chemical test	6 months	1 year	3 years
Test results of .02 - .15	90 days	9 months	2 years
Test results of .16 or higher	4 months	10 months	2 ½ years

 

Ignition Interlock Device now required subsequent to all DWI / DUI suspensions in CT

In addition, anytime a motorist’s license is suspended for any reason due to an alcohol related charge (operating under the influence, or OUI), they must now install, at their expense, an ignition interlock device (IID) which must be blown into and disables the car from starting if it detects alcohol. IID’s must be installed for DMV findings of refusal or BAC of .08 or more as follows:

IID requirement for drivers under 21 years old

Blood Alcohol Level	1st Offense	2nd Offense	3rd 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	1st Offense	2nd Offense	3rd Offense
Test results of .08 or higher	6 months	1 years	2 years

IID requirement for ALL drivers upon refusal

Refusal to submit to a chemical test

1 months

2 year

3 years

 

IID’s must be installed for convictions for OUI / DUI under CGS 14 § 227a or §14-227g as follows:

First Conviction	Second Conviction	Third or Subsequent Conviction
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	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	Permanent revocation of license. Must wait at least two years from the date of revocation to request a hearing for reconsideration

More about Fairfield County, CT OUI / DUI Law and Lawyers

This page merely gives a thumbnail sketch of Connecticut DWI / DUI, defenses, and administrative and insurance punishments and implications. Each case is fact specific and requires a detailed consultation and analysis, including your goals in defending your Fairfield DUI. We have much more information regarding the specifics of a CT DUI on here.

After reviewing all of the information here, give us a call for a no cost, no obligation phone consultation to determine what our office can do to prevent your insurance from increasing, prevent your license from being suspended, and prevent you from being convicted of a Fairfield County, CT DUI / OUI. Call us now toll free at 1-877-99-No-Tix (1-877-996-6849).