I just got arrested for a State of Connecticut DUI charge.  What happens now?

ISSUE ONE:  The Connecticut Implied Consent / Administrative Per Se Proceeding:  Your Connecticut license (or your right to drive in Connecticut if you're not a Connecticut licensed driver) was most likely suspended for anywhere from 90 days to three years for failing or refusing a chemical (breath, blood, or urine) test.  The suspension generally begins on the 31st day following your arrest. 

Following your arrest, a Notice of Suspension will be mailed to your address of record allowing you only seven days to request a hearing to challenge planned suspension.  Read you paperwork carefully.  Do not miss your deadline or you will forfeit your right to challenge your suspension.

The length of your implied consent suspension depends on whether you failed or refused the chemical test; your BAC if a sample was given; and your DUI history if any.  See the table below which applies to drivers 21 years or older.

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ISSUE TWO:  The Connecticut DUI Criminal Case:  Separate from the implied consent suspension is the criminal charge for driving under the influence or DUI.  In Connecticut, it is unlawful to operate a motor vehicle:

(1) while under the influence of alcohol, drugs or a combination of alcohol and drugs; or

(2) if, as determined by a chemical test taken within two hours of the time of vehicle operation, you had a breath / blood alcohol content (BAC) of 0.08 or higher (sometimes referred to as a "per se DUI"). 

A DUI 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.  Each year there are about 13,000 DUI arrests in Connecticut.

Important:  The implied consent suspension proceeding and the criminal DUI case are completely separate from one another. 

Will my Connecticut driver license be revoked / suspended?

RELATED TO ISSUE ONE ABOVE:  Your Connecticut driver license (or your right to drive in Connecticut if you do not have a valid Connecticut license) may be suspended in the implied consent proceeding for failing or for refusing a chemical test for alcohol and / or drugs.  Again, you may challenge this suspension by requesting a hearing within 7 days of your arrest.  Requesting the appeal will not necessarily overturn the suspension; rather, it merely provides with a chance to overturn the suspension.  If your appeal is not successful (or you do not appeal at all), your suspension will typically begin 35 days after your arrest.

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RELATED TO ISSUE TWO ABOVE:  If you are convicted of the DUI charge, you will also lose your license (or your right to drive in Connecticut if you don't have a valid Connecticut license) for a year or more.  This suspension is separate and distinct from the implied suspension.  Talk to your Connecticut DUI attorney for possible suspension lengths for your situation.

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Also keep in mind that your license can be suspended for a variety of reasons unrelated to a CT DUI arrest e.g. excessive tickets, hit and run etc.

What happens if I get caught driving while my license is suspended / revoked?

I really need to drive.  Will I be able to get a restricted / occupational / conditional / probationary permit?

The State of Connecticut does not issue Special Operator's Permits to operate commercial motor vehicles. 

What is the difference between a DUI, DWI, OUI, OWI, OVI, DUII, DWUI etc.?

These terms are all acronyms that refer to the offense commonly known as "drunk driving."  Different states have different names for the crime.  For example, in New York and New Jersey the charge is known as DWI (driving while intoxicated / impaired).  Massachusetts and Maine use the OUI (operating under the influence). Like most states, Connecticut law uses the term driving / operating under the influence or DUI. 

Is a DUI in Connecticut a misdemeanor or felony charge?

In Connecticut, a DUI is usually a misdemeanor crime.  However, if you have two prior DUI convictions in the past 10 years the third or greater DUI conviction is a felony offense.

What type of penalties might I face if I am convicted of an Connecticut DUI charge?

Upon conviction of an Connecticut DUI offense, a defendant can receive a variety of penalties including alcohol treatment / education.  A range of minimum penalties is set forth below: 

Will my defense lawyer be able to plea bargain / negotiate my Connecticut DUI charge down to another (lesser) offense?

Possibly.  Plea bargaining and charge reduction are two areas that any experienced Connecticut DUI lawyer would discuss with the prosecutor on the client's behalf.  As noted in the table above, the Pre-Trial Alcohol Education Program is sometimes an option for first time offenders or those who have no prior DUI's in the past 10 years.

Upon application to the program the court file is sealed.  [The Court Support Services Division determines eligibility for the program.]  Applicants then receive an evaluation the Department of Mental Health and Addition Services.  Applicants must then complete either a treatment program or an intervention program.  If the applicant successfully completes the program, the charge is dismissed.

Will an Connecticut DUI go on "my driving record?"

Just how much jail / prison time will I have to do if I am convicted of a DUI in Connecticut?

The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:

•  your prior driving record especially your DUI history (including any DUI's outside of Connecticut);

•  your level of intoxication / BAC;

•  whether there was a collision involved;

•  whether there was bodily injury to another person in any collision;

•  which Connecticut county or court your case is in;

•  what judge you are sentenced by;

•  whether there was a passenger especially a child in your car;

•  whether the judge feels you have accepted responsibility for your actions.

I am licensed to drive in a state other than Connecticut and I was charged with a DUI in Connecticut.  Will my driver license be suspended?

Connecticut only has the authority to suspend your right to drive in the State of Connecticut.  However, Connecticut and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact."  Connecticut will report a DUI conviction to the home state of the driver (assuming the home state has also adopted the Compact).  Your home state will then generally take action to suspend your license.

This also works in reverse.  If you are a Connecticut licensed driver and you are convicted of a DUI / DWI / OVI / OUI / OWI charge in another state, Connecticut will suspend your license if it learns of the conviction. 

Will I have to install an ignition interlock device on my car?

A  ignition interlock device (IID) is a breath alcohol measurement device that is connected to a motor vehicle ignition.  In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration.  If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.

Starting in 2012, you will likely have to install an IID for a first or greater DUI conviction.  Contact your Connecticut lawyer for more information.  Note:  If you don't install an ignition interlock following your DUI conviction, your license will be effectively suspended for a much longer period.

Where do I find a company to install the ignition interlock device?

Contact one of the IID vendors below for more information:

The Connecticut DMV can also provide you with more information.  Contact their office at 1.860.263.5720.

I was convicted of a second DUI and need to complete a substance abuse treatment program.  Where do I find a program?

Contact one of the programs listed below:

What will a Connecticut DUI do to my insurability?

If your insurance company finds out about your DUI one of two things are likely to happen.  Either your Connecticut insurer will raise your rates or you may be cancelled or non-renewed.  Your insurance company will absolutely learn of your DUI if you have to file an SR-22.

What is an SR-22 / Certificate of Financial Responsibility Insurance?

An SR-22 is a form from an Connecticut licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits.  The SR-22 provides proof to the Connecticut DMV that you are insured.  If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify the DMV that the certificate is canceled. 

What if someone was killed or seriously injured in my DUI offense?

Yes.  The FAA has special reporting requirements for certain Motor Vehicle Actions including Connecticut DUI convictions and certain implied consent suspensions.  Learn more here.

I missed my Connecticut court appearance.  What do I do now?

Failing to appear (FTA) for court is to be avoided.  When you miss a court appearance, bad things follow.  At a minimum, the Connecticut court typically issues a warrant for your arrest (known as a bench warrant).  Talk to an attorney as soon as possible.  Often, your only option is to turn yourself in on the outstanding warrant.  A new court date will then be scheduled.

Can I represent myself in court on my Connecticut DUI or other criminal charge(s)?

Yes.  You have a constitutional right to represent yourself on any criminal charge no matter how serious including a Connecticut DUI charge.  Keep in mind that Connecticut DUI defense is a complex area of the law as shown by the information in this website.  If you cannot afford to hire your own attorney, you definitely should apply for court appointed counsel to represent you.  You have no right to court appointed counsel at the implied consent / administrative per se license appeal.

If you would like to speak with a Connecticut lawyer about you pending DUI charge, consider contacting Anthony Collins or Nancy Martin at 860.760.3400.