- while “under the influence” of alcohol or drugs; or
- more broadly, with an “elevated” blood alcohol content.
If you are charged under these laws, don’t risk your freedom and future. We are here to help.
What Are the Consequences of a DUI?
There are two components to every DUI case: the criminal aspect and the administrative (or Department of Motor Vehicles) aspect.
As part of your criminal case, the procedure often includes court appearances, discovery of evidence, plea negotiations, and trial, if necessary. As part of your administrative case, the procedure usually involves automatic license suspension or revocation, ignition interlock device requirements, and an administrative hearing, if necessary.
A combination of both criminal and administrative penalties generally includes:
DUI Criminal Penalties (CGS § 14-227a (g))
| Conviction | Prison Sentence | Fine | License Suspension |
|---|---|---|---|
| First | Either (1) up to six months with a mandatory minimum of two days or (2) 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 | 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, with operation for the first year limited to travel to or from work, school, an alcohol or drug abuse treatment program, ignition interlock service center, or probation appointment. |
| Third and Subsequent | Up to three years, with mandatory minimum of one year and probation with 100 hours community service | $2,000- $8,000 | License revoked, but the offender is eligible for reinstatement after two years. If reinstated, he or she must drive only interlock-equipped vehicles for as long as the offender drives, except that the DMV commissioner may lift this requirement after 15 years. |
The failure to comply with any BAC testing immediately escalates these penalties:
Required Periods of IID Use after Administrative Per Se License Suspension
| Per Se Violation | First Suspension | Second Suspension | Third or Subsequent Suspension |
|---|---|---|---|
| Age 21 or older: BAC of (1) .08% or more or (2) .04% or more if operating a commercial vehicle | 6 months | 1 year | 2 years |
| Under Age 21: BAC of .02% or more | 1 year | 2 years | 3 years |
| Test refusal, regardless of age | 1 year | 2 years | 3 years |
While these charts represent the generic penalties under Connecticut law, penalties frequently change depending on an entire array of factors, including:
- Discussions during plea negotiations;
- A defendant’s age;
- Whether a defendant holds a CDL;
- The presence of any children;
- Serious physical injury to another, and
- So much more.
In all, the consequences associated with DUI convictions can be severe and far-reaching. For these reasons, it is important to take the right steps after a DUI arrest.
What Should You Do After Getting a DUI?
Step 1: Know Your Rights, and Keep Quiet
Under no circumstances are you ever legally obligated to speak to the police. Your right to remain silent is protected by the Fifth Amendment of the U.S. Constitution, and you have the right to request an attorney’s presence. There exist exceptions for providing identification, registration, insurance, and other limited purposes, but none for questions about the incident itself.
Be aware, however, that your choice to remain silent may have other practical effects. Refusing to comply or answer questions may lead to suspicion or potentially escalate the situation. For these reasons, it is always important to remain calm, be respectful, and cooperate only to the extent required under the law.
If you are unsure whether this right applies to you and your specific circumstances, never hesitate to consult with an attorney.
Step 2: Document
Memory fades with time. Being sure to document the incident will preserve your recollection throughout the lifetime of your case. Here are some questions to get you started:
- Where did you come from?
- How much did you have to drink?
- What happened during your interaction with law enforcement officers?
- Did the officers read you your Miranda rights?
- Did you refuse any BAC testing?
- Was anyone else present?
- Was anyone injured?
- Was there any property damage?
NEVER share these documents with anyone except your attorney, or it may be used against you.
Step 3: Consult With an Attorney
Whether you decide to hire an attorney or not, even consulting with an attorney can significantly improve your chances of a favorable outcome in your case.
At your consultation, a trustworthy attorney will provide legal expertise on Connecticut law, help you navigate the legal process to come, assess the mitigating and aggravating factors present in your case, and discuss all potential outcomes based on decades-long experience in the field.
Safeguarding your future is of the utmost importance. It is essential to take these charges seriously and give genuine consideration in deciding whether to hire legal representation.