Stopped for DUI in Connecticut: 6 Things to Know
Connecticut has tough DWI laws, particularly where young drivers are concerned. For example, a young driver – 16 or 17 years old – who refuses a request for a blood, urine or breath test to determine blood alcohol concentration (BAC), faces an 18-month license suspension for a first offense. That same driver would face a suspension of 1 year for a first-offense DUI conviction. Drivers between 18 and 20 years of age face a 1 year driver’s license suspension for a first refusal of a chemical test. That’s a stiffer suspension than drivers between 18 and 20 years old face for a DUI conviction – 6 months. If you are stopped for a DUI in the state, no matter your age, here are six important issues to consider.
1. Implied consent and sobriety testing
Connecticut’s Implied Consent Law requires that drivers stopped for suspicion of DUI submit to a chemical test to measure BAC. The idea behind the implied consent is that drivers give up the right to refuse a chemical test when receiving a license to drive on the roads of the state. Many drivers believe they have to follow all instructions of a police officer during a DUI stop. But Connecticut DWI lawyers say it is not only legal but a good idea to refuse a request for a field sobriety test. There is no penalty for refusing the test and lawyers say it is not unusual for sober drivers to fail the test. You should, however, get out of your car if ordered to do so by a police officer, even if you are refusing the test.
2. Refusing the chemical test
Can a driver in Connecticut refuse to submit to a chemical test? It is possible, but the refusal is breaking the law and a driver will automatically have his or her license suspended for 6 months. That increases to 1 year for a second refusal and 3 years for refusing the chemical test on a third occasion. Many DUI lawyers point out that it’s still possible to be convicted for DUI even after refusing the chemical test. The evidence for a conviction comes from the testimony of the officer and from the fact that the driver refused to submit to a chemical test.
3. First offender program
While Connecticut’s DUI laws are among the toughest in the country in many ways, the state also has a special program designed to give first offenders a second chance. The Alcohol Education Program makes it possible for a driver with no previous DUI record to enter a diversion program – at a cost of up to $500 – and then have the DUI charge dismissed at the completion of the program. The driver must attend alcohol education classes and not have any criminal activity for 6 months or a year in order to have the charge dropped.
4. More than .08 to worry about
There are different BAC limits that apply to different classes of drivers in Connecticut. For adults with a regular driver’s license, state law assumes a driver is impaired with a BAC of .08 or above. However, the limit is much lower for younger drivers. Anyone under the age of 21 is violating the law with a BAC of at least .02. There is a separate limit for drivers with commercial licenses – such as the drivers of big rigs and school buses. That limit is .04 BAC.
5. DUI penalties in Connecticut
If you are convicted of DUI in Connecticut, even for a first offense, the penalties are significant. A first-offense conviction triggers a fine of $500 to $1,000, a 45-day driver’s license suspension before becoming eligible for an ignition interlock device and up to 6 months in jail with a mandatory minimum sentence of 48 hours. A driver convicted of first-offense DWI also must serve up to 100 hours of community service. For a second offense, the jail sentence is up to 2 years, with a mandatory minimum suspension of 120 days along with a fine of between $1,000 and $4,000 and up to 100 hours of community service. A third offense DWI, within a 10-year period, is a felony punishable by up to 3 years in prison.
6. Total cost of a DUI in Connecticut
Expect to spend $10,000 to $20,000 during the first year following a first-offense DWI conviction, according to Connecticut criminal attorneys. The costs range from up to $300 for bond and $250 for vehicle storage to $150 to have your license reinstated. Attorneys fees will range widely – perhaps as high as $7,500 – while the cost of car insurance will double or triple and remain at that level for at least three years. Many people convicted of a DUI lose their jobs, and it can be extremely difficult to find a good job with a criminal conviction, even if it’s a misdemeanor.
The information contained above is for informational purposes only. If you need legal advice you should consult an attorney.