If you are charged with drinking and driving or driving while under the influence of drugs, it is a very good idea to understand the Connecticut DUI laws that the state may use in your prosecution. Having a basic understanding of how Connecticut handles a DWI case will prepare you for what is ahead, and it may give you some information to use when looking for qualified Connecticut DUI lawyers.
As with most states, the DUI laws of Connecticut are used in two cases that will begin upon your arrest for drunk driving: an administrative process with the Connecticut DMV that will deal with your driver’s license, and the criminal prosecution. Both of these cases are serious, and either one may have a tremendous impact on the quality of your life.
After your arrest, you will receive a notice from the DMV. You have only seven days from the date of this notice to request a hearing. If you do not request a hearing within seven days, your driver’s license will be automatically suspended. While you may not win the DWI hearing with the DMV, your license will not be suspended while you are waiting for it, and the hearing may give your Connecticut DUI lawyer or attorney some valuable information that can be used in the criminal prosecution. In addition to any penalties set by the criminal courts, the DMV will suspend your license for 90 to 120 days for the first offense, 9 to 10 months for the second, and two to two and a half years for the third.
The prosecution may proceed under the Connecticut DUI laws under two different theories: impairment, or “per se”. With the impairment theory, the state must only prove that your ability to drive was impaired by alcohol or drugs, and they do not have to prove that you had a certain body alcohol level. Under the per se theory, the state will have to show that your blood alcohol level was at least .08%, and it does not matter if your ability to drive was impaired by drugs or alcohol.
The extent of the punishment under the Connecticut DUI laws will vary depending upon how many times you have been convicted of a DWI in Connecticut. If your last conviction for drunk driving was more than ten years ago, it will be treated as a first time offense. If your first conviction was within ten years, this arrest will be treated as your second DWI.
For the first DWI conviction, under Connecticut DUI laws, you may be sentenced to two days to six months in jail, or the sentence may be suspended in exchange for 100 hours of community service. You will be fined a minimum of $500, and your license may be suspended for one year.
For the second Connecticut DWI you will be sentenced for two years, or 120 days plus 100 days of community service. Your license will be suspended for three years. You will also be fined between $1,000 and $4,000.
For the third conviction within ten years, Connecticut DUI laws dictate that you be sentenced for three years, or one year plus 100 hours of community service. You will be fined between $2,000 and $8,000. Your driver’s license will be permanently revoked.
If you are charged with drinking and driving in Connecticut, please speak with several Connecticut DUI lawyers as quickly as possible. There simply is no time to wait.