The Basics
In the state of Connecticut, if you are 21 or older, you are legally intoxicated if your blood alcohol content (BAC) is a .08 or higher. If you are under the legal age to consume alcohol (21 years old), you are considered legally intoxicated if you have a BAC of .02 or higher. Connecticut has an Implied Consent Law that states that every person who operates a motor vehicle has consented to take a test to determine their blood alcohol content at any time while they are operating a motor vehicle. A person who operates a motor vehicle under the influence of alcohol or drugs will face both criminal and administrative charges (See Figures A and B). The criminal charges require an appearance in court to be prosecuted for a DUI offense. The administrative charges deal with the automatic suspension of your license by the DMV. The Court and DMV are totally independent of each other, however both carry serious penalties.
If you are arrested for a DUI in the state of Connecticut:
• You will be detained by the police and read your rights.
• You will be handcuffed.
• Your vehicle will be searched.
• Your vehicle will be towed at your expense.
• You will be taken in a police cruiser to the police station.
• You will be asked to submit to a BAC test.
• You will be kept in a police lock-up until you are bailed out or released by a judge through an in-court arraignment.
At the Connecticut Department of Motor Vehicles (the “DMV”) all applications for new licenses and renewals are reviewed for previous DUI convictions in other states as well as other serious offenses prior to issuing the license. If a person applying for a Connecticut State license has a previous DUI in another state, it is considered a prior offense within Connecticut if a license is administered.
Connecticut uses many different techniques when detecting and apprehending drunk drivers which include sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, mobile videotaping and BAT Mobiles. Identifying drunk drivers who continue the same behavior of heavy drinking followed by driving is essential in effectively keeping them off the road. The state of Connecticut has over 3.5 million drivers and on average, about 20,000 DUI arrests each year. Any person convicted of DUI will have “at risk driver” imprinted on the back of their license to easily identify them.
For first time offenders, there is a chance, however, to enter into a diversion program. The offender may be allowed to enter into a pre-trial education program for alcohol abuse and it is possible for the court to dismiss charges upon completing the program satisfactorily. The rehabilitation can take the form of outpatient or inpatient treatment.
After conviction, whether after plea or trial, judges most often order defendants to go through an alcohol assessment and evaluation program to determine the level and scope of their problems with alcohol. Treatment for all offenders is mandatory and without successful completion of treatment, license reinstatement will not occur.
IMPORTANT NOTE:
If the DMV suspends your license to drive for a DUI arrest or conviction and you are found operating any vehicle, you will face a MANDATORY 30 DAY JAIL SENTENCE which cannot be reduced by a judge unless the judge finds mitigating circumstances.
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