Sometimes Connecticut residents travel to other states, like Massachusetts, for business or pleasure and have the unfortunate luck to be charged with a DUI. If this happens to you, you should first find a qualified DUI lawyer in Massachusetts, but you should also be aware of how Connecticut’s DMV will treat you upon your return.
Massachusetts DUI Penalties
If you have been convicted of a DUI in Massachusetts, you would be convicted of violating G.L. ch. 90, § 24(1)(a)(1) of the Massachusetts statutes.
In Massachusetts, the penalties for DUI can range depending on the number of prior DUI offenses you have.
First offense: A first offense conviction will result in a fine of $500-$5,000, a jail sentence of no more than two years to be served at the House of Corrections, and a license suspension for one year. The license reinstatement fee will be $500. Alternative penalties include probation with mandatory participation in an alcohol education program, paid at your own expense and a license suspension for 45-90 days.
Second offense: This offense will result in a fine of $600-$10,000, a license suspension for two years, and an ignition interlock device installed on your vehicle after license reinstatement. License reinstatement will cost $700, and you face a mandatory 60-day jail sentence, that can last for up to two years. Alternative penalties include two years of probation and a 14-day treatment program paid at your own expense.
Third offense: This offense is considered a felony and carries a minimum jail sentence of 180 days but will not exceed five years in a state prison. A fine of $1,000-$15,000 must also be paid, and your license will be suspended for eight years. Once your license is reinstated, for a cost of $1,200, you must install an ignition interlock device on your vehicle.
Fourth offense: A fourth offense is also considered a felony. This conviction carries a minimum of two years served in jail, although this sentence will not exceed five years. You must also pay a fine of $1,500-$25,000, and your license will be suspended for ten years. After your license is reinstated, you must install an ignition interlock device on your vehicle.
Fifth offense: Also considered a felony, a fifth offense will result in a two year minimum jail sentence, and this jail sentence could last for up to five years. You will also have to pay a $2,000-$50,000 fine, and your license will be suspended for the rest of your life.
If you are a Connecticut resident who has been charged with or convicted of DUI in Massachusetts, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in Massachusetts as set forth above.
Connecticut DUI Penalties
The Connecticut law on DUI requires the Connecticut DMV to suspend a driver’s license for one year with a first offense conviction, and it will be more if this is not your first offense.
The Connecticut suspension law is found in 14-227a(g) of the Connecticut General Statutes and reads:
(g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer, and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
The reason that Connecticut can impose a Connecticut suspension for an out of state conviction for DUI is that Connecticut law requires the DMV to impose a suspension if they are notified under the Driver’s License Agreement.
If your Connecticut license has additional DUI convictions on its history, you can be subjected to further suspension.
With all convictions for DUI, whether in state or out of state, the Connecticut DMV is requiring the installation of ignition interlock devices on all cars you register in order to have your privilege for driving restored. In addition, the Connecticut DMV can make you take a driver retraining course if you have a certain number of points previously assessed against your driver’s license. See Connecticut General Statutes 14-137a for information.
Once the Connecticut DMV learns of an out of state conviction like the conviction from Massachusetts, they will issue you a suspension notice for your Connecticut license. You do have a right to fight the suspension. The grounds for fighting the suspension are either you were not convicted of a DUI offense or you are not the person who was convicted. Sometimes, it is a good idea to make the DMV obtain the records because if they cannot get the proper records to prove it was you, they will not be able to uphold your suspension. This is a major reason why so many people choose to hire a Connecticut DUI DMV lawyer to fight for them. Another reason why people hire a Connecticut lawyer is because they want to delay the suspension as it usually comes at the worst possible time. Unfortunately, even if Massachusetts only imposes a shorter suspension period, Connecticut’s minimum is one year, so no matter what, that is the bottom line for suspensions of a Connecticut license.
Connecticut has a DUI diversionary program, found at 54-56g of the statutes, but because your case originated in Massachusetts you are not eligible to participate in that program. You must have been arrested in Connecticut to take those classes.
One good thing to know is that Connecticut does not have a criminal refusal statute, so if you were convicted of refusing a test, and not of a DUI, the Connecticut DMV should not suspend your license. You may be required to have a hearing just to show the DMV this evidence.
After hiring a Massachusetts DUI lawyer to help you fight your DUI, you should consider contacting a Connecticut DUI lawyer like our firm with experience in interstate DMV consequences or asking us to assist you in retaining one for your home state consequences.
