Connecticut Criminal Lawyer Blog

Getting a DUI is terrifying, and if you have never gotten one before, you probably have many questions on your mind. If you have gotten a first-time DUI charge, it is important to understand what this means by Connecticut law. The good news is that a first-time DUI is not nearly as serious as other DUI cases. Because of this, the repercussions will be much less significant, and defending this case is less difficult. Here is everything you need to know if you have been charged with a first-time DUI.

First-Time DUI Offense in Connecticut

States like Connecticut have strict laws around driving under the influence, which can result in DUI charges. It is important to understand that being under the influence does not just include alcohol. You could be considered driving under the influence if you are taking marijuana, illegal drugs, or prescription medications. Anything inhibiting your driving ability could set you up for a first-time DUI offense. This includes anything that interrupts concentration, your ability to stay awake, or decision-making skills. For first-time DUI convictions, this includes both criminal and administrative penalties. The DMV is alerted if you have been arrested and charged with operating a vehicle while under the influence. The DMV will then act by suspending your license if you refuse a chemical test to check for drugs or alcohol or if you fail a chemical test. These tests could include a chemical breath test, blood test, or urine test at the election of the arresting officer.  Most DUI arrests in Connecticut rely upon a breath sample, the least accurate method to measure BAC.

Statistics show that 10% of all criminal arrests made in the US are comprised of DUI arrests. This shows just how common DUIs are all across America. That said, it is important to understand that DUIs will differ everywhere you go. If you live in Connecticut, the DUI process may look a little different than in Ohio. If you have been charged with a DUI in Connecticut, there are important things you will need to understand about what happens afterward. This article will break down every aspect of a DUI case you need to know about. Keep reading to discover about DUI cases and what happens when you get a DUI in Connecticut.

What Classifies as a DUI in Connecticut?

Drugs and alcohol are against the law when operating a vehicle if they impair your driving ability. This is because alcohol and drugs affect your ability to safely focus on the road and operate a vehicle.  In Connecticut, a DUI stands for driving under the influence. You can receive a DUI if you are operating a motor vehicle under the influence of alcohol or drugs. It’s important to understand that these offenses can be prosecuted without direct evidence. Direct evidence would be the blood alcohol concentration of the person driving or BAC.  This evidence is not always required if the person is obviously impaired. If you are operating a vehicle in Connecticut, this is also considered to be your automatic consent to a BAC test by operation of statute if the police have probable cause to make an arrest for DUI. You are legally intoxicated if the BAC shows .08 or above. This only applies to adults over the age of 21. You are considered intoxicated if your BAC is .02 or higher as a driver under 21.  In some cases, even if you refuse a chemical test, police can claim intoxication based on your condition and actions. There are different tests that they can do without the BAC to determine this, such as a field sobriety test, but it is not always concrete.  A field sobriety test is a subjectively scored test that many sober people will fail and is considered unreliable.  The best Connecticut DUI lawyers will always advise you to refuse a field sobriety test and not answer any police questions about whether or not you were drinking or using drugs.

Many clients do not understand that an arrest for a DUI will result in two separate proceedings against them.   The first is a criminal case in the Superior Court.   Many first-time offenders may be eligible for the IDIP diversionary program, which can result in the dismissal of the criminal DUI charge.   However, regardless of the outcome in the Superior Court with the DUI allegation, the CT DMV will usually institute a separate administrative procedure to suspend your license. The DMV case is adjudicated in a separate administrative appeal by the DMV, not the court.

DMV Administrative Per Se License Suspensions 

When you are arrested for a DUI, the arresting officer, in most cases, will ask you to perform a chemical test to determine if you are intoxicated.  It is challenging as you must decide quickly whether to take the chemical test.   Since 2014, Connecticut has gone to an all-offender interlock system in which all license suspensions from the DMV are for 45 days, followed by a period when an interlock device must be installed in the vehicle.