Operating Under the Influence: Connecticut's Drunk Driving Laws
The consequences of an OUI conviction can be severe, including driver's license suspension and required use of an ignition interlock device, so it's important to take action quickly if accused of OUI.
January 10, 2013
In Connecticut, a person may be convicted of Operating Under the Influence if he or she operates a motor vehicle with a blood-alcohol content of 0.08 percent or greater. In addition, a driver may face OUI charges without regard to BAC if the arresting police officer believed the person's ability to drive safely was impaired by alcohol or drugs. The consequences of an OUI conviction can be severe, including driver's license suspension and required use of an ignition interlock device, so it is important to take action quickly if accused of OUI.Connecticut's OUI laws
Connecticut law presumes that a driver is legally intoxicated and unsafe to drive if he or she is age 21 or older and has a BAC of 0.08 percent or greater. If the driver is less than 21 years old, he or she is presumed intoxicated with a BAC of 0.02 percent or greater.
If the driver is convicted of a first-time OUI, the penalties include a 45-day driver's license suspension and required use of an ignition interlock device for one year following reinstatement of the driver's license. For a second offense, the driver's license will be suspended for 45 days or until the driver's 21st birthday, whichever is longer. In addition, the driver must use an ignition interlock device for three years. For a third or additional conviction, the driver's license may be permanently revoked.
The driver is required to pay for installation and maintenance of an ignition interlock device in his or her car. In addition, the driver must bring the vehicle to the installer every 60 days for calibration of the device. If the individual fails to calibrate the device as required or is convicted of tampering with, removing or allowing someone else to blow into the device, his or her driver's license may be suspended again.
Administrative license suspension
In addition to these criminal penalties, individuals convicted of OUI in Connecticut also face administrative license suspension by the Department of Motor Vehicles. If a driver age 21 or older refuses to submit to a blood, breath or urine test when stopped on suspicion of driving under the influence, his or her license will be automatically suspended for six months unless the driver timely and successfully challenges the administrative suspension at a hearing.
If the driver completes a test with a BAC between 0.08 percent and 0.16 percent, the administrative suspension period will be 90 days for a first offense, nine months for a second offense and three years for a third or subsequent offense. If the driver's BAC was greater than 0.16 percent, the administrative suspension periods are 120 days, 10 months and two-and-a-half years, respectively.
Underage drivers 18 to 20 years old face administrative license-suspension periods ranging from six months to five years, depending on the driver's BAC. Drivers age 16 or 17 face administrative suspension for one year to five years, depending on the driver's BAC, with harsher penalties for test refusal and a BAC of 0.16 percent or higher.
The procedures following arrest for OUI in Connecticut are complex and involve important deadlines. If you have been arrested on suspicion of drunk driving, contact an experienced drunk driving defense attorney for legal assistance.
Article provided by Kevin Smith, Attorney at Law
Visit us at www.kevinsmithlaw.com