Connecticut’s DUI Penalties and Fines

• DUI in Connecticut Implied consent – evidence of refusal
  • Evidence that a driver refused to submit to a blood, breath or urine test may be used in any criminal prosecution for a violation of C.G.S.A. § 14-227a(a). The court is to instruct the jury as to any inference that may or may not be drawn from the refusal. C.G.S.A. § 14-227a(e). Implied consent – administrative / civil penalty for refusal
    • First refusal:  driver’s license suspension of 45 days; use of IID for one year
    • Second refusal:  driver’s license suspension of 45 days; use of IID for two years
    • Third or subsequent violation:  driver’s license suspension of 45 days; use of IID for three years. C.G.S.A. § 14-227b(i)
  • DUI in Connecticut Implied consent – criminal penalty for refusal Conviction – administrative / civil penalty (license suspension, use of IID)
    • First conviction:  driver’s license suspension of 45 days; use of IID for one year. o
    • Second violation:  driver’s license suspension of 45 days; use of IID for three years. o
    • Third or subsequent conviction:  driver’s license permanently revoked; must wait at least two years for reconsideration hearing. C.G.S.A. § 14-227a(g).
  • Connecticut DUI Conviction – criminal penalties (jail sentence, fines, community service)
    • Connecticut 1st DUI Conviction — Jail sentence of 48 hours to six months (or suspended sentence and 100 hours of community service); fine of $500-$1,000.
    • Connecticut 2nd DUI Conviction — Within 10 years jail sentence of 120 days to two years; fine of $1,000-$4,000; sentenced to probation (100 hours community service, assessment and possible treatment program).
    • Connecticut 3rd DUI or subsequent conviction within 10 years — Felony; jail sentence of one to three years; fine of $2,000-$8,000; sentence to probation (100 hours community service, assessment and possible treatment program). C.G.S.A. § 14-227a(g).
    • Operating a motor vehicle while under the influence and causing “serious physical injury” to another person is assault in the second degree with a motor vehicle and a Class D felony. C.G.S.A. § 53a-60d.
    • Operating a motor vehicle while under the influence and causing the death of another person is manslaughter in the second degree with a motor vehicle and a Class C felony. C.G.S.A. § 53a56b.
  • Connecticut Treatment
    • In addition to any fine or sentence imposed, the court may order a violator to participate in an alcohol education and treatment program. C.G.S.A. § 14-227a(j). o
    • Upon a second conviction, the offender must submit to an assessment through the Connecticut Court Support Services Division of the degree of such person’s alcohol or drug abuse, and undergo a treatment program if so ordered. C.G.S.A. § 14-227a(g)
  • Marijuana use in vehicle in Connecticut
    • Connecticut allows certain registered patients to use marijuana for medicinal purposes. A patient may not ingest marijuana “in a motor bus or a school bus or in any other moving vehicle.” C.G.S.A. § 21a- 408a(b)(2).
  • Connecticut Selected state court decisions
    • State v. Weisenberg, 830 A.2d 795 (Conn. Ct. App. 2013)  rejecting defendant’s request to overturn jury conviction because prosecution had not proven the exact quantity of drugs in bloodstream.
  • Reference: *Drugged Driving: 2016 Summary of Key Provisions of State Laws

There are two ways to lose your license:

1. Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV.  Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test.  In most cases, the suspension will begin 30 days after the arrest date.  The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.   A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing.  If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

2. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date.