Connecticut’s Drunk Driving Law Operating Under the Influence (OUI)
In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense. This offense may be prosecuted with or without any direct evidence of a person’s BAC. The determining factor is whether a person’s ability to drive has been impaired. Driving is a privilege, and under Connecticut’s Implied Consent Law any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine blood alcohol concentration (BAC). You are legally intoxicated if your BAC is .08 or above. If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher. Any amount of alcohol will affect driving ability. Alcohol’s effect is magnified by emotions, physical condition, use of prescription drugs or other types of drugs, some over-the-counter medications and some herbal supplements.
If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
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. Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.
Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:
IID requirement for drivers under 21 years old*
Blood Alcohol Level |
First Offense |
Second Offense |
Third or Subsequent Offense |
Test results of .02 or higher |
1 year |
2 years |
3 years |
IID requirement for drivers 21 Years Old and Older*
Blood Alcohol Level |
First Offense |
Second Offense |
Third or Subsequent Offense |
Test results of .08 or higher |
6 months |
1 year |
2 years |
IID requirement for ALL drivers*
Refusal of test |
First Offense |
Second Offense |
Third or Subsequent Offense |
Refusal to submit to a breath, urine, or blood test |
1 year |
2 years |
3 years |