As in other states, in Connecticut, it's illegal to drive while under the influence of drugs or alcohol. Connecticut uses the term "operating under the influence" (OUI), but some people still refer to the offense as "driving under the influence" or "DUI."
This article covers some of the basics of Connecticut's OUI laws and the penalties you'll face for a first, second, or third OUI conviction.
In Connecticut, you can be convicted of an OUI charge for operating a motor vehicle:
Connecticut law defines "under the influence" as so affected in the mental, physical, or nervous processes that the driver lacks—to an appreciable degree—the ability to function properly in relation to the operation of a vehicle.
An OUI for an elevated BAC—also called a "per se OUI,"—is based on chemical test results, and not the actual level of impairment. The amount of alcohol a person can consume before exceeding the BAC limit depends on a number of factors, including gender, body size, and the type of alcohol.
The minimum and maximum OUI penalties are set by statute, but the judge will determine—at sentencing—the exact jail term and fine amount.
|
Jail |
48 hours (or 100 hours community service) up to 6 months |
120 days to 2 years |
1 to 3 years |
|
Fines |
$500 to $1,000 |
$1,000 to $4,000 |
$2,000 to $8,000 |
|
License Suspension |
45 days |
45 days |
Permanent |
|
1 year |
3 years |
NA |
Anyone convicted of a second or subsequent OUI conviction will have to complete a drug and alcohol assessment. Based on the results, the convicted person may be ordered to participate in treatment or other rehabilitative services.
A first OUI sentence can include 100 hours of community service, and for a second or subsequent offense, 100 hours of community service is required.
All drivers in Connecticut are considered to have "impliedly consented" to testing of breath, blood, or urine for an OWI investigation. Any driver who unlawfully refuses testing or produces a BAC over the legal limit will be subject to immediate license seizure, a 45-day license suspension, and IID restrictions.
These penalties can result from an OUI arrest and are imposed by the DMV and don't require an OUI conviction in criminal court.
A driver with a BAC over the legal limit will be required to hold an IID for six months after the suspension period. A second offense will require a one-year IID restriction, and a third offense will require a three-year IID restriction.
Drivers under the age of 21 who are caught driving a BAC of .02% or greater will be required to hold an IID for one year after the suspension period. A second offense will require a two-year IID restriction, and a third offense will require three years with an IID.
A driver who refuses a breath, blood, or urine test will be required to hold an IID for one year after the 45-day suspension. A second and third offense will require two- and three-year IID installations, respectively.
Because the penalties for an OUI are so severe, it's a good idea to get in contact with a qualified lawyer following an OUI arrest. An experienced OUI attorney can review your case, let you know what you're facing, and help you decide on the best way to deal with your situation.