Driving Under the Influence Laws (DUI/OUI) and Penalties in Connecticut

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.

How Connecticut Defines Operating Under the Influence

In Connecticut, you can be convicted of an OUI charge for operating a motor vehicle:

• with an elevated blood alcohol content (BAC) (.08% or greater, .04% or greater if the driver was operating a commercial vehicle, and .02% or greater if the driver was under 21 years old), or
• while under the influence of intoxicating liquor or any drug.

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.

Penalties for a First OUI/DUI in Connecticut—Misdemeanor

For a first OUI within 10 years, the driver will normally face:

• 48 hours to six months in jail (30 days minimum if the offense involved minor passengers)
• $500 to $1,000 in fines
• up to 100 hours of community service (community service can substitute for jail time),
• a one-year ignition interlock device (IID) requirement, and
• a 45-day license suspension.

A first OUI is generally a misdemeanor.

Penalties for a Second OUI/DUI in Connecticut—Misdemeanor

For a second OUI within 10 years, the driver will normally face:

• 120 days to two years in jail (180 days minimum if the offense involved minor passengers)
• $1,000 to $4,000 in fines
• 100 hours of community service,
• a three-year ignition interlock device requirement, and
• a 45-day license suspension.

A first OUI is generally a misdemeanor.

For repeat OWI violations, the driver must complete a drug and alcohol evaluation prior to sentencing. The court will review the evaluation results and can order the offender to complete treatment or other rehabilitation programs.

Penalties for a Third OUI/DUI in Connecticut—Felony

For a third OUI within 10 years, the driver will normally face:

• one to three years in jail (two years minimum if the offense involved minor passengers)
• $2,000 to $8,000 in fines
• 100 hours of community service, and
• a permanent license revocation.

A first OUI is generally a felony. Third offenders must complete a drug and alcohol evaluation and complete any treatment ordered by the judge.

Connecticut's Underage DUI Law

Connecticut has essentially a zero-tolerance policy for motorists under age 21. For these underage drivers, it's illegal to operate a vehicle with a BAC of .02% or greater. The penalties for an underage DUI are:

• First offense. On a first offense OUI, an underage driver is looking at a maximum prison sentence of six months, $500 to $1,000 in fines, and a term of probation. The underage motorist also faces a license suspension of 45 days and a one-year IID requirement.
• Second offense. For a second conviction within ten years, an underage driver is looking at 120 days to two years in prison, $1,000 to $4,000 in fines, and a term of probation. The underage motorist also faces a license suspension of 45 days and a three-year IID requirement.
• Third offense. For the third conviction within ten years of the last, an underage driver is looking at one to three years in prison, $2,000 to $8,000 in fines, and a term of probation. The underage motorist also faces permanent license revocation (with the possibility of reinstatement).

Depending upon certain factors, the Pretrial Alcohol Education Program (AEP) is available to an underage driver for a first OUI arrest. AEP involves ten to 15 alcohol intervention sessions, program fees of $550 to $750, and, usually, a victim impact panel (an additional $75). By successfully completing AEP the offender can avoid an OUI conviction.

Administrative Driver's License Penalties for OUI Violations in Connecticut

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.

Talk to a Connecticut DUI/OUI Lawyer

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.