Underage OUI/DUI in Connecticut

In Connecticut, it's illegal to operate a motor vehicle while "under the influence" (OUI) of drugs or alcohol or with an "elevated" blood alcohol content (BAC). "Under the influence" means that the operator's ability to drive is "affected to an appreciable degree."

Generally, an "elevated" BAC is .08% or more. But 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.

An OUI arrest typically triggers two separate proceedings: a criminal court prosecution, ("criminal proceedings") and an action by the Department of Motor Vehicles (DMV) ("administrative proceedings"). This article gives an overview of the criminal and administrative penalties an underage motorist faces for an OUI.

Initial arrest

There are special arrest procedures for OUI offenders who are 16 or 17 years old. The police seize the youth's license and typically tow the car. The police keep the license for 48 hours, during which time it is automatically suspended. The driver's parent or legal guardian must appear in person and sign to retrieve the youngster's license. The driver and his or her family are responsible for towing and storage expenses.

Pretrial Alcohol Education Program

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.

Criminal Penalties

"Criminal penalties" are those imposed by a judge in court following a conviction. An underage OUI offender can generally expect the following criminal penalties:

• 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 ignition interlock device (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).

Administrative Penalties

An OUI arrest—even without a conviction in court—can lead to administrative consequences imposed by the DMV. These consequences generally include:

• First offense. For a first underage OUI, the DMV imposes a 45-day license suspension and a one-year IID requirement.
• Second offense. For a second underage OUI, the DMV imposes a 45-day license suspension and two-year IID requirement.
• Third offense. For a third underage OUI, the DMV imposes a 45-day license suspension and three-year IID requirement.

Generally, when two license suspensions are imposed (one by the court and another by the DMV), they are allowed to overlap. So the driver doesn't end up having to complete both full suspensions.