If you have just been arrested for a drunk driving charge in Connecticut the penalties, even if it is your first arrest, can be harsh.  Programs are available to reduce the charges if you have a decent case and a knowledgeable defense lawyer.  You don't want to go to court or to the DMV without first getting the advice from a lawyer.

In Connecticut, driving your car while under the influence of alcohol or drugs is a crime.  The State can prosecute you with or without knowing your blood alcohol concentration (BAC).  What matters is whether or not your ability to drive has been impaired.

It is the law in Connecticut that your driver's license is considered a "privilege", and not a "right", and because of this any person who drives a car in Connecticut is presumed to have given consent to a test to determine their blood alcohol concentration.  This law is called the Implied Consent Law.  Although you cannot be required to take the blood alcohol concentration test, it is often wise that you do so.

You are legally intoxicated if your BAC is .08 or above.  Even worse, if you are under 21 years of age you are considered intoxicated at a BAC of only .02 or higher.  Ingredients in medications, like cough medicine, can have a small amount of alcohol in it and this is why drivers under 21 years of age are given this small margin of error.

If you are arrested for driving under the influence (OUI or DUI), the police will normally handcuff you and put you in the back of the cruiser.  They will bring you to the police station where they will read you your rights and offer you the opportunity to take the BAC test.  If you refuse to take the test, they must warn you that your license will be suspended by the motor vehicle department.  The length of the suspension is based on a number of factors, including whether or not you are under 21 years of age and whether or not you have had previous DUI arrests.  If the BAC test shows that you have .08 blood alcohol content or higher, it will be presumed that you were operating under the influence and you will be arrested and will have to go to court.  You may be kept by the police in the lock-up until you are bailed out.

In Connecticut there are two separate and distinct ways you could lose your license if you are arrested for DUI: through the motor vehicle department and through the criminal court.

1.    The Motor Vehicle Department:

If you make a timely request, the DMV will conduct a hearing, limited to four issues: (1) Did the police officer have probably cause to arrest you; (2) were you placed under arrest; (3) did you refuse to submit to the test or if you did take the test (within two hours of driving) do the results show that you had an elevated blood alcohol content; and (4) were you actually operating the motor vehicle.  You will NOT have your license revoked if you "win" on any one of these points.  At first glance the outcome may seem bleak, but there may be good reason for you to contest any or all of these four issues.

Length of Suspension:  If it is your first suspension and you took the test and failed, your license will be suspended for ninety days.  If you took the test and the results were .16 or more, your license will be suspended for one hundred twenty days.  However, if you refused to submit to the test, your license will be suspended for six months.

If your driver's license was previously suspended for the same reason, and you took the test and failed, your license will be suspended for nine months.  If the ratio of alcohol in your blood was .16 or more, your license will be suspended for ten months, and if you refused to submit to such test your license will be suspended for one year.

If you took the test and failed and you have two or more times had your driver's license suspended for this reason, your license will be suspended for two years; if you took the test and the ratio of alcohol in your blood was .16 or more, your license will be suspended for two and one-half years; and if you refused to take the test your license will be suspended for three years.

These penalties are doubled if you are under 21 years of age and the test results show a BAC of .02 or higher.  If you were sixteen or seventeen years of age at the suspension for a first offense is one year or eighteen months if you refused to submit to the test.

2.    Criminal Court:

In addition to the penalties imposed by the motor vehicle department you will also have to appear in the criminal court.  The court location is based upon the town in which you were arrested.  If you are convicted of operating under the influence in the criminal court, then the judge must impose the following penalties:  for a first offense the fine is a minimum of $500 and a maximum of $1,000; jail could be six months, 48 hours of which is mandatory (or in the alternative the 48 hours in jail can be avoided if you perform 100 hours of community service).

The conviction in the court will lead to an additional, separate suspension by the DMV for one year.  If the court ordered suspension takes place during the term of the administrative, DMV suspension, then the two will run together "concurrently."

For a second conviction within ten years the minimum fine is $1,000 and the maximum fine is $4,000.  The jail sentence could be two years, 120 days of which cannot be suspended and is mandatory.  In addition there is 100 hours of community service required.  Suspension by the motor vehicle department will be for three years, or if you are under 21 years of age, until you are 21, whichever is longer.

For a third conviction within 10 years after your last conviction, the fine is a minimum of $2,000 and a maximum of $8,000.  Jail could be three years, one year minimum is mandatory.  100 hours of community service will be required.  The motor vehicle department will permanently revoke your license.  (After six years have passed you can ask the DMV to give you back your license, but it is not guaranteed.)  Any jail sentence will also carry a period of probation and a violation of probation can lead to your serving the balance of the original sentence imposed by the court.

In addition to these penalties the DMV may require you to attend an intensive weekend program in alcohol education before restoring your license.


The legislature is changing the DUI laws every year and you should periodically review our website to be sure that you are current in your understanding of the penalties for DUI.

We can try to help you avoid some or all of these penalties and allow you to avoid jail and even keep your license from being suspended.