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Legal Intoxication: BAC Levels Based on License

A driving under the influence (DUI) offense is when a driver operates a vehicle under the consumption of alcohol, drugs, or other intoxicants. Across the United States, the blood alcohol content (BAC) limit is set at .08% for drivers over 21 years of age, but that isn’t the case for those under 21 and for commercial drivers. Below is a breakdown of each of these situations and the possible consequences attached.

Over 21

If you are over 21 years old and are caught with a BAC over .08%, you may be subjected to criminal and administrative actions. For a first offense, you face up to 6 months (minimum 2 days) in prison and/or up to a $1,000 fine. In addition, you face points on your record, driver’s license suspension, and community service. A second offense may result in 2 years imprisonment (120 days mandatory), up to a $4,000 fine, 3 years of license suspension and mandatory community service. A third offense may result in 3 years imprisonment (mandatory 1 year), up to an $8,000 fine and a permanent suspension of your license.

Under 21

If you’re under 21, you can be convicted of DUI if your BAC is over .02%. If you are convicted, your license may be suspended for 1 year after the first conviction, 3 years after the second conviction and permanently following a third DUI. You also won’t be able to participate in an Ignition Interlock Device program, which allows you to get your license back faster. Apart from these actions, you may also face the penalties mentioned above for drivers over 21.

Commercial Vehicle Drivers

If you drive a commercial vehicle and have a commercial driver’s license (CDL), you can be charged with driving under the influence for a BAC over .04%. A first offense results in a 1 year suspension of your CDL license, but it could be upgraded to 3 years if you’re transporting hazardous materials. A second offense results in a permanent suspension of your CDL, meaning you won’t be able to work in the industry again. Apart from these actions, you face the penalties mentioned in the section for drivers over 21.

Hire Us Today

A DUI can stay on your record for years, affecting your career, housing and other important aspects of your life. If you have been arrested for drinking and driving, contact our Connecticut DUI attorneys at Tomeo Sills, LLC. Whether it’s your first offense, or you’re a repeat offender, our firm can assist you with any criminal defense and DUI matter.

Call us at (844) 913-7747 or fill out our online form today.