Defense Attorney for DUI & License Suspension Laws
In Connecticut, it is against the law and considered a crime to drive while your license is under suspension. If your license is under suspension as a result of a DUI incident, then the penalties for driving under suspension are more severe.
According to Connecticut license suspension laws youwill face a suspension to your driver’s license or your privilege to drive in Connecticut after any DUI related arrest or incident. After a negative ruling at your DMV hearing under Connecticut General Statutes § 14-227b (Implied Consent Law) or a criminal DUI conviction under § 14-227a, the DMV will suspend you. If you are suspended, you with then be required to use an ignition interlock device “IID” for a period of time thereafter. If you are facing the possibility of a license suspension, our Connecticut DUI Defense attorneys will take your case head-on and fight to either reduce the suspension and IID time and/or fight to retain your driving privileges altogether.
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DUI License Suspension Penalties in Connecticut
In Connecticut all DUI license suspensions are for a period of 45 days. Afterwards you will be required to utilize an IID for the following time periods:
FIRST IMPLIED CONSENT VIOLTION
- 6-month IID Requirement for failing a breathalyzer test with a BAC above.08% provided you are over 21 years of age
- 1-year IID Requirement for failing a breathalyzer test with a BAC above.02% if you are under 21 years of age
- 1-year IID Requirement for refusing to submit to a breathalyzer test regardless of your age
SECOND IMPLIED CONSENT VIOLTION
- 1-year IID Requirement for failing a breathalyzer test with a BAC above.08% provided you are over 21 years of age
- 2-year IID Requirement for failing a breathalyzer test with a BAC above.02% if you are under 21 years of age
- 2-year IID Requirement for refusing to submit to a breathalyzer test regardless of your age
THIRD OR SUBSEQUENT IMPLIED CONSENT VIOLTION
- 2-year IID Requirement for failing a breathalyzer test with a BAC above.08% provided you are over 21 years of age
- 3-year IID Requirement for failing a breathalyzer test with a BAC above.02% if you are under 21 years of age
- 3-year IID Requirement for refusing to submit to a breathalyzer test regardless of your age
FIRST DUI CONVICTION
- 1-year IID Requirement
SECOND DUI CONVICTION
- 3-year IID Requirement
- During the first year, you are restricted to only driving an IID equipped vehicle to work, school, alcohol or drug abuse counselling or treatment, probation appointments, and IID service appointments
THIRD OR SUBSEQUENT DUI CONVICTION
- Permanent revocation
- After two years, you can apply for reinstatement provided you meet certain conditions.
- If the DMV does reinstate your license you, you will be required to use an IID for life.
- You can apply to have the IID removed after 15 years provided you meet certain conditions
Operating Under Suspension in Connecticut
If are stopped driving during your 45-day DUI suspension, then you will be charged with Operating under Suspension (OUS) in violation of Connecticut General Statutes § 14-215(c). In order to convict you of OUS, the prosecutor only needs to prove that you were operating a motor vehicle and that your license was suspended as a result of a DUI offense.
Operating under a license suspension resulting from an alcohol related offense requires mandatory jail time even for a first offense. If the judge finds mitigation, he or she may suspend all or some of the mandatory jail time. For example, if you were driving your sick spouse the to the hospital, the judge may find you had a good reason for driving – even under suspension. Judges finding mitigation is rare however. An attorney knowledgeable in OUS laws and procedures can help argue to keep you out of jail.
If your license is under suspension as a result of a first DUI violation and you are arrested for OUS then you face the following penalties:
- Up to 1 year in jail with 30 days mandatory unless the judge finds there were mitigating reasons why you were driving
- Fines between $500 – $1,000
- 1-year loss of license
If your license is under suspension as a result of a second DUI violation and you are arrested for OUS then you face the following penalties:
- Up to 2 years in jail with 120 days mandatory unless the judge finds there were mitigating reasons why you were driving
- Fines between $1,000 – $4,000
- 2-year loss of license
If your license is under suspension as a result of a third DUI violation and you are arrested for OUS then you face the following penalties:
- Up to 3 years in jail with 1 year mandatory unless the judge finds there were mitigating reasons why you were driving
- Fines between $2,000 – $8,000
- 3-year loss of license
Operating without an IID in Connecticut
After your 45-day DUI suspension expires, you will be required to install an IID. The Connecticut DMV will not reinstate your license until you install an IID in a vehicle. If you do not own a vehicle, a third party can give you permission to install an IID in his or her vehicle.
If you drive after the 45-day suspension, and before you install an IID, you face being charged with the criminal offense of Operating without an IID in violation of Connecticut General Statutes § 14-227k. Even if your license is reinstated after your DUI suspension, if you drive a vehicle that is not equipped with an IID, you also be arrested. The penalties for operating without an IID are the same as those for operating under suspension. Even for a first violation, you will face mandatory jail time. If you tamper with your IID or solicit someone else to blow into your IID, you will also be charged with a crime.
Helping You Retain Your Driving Privileges
Fortunately, there are legal processes by which you can contest and appeal suspensions, and even methods for obtaining a permit to be able to drive to and from work, school, and medical appointments. The experienced Connecticut DUI lawyers at The Sills Law Firm, LLC can help you understand the options available in your case, and will explore all routes that may help you reduce suspension times or completely retain your driving privileges.
CONTACT OUR OFFICE TODAY TO LEARN MORE ABOUT HOW WE CAN ASSIST YOU WITH YOUR LICENSE SUSPENSION CASE.