Driving Under The Influence In Connecticut: DUI Cases And DMV Hearings

Connecticut DUI Traffic Stops

A police officer may stop your car whenever the officer has a “reasonable and articulable suspicion” that a crime, including driving under the influence, has been or is being committed. That is a lower standard than the “probable cause” needed to arrest you. It is measured objectively, based on the facts the officer actually observed, and a court reviews it independently on appeal. An officer may not, however, hold you longer than reasonably necessary to complete the purpose of the stop without developing further suspicion. And simply appearing to be under twenty-one, standing alone, is not enough to justify a stop. (Conn. Gen. Stat. Ann. § 14-227g (West))

During the stop you have the right to remain silent. You may decline to answer the officer’s questions. As a practical matter, exercising that right will not necessarily prevent an arrest, but you are never required to make statements that could incriminate you.

Field Sobriety Tests And The Roadside DUI Investigation

From the moment the officer approaches, the officer is gathering evidence: watching your movements, listening to your speech, and noting the odor of alcohol. If the officer suspects you have been drinking, the officer will usually ask you to step out of the vehicle to perform field sobriety tests.

The three standardized field sobriety tests are the Horizontal Gaze Nystagmus (an eye test), the Walk-and-Turn, and the One-Leg-Stand. The Walk-and-Turn and One-Leg-Stand are “divided attention” tests: they measure whether you can follow instructions and perform physical tasks at the same time. The officer uses your performance, together with everything else observed, to decide whether there is probable cause to arrest you for DUI. Probable cause exists when the facts known to the officer would justify a reasonable person’s belief that an offense has been committed.

These tests are voluntary, and how they are administered and scored is one of the first things I examine in every case.

Chemical Testing And Connecticut’s Implied Consent Law

By driving in Connecticut, you are deemed to have given your “implied consent” to a chemical test of your blood, breath, or urine. (Conn. Gen. Stat. Ann. § 14-227b (West)) After an arrest, the officer, not you, chooses which test to request. (Conn. Gen. Stat. Ann. § 14-227b (West)) That choice is not unlimited: if you refuse or cannot provide a blood sample, the officer must designate another test. (Conn. Gen. Stat. Ann. § 14-227b (West))

Before testing, the officer must advise you of your constitutional rights, give you a reasonable opportunity to telephone an attorney, warn you that a refusal can be used against you in a criminal case, and warn you that your license may be suspended. (Conn. Gen. Stat. Ann. § 14-227b (West)) I want you to understand the limit here: this is only a reasonable opportunity to reach a lawyer. Delaying your decision, or conditioning it on first speaking with counsel, can itself be treated as a refusal.

The test must be started within two hours of the time you were driving. (Conn. Gen. Stat. Ann. § 14-227b (West)) For a breath test, the operator must observe you for at least fifteen minutes beforehand, during which you may not eat, drink, smoke, or regurgitate. (Conn. Agencies Regs. 14-227a-10b)

A note on the equipment: older materials often refer to the Intoxilyzer 5000EN, which Connecticut police departments used years ago. Connecticut has since moved to a different evidential breath-testing instrument, the Draeger Alcotest 9510. Our regulations do not lock in any brand name; the approved instrument is whatever the state has certified. (Conn. Agencies Regs. 14-227a-10b)

Connecticut DUI Cases: Criminal Court And DMV Proceedings

A Connecticut DUI arrest sets two entirely separate cases in motion, and I handle both for my clients:

1. The Criminal Court Case.

This is the prosecution for operating under the influence. Connecticut law makes it a crime to operate a motor vehicle either while under the influence of alcohol or any drug, or while having an “elevated blood alcohol content”: 0.08% for most drivers, 0.04% for commercial drivers, (Conn. Gen. Stat. Ann. § 14-227a (West)) and 0.02% for drivers under twenty-one. (Conn. Gen. Stat. Ann. § 14-227g (West)) The prohibition reaches “any drug,” and in a case involving cannabis a court may take judicial notice that cannabis can impair driving. (Conn. Gen. Stat. Ann. § 14-227a (West)) A conviction can carry:

• First offense: a fine of $500 to $1,000; up to six months in jail (with a mandatory minimum of forty-eight hours that cannot be suspended) or a fully suspended sentence with probation and 100 hours of community service; and a 45-day license suspension followed by one year of driving only with an ignition interlock device. (Conn. Gen. Stat. Ann. § 14-227a (West))
• Second offense (within ten years): a fine of $1,000 to $4,000; up to two years in jail (with a 120-day mandatory minimum) plus probation; and a 45-day suspension followed by three years with an ignition interlock device, with the first year limited to essential travel such as work, school, and treatment. (Conn. Gen. Stat. Ann. § 14-227a (West))
• Third or subsequent offense (within ten years): a fine of $2,000 to $8,000; up to three years in jail (with a one-year mandatory minimum) plus probation; and permanent revocation of your license. (Conn. Gen. Stat. Ann. § 14-227a (West))

Penalties are steeper when a child under eighteen is in the vehicle. (Conn. Gen. Stat. Ann. § 14-227m (West))

2. The Department Of Motor Vehicles Administrative Case.

This is a civil license-suspension proceeding, entirely separate from the criminal charge, and it moves quickly. When you refuse testing, or take a test and register an elevated blood alcohol content, the officer immediately takes your license for a 24-hour period and reports to the DMV. (Conn. Gen. Stat. Ann. § 14-227b (West)) The DMV Commissioner then suspends your license effective on a set date, no later than thirty days after your arrest or test results. (Conn. Gen. Stat. Ann. § 14-227b (West))

Connecticut DMV Per Se Hearings: Act Quickly

You are entitled to contest the DMV suspension at what is called an administrative “per se” hearing. But you must ask for it: you have to contact the DMV to schedule the hearing no later than seven days after the date the suspension notice is mailed. (Conn. Gen. Stat. Ann. § 14-227b (West)) If you do not request a hearing in time, the Commissioner will affirm the suspension automatically. (Conn. Gen. Stat. Ann. § 14-227b (West)) This deadline is one of the most important, and most often missed, steps in the entire process.

The hearing itself is narrow. It is limited to four questions: whether the officer had probable cause to arrest you; whether you were in fact arrested; whether you refused the test or failed it; and whether you were operating the vehicle. (Conn. Gen. Stat. Ann. § 14-227b (West)) You are not required to attend the DMV hearing yourself; as your attorney, I can appear and present your case on your behalf. (By contrast, you must appear personally at your criminal court dates.)

DUI License Suspensions And Ignition Interlock Devices

If the suspension takes effect, the administrative suspension itself lasts 45 days. (Conn. Gen. Stat. Ann. § 14-227b (West)) To get your license back, you must install an ignition interlock device on every vehicle you own or drive, and keep it for a set period. (Conn. Gen. Stat. Ann. § 14-227b (West)) For a driver twenty-one or older who failed a test, that period is six months for a first suspension, one year for a second, and two years for a third or later. The periods are longer for drivers under twenty-one and for anyone who refused testing: one, two, and three years. (Conn. Gen. Stat. Ann. § 14-227b (West))

Connecticut DUI Suspensions: What About A “Work Permit”?

Connecticut does have a special operator’s permit that lets some suspended drivers travel to work, school, or medical treatment. (Conn. Gen. Stat. Ann. § 14-37a (West)) Importantly, though, that permit is not available for a license suspended under the DUI or implied-consent laws. (Conn. Gen. Stat. Ann. § 14-37a (West)) For a DUI suspension, the ignition interlock device, not a work permit, is what allows you to drive again. During certain interlock periods (for example, the first year after a second offense), your driving is limited to essential trips such as work, school, treatment, an interlock service center, or a probation appointment. (Conn. Gen. Stat. Ann. § 14-227a (West))

Why A Connecticut DUI Defense Lawyer Matters

A DUI case in Connecticut is really two cases running on two clocks, governed by detailed statutes and by the science behind field sobriety and breath testing. The seven-day deadline to request a DMV hearing arrives fast, and the criminal exposure, fines, jail, probation, and the loss of your license, is significant. I handle both the court case and the DMV proceeding, scrutinize the stop, the testing, and the equipment, and fight to protect your record and your right to drive. If you have been arrested for DUI in Connecticut, contact me as soon as possible so we can protect that seven-day deadline and start building your defense.

This article is general information about Connecticut law and is not legal advice. Laws change, and every case turns on its own facts. If you have been arrested for DUI, consult Attorney Steven A. Tomeo with offices in Pomfret, Norwich and New London, at Telephone No.: (860) 963-7441.