DMV: Operating Under the Influence - OUI

Connecticut's Drunk Driving Law
Operating Under the Influence (OUI)
 
   In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense.  This offense may be prosecuted with or without any direct evidence of a person's BAC.  The determining factor is whether a person's ability to drive has been impaired.
 
Driving is a privilege, and under Connecticut's Implied Consent Law any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine blood alcohol concentration (BAC).
 
You are legally intoxicated if your BAC is .08 or above. 
If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher.
 
Any amount of alcohol will affect driving ability.  Alcohol's effect is magnified by emotions, physical condition, use of prescription drugs or other types of drugs, some over-the-counter medications and some herbal supplements.
 
If you are arrested for OUI:
  • You will be detained by the police and read your rights.
  • Your vehicle will be towed at your expense.
  • You will be taken in a police cruiser to the police station.
  • If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
  • You will be kept in a police lock-up until you are bailed out.
 
There are two ways to lose your license:
 
1.  Administrative Per Se through DMV
for failing or refusing a chemical alcohol test
 
When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV.  Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute 14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test.  In most cases, the suspension will begin 30 days after the arrest date.  The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.
 
A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing.  If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.
 

Beginning with arrest dates on or after July 1, 2015, ALL driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

IID requirement for drivers under 21 years old*

Blood Alcohol Level

First Offense

Second Offense

Third or Subsequent Offense

Test results of .02 or higher

1 year

2 years

3 years

 

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level

First Offense

Second Offense

Third or Subsequent Offense

Test results of .08 or higher

6 months

1 year

2 years

 

IID requirement for ALL drivers*

Refusal of test

First Offense

Second Offense

Third or Subsequent

Offense

Refusal to submit to a breath, urine, or blood test

1 year

2 years

3 years

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute 14-227a for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute 14-227b(i) or Connecticut General Statute 14-227a(g), whichever is longer. See Section 2 below.

If you were arrested prior to July 1, 2015 you may petition in writing to the Commissioner of the Department of Motor Vehicles for the option to participate in the IID program.  After serving at least 45 days of your suspension for failing or refusing the chemical test, you will be required to have an IID for the remainder of the original suspension, plus the additional duration required (if any) following a conviction under Connecticut General Statute 14-227a for the same arrest.

 

2. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

 

Under Connecticut's criminal law, a driver arrested for OUI will receive both a summons and a court date.  If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

 

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute 14-227a or 14-227g

Conviction on or after July 1, 2015

 

First Conviction

Second Conviction

Third or Subsequent Conviction

45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one year requirement

45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three year requirement

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

For arrests prior to July 1, 2015 you may petition in writing to the Commissioner of the Department of Motor Vehicles for the option to participate in the IID program after serving at least 45 days of the suspension under Connecticut General Statute 14-227b for the same arrest. You will be required to have an IID for the time required conviction under Connecticut General Statute 14-227a or Connecticut General Statute 14-227b, whichever is longer.

 

 

 

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute 14-227a, 14-227g, or 14-111n

Conviction after January 1, 2012

 

First Conviction

Second Conviction

Third or Subsequent Conviction

 

45 day license suspension

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for one year following restoration

 

45 days license suspension, or until 21st birthday, whichever is longer.

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration for reconsideration

  

 

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute 14-227a, 14-227g, or 14-111n

Conviction prior to January 1, 2012

 

Under Age 21

First Conviction

Second Conviction

Third or Subsequent conviction

 

1 year license suspension

 

3 year license suspension, or until 21st birthday, whichever is longer

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

 

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

  

Age 21 or older

 

First Conviction

Second Conviction

Third or Subsequent conviction

 

1 year license suspension

 

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

 

Manslaughter with a Motor Vehicle, Connecticut General Statute 53a-56b

Assault with a Motor Vehicle, Connecticut General Statute 53a-60d

 

First Conviction

Second Conviction

Third or Subsequent Conviction

 

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

 

 

 

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

 

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

 

 

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes 14-111n, 14-227a, 14-227g, 53a-56b or 53a-60d are considered.

For information concerning restoration or IID requirements, you may write or call:

 

Department of Motor Vehicles

Driver Services Division

60 State Street

Wethersfield, CT  06161-2525

dmv.suspension@ct.gov

Phone:  860-263-5720

 

 
    
 
 
 




Content Last Modified on 7/29/2015 12:40:16 PM