Connecticut DWI / DMV Law

Connecticut General Statutes §14-227a - Operation while under the influence of liquor or drug or while having an elevated blood alcohol content.

No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14 218a, or in any parking area for ten or more cars or on any school property (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight hundredths of one per cent or more of alcohol, by weight.

Penalties for operation while under the influence.

(1) For conviction of a first violation, (A) be fined not less than five hundred dollars nor more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14 227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars nor more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14 227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty first birthday, whichever is longer; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars nor more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14 227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a 56b or 53a 60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a 56b or 53a 60d, shall constitute a prior conviction for the same offense.

Suspension of operator's license or nonresident operating privilege.

Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14 141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The commissioner shall determine the period of time required by said subsection (g) based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction. (2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (g) of this section, or until such person attains the age of eighteen years, whichever period is longer. (3) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14 37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section. (4) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.

Criminal Penalties

First Offense	Second Offense	Third Offense
Fine: $500-$1000	$1000-$4000	$2000-8000
Jail: 6 months; 48 hours mandatory or 100 hours of community service.	2 years, 120 days mandatory, 100 hours of community service.	3 years, 1 year mandatory, 100 hours of community service.
License Loss: 1 year	3 years	Permanent revocation

Connecticut DMV Laws

In order to take away your license, the state must have evidence to support these findings:

1. There was probable cause for your arrest ; and 2. Were you placed under arrest; and 3. Were you operating a motor vehicle; and; 4. Did you take a test within 2 hours reading over 0.08 or did you     refuse a test.

Buckley v. Muzio, 200 Conn. 1, (1986)

It is your burden to prove that the decision to suspend your license is erroneous. Schallenkamp v. Delponte, 229 Conn. 31 (1994)

DMV Administrative Penalties

Blood Alcohol Level	First Offense	Second Offense	Third Offense
Refusal of Tests	6 months	1 year	3 years
Above 0.02 and under 21	90 days	9 months	2 years
Above 0.08 & below 0.16	90 days	9 months	2 years
Above 0.16	120 days	10 months	2.5 years