Connecticut DUI Basics
Driving under the influence can often easily be prosecuted as the law
in Connecticut states that any individual who decides to drive must
consent to chemical testing. Chemical testing includes breath, blood,
and urine testing for blood alcohol content levels. Those who are under
the age of twenty-one give chemical testing consent through their
parents or guardians. In both these circumstances consent is implied.
In order for consent to actually be implied a police officer will, upon
arrest and prior to test administration, notify the individual of his
or her rights under the United States Constitution, allow the
individual to call his or her attorney, notify the individual that his
or her driver's license will be suspended on test refusal, and notify
the individual that testing refusal will most likely be used for
further prosecution. Driver's license suspension for refusal can be as
much as six months.
Connecticut DUI Prosecution
The state has the right to prosecute an individual even if no blood
alcohol content level has been obtained. This can be done through proof
of impairment. Connecticut law states that a DUI conviction can be made
on the grounds that an individual was too impaired to operate a motor
vehicle. The prosecution will present evidence to the court outlining
how the individual was impaired.
Evidence can include record of the individual's personal appearance,
field sobriety testing, and driving patterns. If the individual has
refused to take a blood alcohol content test the court infers that he
or she is guilty. If a blood alcohol content test was taken, this can
also act as evidence for the prosecution but will not always act as an
indicator of impairment. An individual may have a blood alcohol content
level above the legal limit and he or she can still not be considered
impaired.
Driving under the influence charges can also be prosecuted through per
se law. Under per se law the prosecution will not attempt to prove an
individual was impaired, instead he or she will seek to prove that the
individual's blood alcohol content percentage was above the legal
limit. Under per se laws an individual will almost always be convicted
of driving under the influence if his or her blood alcohol content was
at 0.08 percent or over. Physical impairment and sobriety tests will
not be necessary for the prosecution.
Connecticut DUI Penalties
Penalties in Connecticut depend on the number of prior incidents and
the circumstances of the offense. If a child was in the car when the
arrest was made the penalty will increase severely, without considering
the number of prior offenses. A first-time DUI conviction will earn a
fine between five hundred and one thousand dollars, incarceration
between forty-eight hours and six months, driver's license suspension
for one year, and community service for one hundred hours.
A second offense will earn a fine between one thousand and four
thousand dollars, incarceration between one hundred twenty days and two
years, one hundred hours of community service, and three years of
driver's license suspension. A third offense will earn a fine between
two thousand and eight thousand dollars, incarceration between one year
and three years, one hundred hours of community service, and permanent
license suspension. Minors are often prosecuted the same as adults.