A Connecticut drunk driving arrest actually generates two separate cases – in court, and at the Department of Motor Vehicles. Although both cases require top-notch legal representation, the DMV case is far more pressing, because zthe accused motorist has only seven days from the date of arrest to request a DMV hearing that will determine the status of the driver’s license.

Connecticut drunk driving cases – also called DUI or DWI – are interchangeable and all relate to the same offense: Driving under the influence of alcohol and/or other drugs.

There are two distinct elements to a Connecticut DUI / DWI offense. The first element is driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. It is not necessary to have any particular blood alcohol level under this theory of drunk driving prosecution. This type of DWI is proven if the driver is impaired by intoxicants.

Prosecutors use circumstantial evidence such as driving pattern, field sobriety test performance, or chemical test results to prove that a driver was under the influence. However, a driver can have a blood alcohol content (BAC) under the legal limit of .08 percent and still be prosecuted for driving under the influence. The only required showing is the driver’s impairment.

The second element of a Connecticut DUI / DWI is the violation of the state’s "per se" laws. This is another way of saying that the driver’s BAC was .08 percent or greater. In a per se prosecution, it doesn’t matter whether or not the driver was impaired. This Connecticut drunk driving prosecution is based only on body chemistry.

Under the state’s implied consent law, anyone arrested for drunk driving in Connecticut must submit to a test of his or her blood or breath to determine alcohol content. Any driver who refuses a chemical test will lose his or her license for a minimum of six months.

Connecticut has a 10-year look-back period for DUI / DWI offenses This means that if a motorist has a drunk driving conviction that is more than 10 years old, a new DWI arrest will be treated as a first-offense. However, if the driver has one or more DUI / DWI convictions within the past 10 years, the new arrest will be treated as a second- or third-offense, depending upon the number of prior DUI convictions.

The punishments imposed by the courts in Connecticut drunk driving cases have become more severe with every passing year. Drivers convicted of DUI / DWI can expect jail time, fines, and driver’s license suspensions.

For a first offense, the driver can expect between 48 hours and six months in jail, a fine of $500 to $1,000, a one-year driver’s license suspension, and the possibility of up to 100 hours of community service.

Second-offense DUI / DWI drivers face four months to two years in jail, a fine of $1,000 to $4,000, a three-year driver’s license suspension, and 100 hours of community service.

Drivers facing a third DUI / DWI charge within 10 years face one to three years in jail, a $2,000 to $8,000 fine, permanent driver’s license revocation, and 100 hours of community service.

The driver’s license suspensions outlined above are imposed by the court and are completely separate from actions imposed by the Connecticut Department of Motor Vehicles. First-offense DUI / DWI drivers with a BAC of .15 percent or less who lose their DMV hearings or fail to request one can expect a three-month suspension. Drivers with a BAC of .16 percent or greater can expect a four-month suspension. Drivers who refused a chemical test will lose their licenses for six months.

Second offenders who lose their DMV hearings or fail to request one can expect a nine-month license suspension. Drivers who refused to submit to a chemical test will receive a one-year license suspension. Third-offense drunk drivers will receive a two-year suspension for a BAC of .15 percent or less and a 30-month suspension for a BAC of .16 percent or greater. Third-offenders who refuse a chemical test will lose their licenses for three years.

A Connecticut drunk driving arrest can have long-term consequences, but an arrest doesn’t equal an automatic conviction – far from it. Drinking and driving prosecutions can be successfully challenged with expert legal help. Anyone arrested for drunk driving should contact a Connecticut DWI defense attorney for a free consultation at once to protect their rights. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can develop an individualized defense strategy designed to minimize or eliminate the negative consequences of a Connecticut DUI / DWI arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.