License Suspensions in Connecticut DUI Cases

Any person who operates a motor vehicle in the state of Connecticut is deemed to have given his/her consent to a chemical test of their blood, breath, or urine. Upon arrest for DUI, a person will be told their Constitutional rights and will be requested to submit to a chemical test of their blood, breath, or urine. Which test will be requested is the option of the police officer. Each DUI suspect will be given a reasonable opportunity to call an attorney prior to the performance of any chemical testing. The police must inform each suspect that refusal to submit to testing and test results that indicate a blood alcohol level over the legal limit will result in the suspension of his/her privilege to drive pursuant to the penalties listed below. Evidence of a person's refusal to submit to chemical testing will be admissible against the person in any criminal prosecution.

The Connecticut DUI Administrative License Suspension Process

The police officer will immediately revoke and take possession of the driver's license of any person who refuses chemical testing, as well as any person who submits to a chemical test that reveals a BAC over the legal limit (test "failure"). The officer will then fill out and mail a written report within three days to the Department of Motor Vehicles, along with a copy of any chemical test analysis.

Blood and Urine test results are not immediately available. Once the police obtain a copy of the test results that reveal an illegal BAC, a copy will be sent to to the Commissioner of Motor Vehicles. The Commissioner will then suspended the DUI offender's driver's license in accordance with the penalties listed below. Notice of the suspension will be mailed to the offender and will take effect no later than 30 days after the date the notice was received. The notice will state the date the license suspension is to take effect and the right to a hearing to contest the suspension.

Connecticut  DUI Administrative License Suspension Lengths

FIRST OFFENSE ELEVATED BAC - 90 day suspension

FIRST OFFENSE BAC .16 OR HIGHER - 120 day suspension     

FIRST OFFENSE REFUSAL - 6 month suspension

SECOND OFFENSE ELEVATED BAC - 9 month suspension

SECOND OFFENSE BAC .16 OR HIGHER - 10 month suspension

SECOND OFFENSE REFUSAL - 1 year suspension

THIRD OFFENSE ELEVATED BAC - 2 year suspension

THIRD OFFENSE BAC .16 OR HIGHER - 2.5 year suspension

THIRD OFFENSE REFUSAL - 3 year suspension

DUI ACCIDENT RESULTING IN PHYSICAL INJURY - 90 day suspension or 1 year if the person's license was previously suspended

**NOTE - "Elevated BAC" means test results of .08 - .159

The administrative penalties for DUI suspects under the age of 21 are twice as long as the penalties imposed on offenders that are over the age of 21. The penalties are even worse for offenders who are 16 and 17 years old.

FIRST OFFENSE REFUSAL - AGE 16 OR 17 - 18 month suspension

FIRST OFFENSE BAC .02 - .16 - AGE 16 OR 17 - 1 year suspension

FIRST OFFENSE BAC OVER .16 - AGE 16 OR 17 - 1 year suspension

Hearings to challenge administrative suspensions in CT DUI cases

Persons whose licenses are suspended for chemical test refusals or elevated BAC are automatically entitled to a hearing before the commissioner prior to the effective date of the suspension. A hearing must be requested by contacting the Department of Motor Vehicles no later than 7 days following the date the suspension notice was issued by the officer or mailed by the Department. If a person fails to request a hearing within the 7 day time period the commissioner will automatically affirm the suspension and no hearing will take place. The hearing will take place prior to the period in which the suspension is scheduled to commence. Failure to hold a hearing and render a decision within 30 days from the date the person received notice of the arrest will result in the automatic reinstatement of the offender's driving privileges.

The hearing will be limited to the determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and (4) was such person operating the motor vehicle. In cases involving blood draws from a person who was in an accident resulting in serious physical injury, the hearing will be limited to the determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and (5) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence.

If the commissioner determines after the hearing that any one of the above issues is to be answered in the negative, the person's license will be reinstated. If, however, the commissioner determines that none of the above issues were to be answered in the negative, or if the Connecticut DUI offender failed to appear at the hearing, the license suspension will be affirmed.