Connecticut DUI - Frequently Asked Questions

What happens when I get a DUI in CT?
Two things: One, you have to go to the Connecticut Superior Court in the Geographic Area where you were arrested and defend the DUI charge in Court. Two, you will receive a suspension notice from the DMV and You have to schedule a hearing challenging the suspension.

What happens if I do not schedule a DMV hearing?
Your CT driver's license or privilege to drive in CT will be suspended as stated in the suspension notice.

If I win at the Administrative Per Se Hearing, do the court charges go away?
No. One has nothing to do with the other. The Courts have ruled on this. There is no double jeopardy. The DMV matter is an Administrative matter while the Court matter is a Criminal matter.
If I suffer a license suspension either from the DMV, the court or both, how can I get to work?
You may be entitled to a Special Driving Permit for this purpose. However, if you have a previous alcohol related suspension, you may not qualify. You fill out the proper form and submit it to DMV Driver Services Division. They will review your Driver History and determine if you are eligible.

What are the laws for a DUI in Connecticut if you are under 21 years of age?
If you are under 21, Connecticut has what is called a zero tolerance policy for driving after drinking alcohol. The legal limit for alcohol is .02 BAC, which can be as little as 1 drink. If you are charged with a DUI, your license will be immediately suspended for 90 days for a first offense.

What is the Alcohol Education Program (AEP)?
This is a diversionary program that results in the Criminal Drunk Driving Charge being dismissed provided you qualify for the program and complete the course you are offered. There is an application fee of $200.00. The Court, if you qualify, will order you to take either 10 or 15 sessions of this educational program. The added cost for the 10 session program is $350.00 and for the 15 sessions it is $550.00.

What happens when I complete the AEP program?
Your case is dismissed one year after the Judge granted your application for the AEP program and provided you completed it successfully.

When I get placed on the AEP program and my case is dismissed, do I have a Drunk Driving Conviction on my record?
No. However, while you have no Conviction, your Driver History at the DMV will reflect the AEP program.

What happens if I get caught driving while my license is suspended / revoked?
Driving while your license is suspended should be avoided as it is a new crime. If you drive while your license is suspended for a DUI conviction, you will face a fine ranging from $500 - $1000 and jail time of 30 days or more. The amount of jail time imposed varies depending on if you have prior DUI convictions.

Is a DUI in Connecticut a misdemeanor or felony charge?
In Connecticut, a DUI is usually a misdemeanor crime. However, if you have one prior DUI convictions in the past 10 years the second or greater DUI conviction is a felony offense.

I am licensed to drive in a state other than Connecticut and I was cited for a DUI in Connecticut. Will my driver license be suspended?
Connecticut only has the authority to suspend your right to drive in the State of Connecticut. However, Connecticut and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact." Connecticut will report a DUI conviction to the home state of the driver (assuming the home state has also adopted the Compact). Your home state will then generally take action to suspend your license.
This also works in reverse. If you are a Connecticut licensed driver and you are convicted of a DUI charge in another state, Connecticut will suspend your license if it learns of the conviction.

I missed my Connecticut court appearance. What do I do now?
At a minimum, the Connecticut court typically issues a warrant for your arrest (known as a bench warrant). Talk to an attorney as soon as possible. Often, your only option is to turn yourself in on the outstanding warrant. A new court date will then be scheduled.

The officer never gave me a "Miranda" warning: Can I get my case dismissed?
No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.