Drunk Driving (DUI/DWI)

The attorneys of Jacobs, Grudberg, Belt, Dow & Katz P.C. have represented drivers accused of Driving Under the Influence (DUI) of alcohol or drugs for many years. The information provided herein gives an overview of the Connecticut's DUI Laws and Procedures. It does not, however, constitute legal advice, which can only be obtained through a consultation with our attorneys at our offices.

• What happens if I am stopped for driving under the influence?
• How should I act?
• Should I take the test?
• Will I lose my license if I fail the test?
• What happens if I refuse the test?
• Is there such a thing as a work permit?
• What happens when I go to court?
• What happens if I am arrested for driving while suspended?

Q: What happens if I am stopped for driving under the influence?

A: Generally, if stopped based on suspicion of driving under the influence, the police will require you to perform roadside tests involving such tasks as counting backwards from 100; standing on one foot; walking forwards and backwards heel-to-toe along a line; and touching one's finger to nose with eyes closed. There is also a test involving peripheral vision performed with a pencil or flashlight called the horizontal gaze nystagmus test, which police claim is a "competent" test to establish, at least preliminary, that the drive is under the influence. If police conclude the driver has failed the roadside tests, the driver will be placed under arrest, taken into custody and offered a breath, blood or urine test at the option of the officer. The test must be commenced within two hours of operation. If a breath test is chosen two tests should be performed, not closer than 30 minutes apart.

Q: How should I act?

A: At all times you should be cooperative with the police officer. Assume that any interaction between yourself and the arresting officer will be reduced to writing in a police report ultimately read by a prosecutor or the Department of Motor Vehicles Administrative Hearing Officer. Sometimes police videotape the roadside tests and the interrogation at the station. Acting belligerently or aggressively always works to the driver's disadvantage.

On the other hand, you are not required to answer questions such as "Have you been drinking?" or "How much did you have to drink?" - either before or after being placed under arrest. In general, you should not answer any questions about alcohol or drug use. Refusing to answer questions like that after an initial stop obviously will cause the officer to be suspicious. Some people lie about how much they have had to drink, thinking they can "talk their way out of trouble," but it is always a bad idea to lie to a law enforcement officer. However, saying "I had 10 drinks" might give the officer a basis for arrest where none existed. If you are placed under arrest and taken into custody, you should not answer any questions without consulting an attorney.

Q: Should I take the test?

A: In most instances yes. If possible, it is preferable to take a urine test as opposed to blood or breath; however, it is the arresting officer's option. If the driver has previously been convicted of driving under the influence, it is generally advisable not to take the test. Also, if the driver has been in an accident involving death or serious person injuries to another individual, it is generally advisable not to take the test.

Q: Will I lose my license if I fail the test?

A: Not necessarily. A DUI arrest requires a person to go to court to face legal charges. In addition, the Department of Motor Vehicles conducts a separate administrative hearing. These are separate proceedings based on the same incident. Within 10 days of the arrest, the driver receives a notice from the Department of Motor Vehicles indicating that the driver's license will be suspended automatically unless the driver requests a hearing before an administrative hearing officer. It is wise to elect a hearing and, generally, wise to be represented by counsel at that hearing. In order for the department to suspend the driver's license, it is necessary that it be established that: (1) the person was driving at the time of the events; (2) that there was probable cause for his arrest; (3) that the driver was placed under arrest; and (4) that the driver either failed the test by exceeding the .08% of alcohol in the blood or refused to take the test. Often the police fail to follow proper procedures in attempting to establish this evidence and the driver may prevail and defeat the suspension. As noted, this often occurs with the assistance of counsel. If the driver fails the test and loses the hearing, his or her license will be suspended for 90 days if there's no prior DUI history.

Q: What happens if I refuse the test?

A: If the test is refused, the same hearing procedure as described above will apply; however, the penalty is greater. A driver who refuses a test and loses an administrative hearing will have his or her license suspended for 6 months or 180 days and the suspension can be greater if the driver has a prior DUI history.

Q: Is there such a thing as a work permit?

A: Yes. Drivers who lose their license as a result of an administrative hearing - and who have not previously lost their license either as a result of previous DUI convictions or a previous DUI suspension - are entitled to apply for a work permit with the Department of Motor Vehicles. As a general proposition, an application supported by an employer will allow a driver to travel to and from work and drive during work hours. This will last the duration of the suspension. If a work permit is granted, it should be used only during work hours.

Q: What happens when I go to court?

A: For first-time offenders there is a diversionary program available called the Alcohol Education Program (AEP). The cost of admission is either $325.00 or $500.00 depending on the length of the program, payable to the "Clerk of the Court". To enter into the program the driver is required to fill out a form indicating that he or she has never been convicted of driving while under suspension or driving while impaired within the last 10 years; that the driver is willing to waive the statute of limitation and agree that the case will be continued for one year; further, that the driver agrees to participate in an alcohol education program by attending classes over that one year period. If the program is granted, the driver retains the driver's license, it is not suspended by the court (although it may still be suspended by DMV) and the driver is required to attend no less than 10 classes over a one year period administered though the court system. Those classes are held at various times during the week and flexible schedule and attendance hours are available. This program results in a dismissal of all charges after the passage of a year and without any other motor vehicle charges and upon completion of the classes.

Q: What happens if I am arrested for driving while suspended?

A: Nothing good. The Court has established strict mandatory penalty for people arrested for driving while suspended. A person, whose license has been suspended as a result of DUI conviction or a DMV Administrative Hearing, faces a mandatory 30-day period of incarceration.

If you are charged with drunk driving (DUI / DWI), contact us right away. You have a limited number of days to challenge your license suspension, so we need to go to work immediately.