FREQUENTLY ASKED QUESTIONS ABOUT DUI's
What is DUI?
DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired.
Is there any way to avoid a DUI?
It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc.
Does the car have to be moving for me to be guilty of DUI?
No. You need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
Do I have to submit to a breath, blood, or urine test?
No. However, refusing such tests is generally not a good idea, especially for a first time offender. If you refuse the test, Connecticut permits the motor vehicle department to suspend your privilege to drive for at least 6 months. In addition, your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt.
By accepting the privilege extended by the laws of most states to drive, the courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to a urine test for the purposes of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that if stopped for a possible DUI, you will accept to take the test.
Can I fight my DUI arrest?
Yes. You may request a review of the driver's license suspension by the department of motor vehicles within a specified number of days following your arrest. At a formal review, the hearing officer is authorized to administer oaths, examine witnesses and take testimony
If I am arrested for a DUI, will I lose my license?
Yes, your license will be suspended by the motor vehicle department thirty days after your arrest.
How long will I lose my license?
The Driver's License Sanctions (license suspension periods) outlined below will be imposed in addition to criminal penalties. In most cases, the driver's license sanctions will be imposed much earlier. In all cases, they will be imposed, in addition to criminal penalties, and will appear on your driving record. However, if you win the Administrative Per Se Hearing, your license will be ordered restored and you will not suffer the following sanctions.
Administrative Sanctions:
Blood Alcohol Level (BAC) |
1st Offense |
2nd Offense |
3rd Offense |
Refusal to submit to a blood, breath or urine test |
6 months |
1 year |
3 years |
Test results of .02 or higher and you are under twenty-one years of age |
90 days |
9 months |
2 years |
Test results of .08 or higher; up to, but not including .16 |
90 days |
9 months |
2 years |
Test results of .16 or higher |
120 days |
10 months |
2-1/2 years |
What else will happen to me?
For a first offence the minimum penalties are a fine of $500 to $1,000, a 6 month suspended sentence, two days in jail or 100 hours of community service and your license suspended for one year; for a second offense within ten years, a fine of $1,000 to $4,000, two years in jail, 120 days of which are mandatory, 100 hours of community service and your license suspended for three years; for a third offense within ten years, a fine of $2,000 to $8,000, three years in jail, one year of which is mandatory, 100 hours of community service and your license suspended for life. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.
If you or someone you know in Hartford, Connecticut or the surrounding area needs the assistance of an experienced drunk driving criminal defense lawyer then contact attorney Robert Muchinsky for a free consultation with an experienced drunk driving criminal defense lawyer. He can be reached at 866-742-2993 or via the convenient contact form in the left column above.