Have you been arrested for a DUI or DWI in Connecticut?
A significant portion of our Criminal Law practice is defending people who need a CT DUI lawyer. In Connecticut, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are considered criminal offenses. The Connecticut state law prohibits a person from driving (1) while “under the influence” of alcohol or drugs or (2) with an “elevated” blood alcohol content (BAC). A person is under the influence if his/her ability to drive is affected to an appreciable degree. *
What Blood Alcohol Level is Considered Intoxicated for a DUI Charge in CT?
Drivers over age 21 are considered intoxicated if they have an elevated BAC of .08% or more. Commercial motor vehicle drivers are considered unable to drive if they have an elevated BAC of .04% or more. Driver who are younger than 21 are considered intoxicated if their BAC is found to be .02% or more.
Additionally, in Connecticut, motorists implicitly consent to be tested for drugs or alcohol when they drive. The CT DUI law establishes penalties for drivers who refuse to submit to a test or when their test results indicate an elevated BAC.
Penalties for Driving Under the Influence in Connecticut
In CT, there are two parts to a DUI penalty – the criminal and the driving suspensions from the Department of Motor Vehicle. DUI Criminal Penalties include fines and prison terms. When convicted of a DUI, the DMV must impose a 45-day license suspension for drivers aged 21 years or older. Once their license is reinstated, they can only drive vehicles that have an ignition interlock enabled. Our CT DUI Lawyer at Guendelsberger Law can assist with a thorough defense at the criminal trial as well as at the DMV administration hearing.
Hire an Experienced CT DUI Lawyer
The Guendelsberger CT DUI Lawyer has handled a range of DWI / DUI charges. For a free initial consultation, contact the office today to review the situation and advise you as to the best course of action in defending the DUI charge, no matter if it is your first, second, third, or fourth DUI. We cover:
- first-time offenders
- repeat offenders
- drivers with alcohol or drug-related charges
- violation of probation
- driving with a suspended license
- causing an accident while intoxicated.
We help Commercial Motor Vehicle DUI too
Call 860-717-3307 or Schedule a Free Consultation
Frequently Asked Questions about Retaining a DUI Lawyer
How can a lawyer help with a DUI/DWI arrest?
A lawyer with specific skills, knowledge, training, tools, resources, and strategies for a DUI/DWI defense will look at all aspects of the police officer’s investigation and show that the officer did not follow his training, that he did not conduct the DUI/DWI investigation properly, that he did not conduct the Standardized Field Sobriety Tests properly, and that the evidence in the case clearly shows that you were not under the influence of alcohol and/or drugs.
How much does a DUI/DWI lawyer cost?
When people ask me that question, I ask them “How much is your freedom worth to you?” Even a first-time DUI/DWI arrest can result in a jail sentence, fines, court costs, and a lengthy license suspension. The penalties increase if you refuse to take the chemical breath test. If this is your first arrest for DUI/DWI, you may be eligible for the alcohol education program, which if completed, will not result in a conviction. But you are only eligible for this program if you have not used it within the last ten years. This should not take more than three to five hours of a lawyer’s time.
If this is not your first offense, jail sentences, fines, court costs, and license suspensions greatly increase. A DUI/DWI conviction results in a mandatory jail sentence. A lawyer trained in DUI/DWI defense will work to present evidence in the case that clearly shows that you were not under the influence of alcohol and/or drugs. This, as you might expect, takes more time and more court appearances, usually fifteen-plus hours.
Most lawyers will work on an hourly basis. Costs will depend on the hourly rate and time the lawyers put into your case.
Can a first-time DUI/DWI arrest be dismissed?
If this is your first arrest for DUI/DWI, you are eligible for the alcohol education program. If you successfully complete the program, the court will dismiss your case. However, you can only use this program once every ten years. If you are arrested for DUI/DWI again within ten years, you will need a lawyer with DUI/DWI defense experience. If you are arrested within ten years of your first DUI arrest, it would be considered a second DUI/DWI charge. After 10 years, the first arrest would not be considered.
Can you plead down a DUI/DWI so I don’t lose my license?
There are two separate aspects to a DUI/DWI arrest. The criminal cases, the penalties can be jail time, fines, and court costs. The second aspect is the administrative case, which results in the Department of Motor Vehicles (DMV) suspending your license. You cannot plead down a DUI/DWI to avoid a license suspension.
What are the consequences for repeat DUI/DWI offenders?
Repeat offenders are subject to lengthy mandatory jail sentences, large fines and court costs, and a potential permanent suspension of your driver’s license. You may also face a felony conviction.
Does a DUI/DWI have to be disclosed on a job application?
Read the application carefully. If you successfully complete the alcohol education program, you will not have a DUI/DWI conviction. If you have a DUI/DWI conviction, you need to know if it is a misdemeanor or a felony. Employment applications can ask for arrests, convictions, and whether it is a misdemeanor or a felony.
Are there DUI/DWI specialist lawyers?
Only attorneys who have earned a certification from a body approved by the Connecticut Superior Court may advertise themselves as “specialists” in Connecticut. Currently, Connecticut does not have DUI/DWI specialist certification. However, lawyers may focus exclusively on defending DUI/DWI cases and have the experience that a general practice lawyer does not.
Are there exceptions to a DUI/DWI driving suspension?
If you took the chemical test and your license was suspended, you can apply for a work permit or a school permit. These permits allow you drive for either work or school, and during only certain hours. If you refuse to take a chemical test, you are not eligible for either permit.
How is a DUI/DWI hearing at the DMV different than a criminal case?
The burden of proof is very different. In the criminal court, the State must prove you guilty beyond a reasonable doubt. This is a very high burden of proof. However, in the DMV hearing, the State needs to prove you guilty by a preponderance of the evidence. This is a very low burden of proof. Think of it as 51% to 49%.
Can a public defender represent a DUI/DWI case?
Yes. A public defender can represent you in a DUI/DWI case, but only if you qualify based on your financial situation.
If I had an accident and have been drinking, should I continue drinking to confuse the BAC readings?
Contrary to popular belief, this is not the best strategy. Officers are trained to recognize and deal with this situation and take this into account when administering the tests.
The best strategy is to hire a lawyer who has the training and experience to identify and present “built-in” defenses associated with drivers who were involved in accidents.
Can a DUI lawyer get a better plea deal than a public defender?
A DUI/DWI lawyer will look at all aspects of the investigation to see if all procedures were followed, that the DUI/DWI investigation was conducted properly, that the Standardized Field Sobriety Tests were conducted properly, and that the evidence in the case clearly shows that you were under the influence of alcohol and/or drugs. If there are discrepancies, the State may dismiss the case and you will not need to plea bargain.
Can I refuse a breath analyzer?
Yes. You can refuse a breath test, but the penalties are more severe. You will receive a longer license suspension, and you will not be able to get a work or school driving permit during the suspension period.
Are there ways for a breath test to be inadmissible?
Yes. However, most lawyers who do not regularly practice DUI/DWI law may not be aware of all the situations.
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