Driving Under the Influence - Page 10
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underage DUI, Connecticut DUI law, underage drinking, BAC, administrative per se, implied consentWe all know that it is both dangerous and illegal to drink and drive, and we educate our children about the potential consequences of doing so. Consuming alcohol before age 21 is considered underage drinking in the United States. However, there are statutes in Connecticut that apply specifically to those who are caught driving under the influence before their 21st birthday.

Unfortunately, mistakes and poor judgement are part of being young. Below are several facts about DUI law in Connecticut that you need to know if your child is charged with a DUI.

Connecticut has a three part law relating to DUIs.

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DUI, Connecticut DUI arrest, multiple DUI convictions, ignition interlock deviceCriminal penalties for a second or third DUI conviction in Connecticut are serious: they can include prison terms, fines, and license suspensions. A second DUI arrest carries specific requirements for driving with an ignition interlock device if you wish to retain your driving privileges. If you have been charged with a second or third DUI, contact a criminal defense attorney as soon as possible so that your rights are represented in court.

A second time offender is required to drive with an interlock device for three years. During the first year, the individual can only drive to school, work, an interlock service center, or an alcohol or drug abuse treatment facility. A second or subsequent offense requires the offender to submit to a drug or alcohol abuse assessment program and may be mandated by the court to attend a treatment program.

If arrested for a third or subsequent DUI arrest, the DMV will revoke your license. A convicted individual can have that license restored after two years, so long as certain conditions are met and the driver does not appear to be a danger to public safety.

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Stamford DUI, DUI lawyer, Connecticut DUI defense lawyer, DUI defense attorneyIf you are pulled over and accused of DUI in Connecticut, you should know the state’s implied consent law. The law mandates that you consent to a urine, blood, or breath test if you have been arrested for a DUI. If the officer arresting you has probable cause, then you give your consent to having this test done.

The officer chooses which test is to be done, but it must be given within two hours of when you were actually driving a vehicle. Without penalty, you can refuse the blood test if you wish, meaning that the officer can choose from one of the remaining test. The officer must also inform you of your constitutional rights when you are arrested and explain that your license may be suspended if you refuse to take a test.

If you refuse to take the test, that information can be used against you in court. An officer doesn’t have the responsibility to explain that you can contact your attorney prior to taking a test, which you might want to consider doing so that you are aware of all your rights at that time.

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ignition interlock, DUI, Connecticut criminal law, Connecticut criminal defense lawyer, DUI defense attorneyThere are serious repercussions for those convicted of a DUI in Connecticut. Fines may include prison terms, fines, and license suspensions. Under state law, offenders aged 21 or older will have a minimum license suspension of 45 days. If you have been charged with driving under the influence, you need to contact an attorney as soon as possible.

First time offenders may be eligible to drive after their suspension period ends, but only with an ignition interlock-equipped vehicle. First time offenders will drive with an ignition interlock device for a period of one year, and second time offenders will drive with an ignition interlock device for three years. Second time offenders are only allowed to drive to school, work, an alcohol or drug treatment program, or the ignition interlock service center in the first year of the interlock period.

If you have been convicted of a DUI for the third time, the DMV is required to revoke your license. A driver might be eligible to get his or her license restored after a period of a few years, but this agreement requires compliance with lifelong interlock device driving.

One of the most important parts of your case is determining that evidence is admissible. The standard of evidence in these cases depends on whether or not the driver was injured. A driver must have been given a reasonable opportunity to contact an attorney before taking the blood alcohol test. The test results must have been mailed or personally delivered to the driver by the next business day, and the test must have been administered by a police officer or under a police officer’s discretion. Test types can include blood, breath, or urine, and the test equipment must be accurate. If you have been charged with a DUI, contact a Connecticut criminal defense attorney to ensure that your rights are represented.