Connecticut Driver’s License Suspension Lawyer
Did you know that by driving on a Connecticut public road or by applying for a Connecticut driver’s license you automatically enter into a contract with the State regarding DUI / DWI arrests and mandatory license suspensions? And as the best Connecticut lawyers would tell you, this contract obligates you to agree to be tested for drugs and alcohol when you are arrested for a DUI / DWI. This implicit consent (or “implied consent”) gives the Connecticut DMV the right to impose an automatic license suspension upon drivers who refuse to submit to chemical or blood alcohol testing, or whose tests demonstrate an elevated blood alcohol content (“BAC”) above the legal limit.
So go ask any top Connecticut DUI / DWI criminal lawyer or attorney: if you fail or refuse a drug or alcohol test in connection with a Stamford, Greenwich, or Darien arrest for DUI / DWI arrest under C.G.S. 14-227a, then you’ve got 2 issues to deal with: (1) Court Issues: a criminal arrest for misdemeanor or felony DUI / DWI, and (2) DMV Issues: a license suspension called a “per se suspension” (or automatic suspension) by the Connecticut DMV. And as of July 2015, there are new penalties that affect all drivers arrested for 14-227 DUI/DWI in Stamford, Greenwich, Darien, Westport, or anywhere else in Connecticut. These penalties are also tougher on drivers under 21 arrested for DUI / DWI, resulting in drivers under the age of 21 facing longer suspension times and harsher Ignition Interlock Device (“IID”) requirements. Because of the serious consequences of these charges on your driving privileges and auto insurance premiums, any top Connecticut criminal law firm specializing in DUI / DWI will tell you that it is crucial to devote equal attention and resources to both your criminal court and DMV cases.
Always Appeal Your Connecticut DUI / DWI Driver’s License Suspension
If you are arrested in Greenwich, Fairfield or Westport Connecticut for DUI / DWI, then, sometimes even before you are ordered to appear in the criminal courts, the DMV will mail you a letter indicating your suspension date and your appeal deadlines. Specifically, and as top Connecticut attorneys and lawyers know, this DMV letter will disclose the length of your suspension, the effective date of your suspension, and your appeal rights. There are many factors that impact the length of your suspension—including your age, whether you are a repeat DUI / DWI offender in Connecticut, your BAC level, or whether you refused the test entirely.
The DMV does not give you much time to decide whether you will appeal your DUI / DWI per se suspension (thanks again to your implied consent to that good ol’ contract between you and folks at the Connecticut DMV). In fact, you only have about 10 days to 2 weeks to file an appeal of your Connecticut DUI / DWI arrest suspension. As a result, you have little time to contact a top Stamford or Greenwich attorney to begin the appeal process, or at the very least, file an appeal so you can have some more time to decide if you want to pursue the appeal. The appeal is free and you or your top Connecticut lawyer will report to the nearest DMV to argue your DWI / DUI appeal in front of a DMV Commissioner.
Ignition Interlock Device Penalties for Connecticut DUI / DWI License Suspensions
As the best Stamford, Greenwich and Westport Connecticut lawyers appreciate, under CGS 14-227b, the DMV imposes an automatic license suspension when a driver refuses to submit to a chemical or blood alcohol test—regardless of whether a breath, blood or urine test was offered to you. Automatic license suspensions are also imposed by DMV when your BAC is over the legal limit of .08 (for those 21 and over), or over .02 (for those under 21). In either case, the DMV will mail you a letter with notice of your suspension, suspension length, and other requirements and deadlines.
Effective July 1, 2015, all drivers who fail or refuse a chemical alcohol test will face an automatic 45-day license suspension. In addition, the installation of an Ignition Interlock Device (“IID”) is now required as a prerequisite to license restoration for all alcohol-related suspensions. This means that any driver who is suspended for failing or refusing a chemical alcohol test must install an IID in every vehicle they own before their license can be fully reinstated. The amount of time that the IID must be used in the vehicle depends on the circumstances of the case. Speak to an attorney to learn more about suspended license charges in CT.
Under 21 Ignition Interlock Device Requirements in a Connecticut Under 21 Arrest
One crucial element that affects the length of your suspension and IID requirement is the age of the driver. Drivers over the age of 21 face an automatic suspension if they have an elevated BAC of .08% or more. Drivers younger than 21 years old with an elevated BAC of .02% or more also face an automatic suspension. Below you can find a summary chart of the new license suspension lengths for drivers over and under 21 years old, as well as IID requirements for all drivers, as of July 2015:
IID Requirements for drivers under 21 years old:
BLOOD ALCOHOL LEVEL
.02 or higher
IID Requirements for drivers over 21 years old:
BLOOD ALCOHOL LEVEL
.08 or higher
IID requirements for ALL drivers who REFUSE the BAC test:
Refusal to submit to a breath, urine, or blood test
If you are convicted (not just arrested, but also convicted) in a Connecticut court for DUI / DWI, of if you have prior convictions in Connecticut or other states at the time of your new arrest, then the DMV may require you to use an IID for an even longer period of time. Before trying to calculate your potential IID requirements yourself, consider speaking with a top Stamford, Norwalk, Ridgefield or Danbury Connecticut attorney before making any assumptions. These IID laws are relatively new and can be confusing to a Connecticut DMV Commissioner or judge, let alone someone who has just been arrested for DUI / DWI / OUI in Stamford, Darien, Wilton, Ridgefield, or Westport Connecticut.
Contact a Connecticut License Suspension Attorney at Mark Sherman Law Today
The attorneys at Mark Sherman Law are available 24/7 to speak with you regarding your DUI / DWI / OUI charge. We will evaluate your case, provide you with an honest cost-benefit and risk-benefit analysis, and discuss the best way for you to proceed with both the court and DMV to achieve the most favorable outcome possible. Call us today for a consultation today.