Connecticut's Consequences for Young DUI Offenders
Criminal Criminal DUI-DWI Criminal Juvenile Law
Summary: Blog post on the consequences of a DUI for underage drivers in Connecticut.
For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Sixteen and Seventeen Year-Old Drivers
The law imposes stricter rules on a young DUI offender, specifically, 16- and 17-year-old drivers cited for either driving under the influence of alcohol or drugs or with an elevated BAC (which for them is .02% or more). Under these conditions, the police officer, acting on behalf of the DMV commissioner, must seize the driver's license for 48 hours and have the vehicle removed. The license is considered suspended for 48 hours, starting when the arrest is made or the summons issued.
To regain the license, the young DUI offender and, unless he or she is an emancipated minor, his or her parent or legal guardian, must, after the 48-hour period ends, appear in person at the police department, state police barracks, or other designated location and sign a written acknowledgement of its return. No restoration fee may be charged for return of the license. The police officer who seized the license must send a written report of the violation and the suspension to the DMV commissioner (CGS § 14-36i(b)).
A young DUI offender under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).
Implied Consent
Anyone who drives implicitly consents to the testing of his or her blood, breath, or urine. If the driver is a minor, his or her parents or guardians are considered to have given their consent.
Before administering the test, the police officer must:
1. inform the driver of his or her constitutional rights;
2. give the driver a chance to call a lawyer;
3. inform the driver that his or her license will be suspended if he or she refuses to take the test, or if the test results indicate an elevated BAC; and
4. inform the driver that evidence of a refusal may be used against him or her in a criminal prosecution.
Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. atJMaya@Mayalaw.com.
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Source: Paul Frisman, Connecticut DUI Laws: Sixteen and Seventeen-Year- Old Drivers, OLR Research Report, July 12, 2012, available at https://www.cga.ct.gov/2012/rpt/2012-R-0279.htm