Out-of-State Drivers Charged with DUI in Connecticut
Being arrested for DUI while driving through Connecticut can be overwhelming, especially if you live in another state. I see it all the time—people come here for business meetings, family gatherings, or just to enjoy a weekend getaway, and suddenly they find themselves facing a DUI charge in a state they don’t live in. Living in the tri-state area means we get a lot of drivers from New York, New Jersey, Massachusetts, and beyond, and when this happens, they’re left wondering: Will this affect my license back home? Do I have to keep coming back to court? Who can I trust to handle this for me?
I tell clients all the time: you have more options than you think. At Allan F. Friedman Criminal Lawyer, I’ve spent over 30 years defending out-of-state drivers and protecting their right to drive.
Understanding Connecticut DUI LawsIn Connecticut, DUI is governed by C.G.S. § 14-227a, and the laws apply to all drivers—residents and non-residents alike.
BAC thresholds:
- 0.08% for most drivers
- 0.04% for CDL holders
- 0.02% for drivers under 21
A DUI conviction in Connecticut has serious consequences:
- Fines and mandatory court costs
- Possible jail time (with mandatory minimums for repeat offenses)
- Probation and required alcohol education or treatment programs
- Mandatory Ignition Interlock Device (IID) installation to regain driving privileges
When you’re arrested for DUI in Connecticut, you face two battles:
1. The Criminal Court CaseThis is the part everyone expects. It begins with your arraignment in a Connecticut Superior Court and can lead to:
- Jail time for repeat or aggravated offenses
- Fines and probation
- A permanent criminal record
Do I have to come back for court?
In many situations, I can petition the court to allow you to appear virtually via Microsoft Teams, saving you the time, expense, and stress of traveling back to Connecticut for court dates. We work to resolve cases efficiently, aiming for dismissals, reductions, or entry into the Impaired Driver Intervention Program (IDIP), which can lead to a dismissal for first-time offenders.
Most out-of-state drivers don’t realize that Connecticut’s DMV will also take action against their privilege to drive in Connecticut—and this is completely separate from the criminal case.
- Automatic Suspension: Triggered if you fail a chemical test (BAC over the limit) or refuse one.
- Refusal Consequences: Harsher than failure—longer time with an ignition interlock device (6 months for failing a test – 1 year for refusing a test).
- Timeline: The suspension usually begins 30 days after your arrest unless you fight it.
- Hearing Rights: You have 7 days from the date of notice to request a DMV Per Se hearing. If you don’t, you waive your right to contest the suspension.
Impact on your home-state license:
Even if you never plan to drive in Connecticut again, your home state will likely suspend your license once Connecticut reports the action through the Driver License Compact.
Connecticut is a member of the Driver License Compact (DLC), an agreement among most states to share DUI convictions and administrative actions.
What this means for you:
- Double Impact: Your home state will likely treat a Connecticut DUI as if it happened there.
- Examples:
- New York drivers can face a license suspension and increased penalties under NY law.
- New Jersey, Massachusetts, and many other states impose their own consequences once notified.
- Few Safe Havens: Unless you live in one of the few states not part of the DLC (and even then, many still impose penalties), your home-state driving privileges are at risk.
Yes, in most cases. Your home state will almost always impose its own suspension once Connecticut reports the arrest or conviction. I work to fight the case here in Connecticut to minimize, or ideally prevent, those consequences from reaching you at home.
Can I Avoid Coming Back to Connecticut?In most situations, I can petition the court to allow you to appear virtually via Microsoft Teams. This lets you stay involved in your defense without repeatedly traveling back and forth, which is especially helpful for clients with demanding jobs or family commitments.
Can I Still Drive Here While My Case Is Pending?Only if your Connecticut driving privileges remain active. Once the DMV suspension takes effect, driving here, even with a valid license from your home state—becomes a separate criminal offense. I work to fight this suspension quickly so you’re not unexpectedly violating the law.
What If I Ignore the Case?Ignoring Connecticut DUI is one of the worst mistakes you can make. A warrant will be issued for your arrest, your license will be suspended in Connecticut and likely in your home state, and the problem will grow more severe and expensive over time.
Real-World ExamplesExample 1: New York Business TravelerA New York executive was pulled over on I-95 in Stamford after a late client dinner. We challenged the reliability of the field sobriety tests performed in the rain and negotiated entry into the Alcohol Education Program. The case was dismissed, and the client’s NY license remained valid.
Example 2: Massachusetts Family VisitorA Massachusetts resident visiting relatives in Fairfield was charged with DUI after a minor fender bender. We proved the accident was unrelated to alcohol and successfully argued for dismissal after the client completed a short educational program.
Example 3: New Jersey Weekend VisitorA New Jersey resident driving back home after a weekend in Fairfield County was pulled over on I-95 in Stamford. They were charged with DUI after refusing a breath test. We fought the DMV administrative suspension, secured virtual court appearances so the client didn’t need to travel back and forth, and ultimately negotiated entry into the Impaired Driver Intervention Program (IDIP). The case was dismissed, and the client avoided a criminal record and home-state license suspension.
Defending Out-of-State DUI CasesKey Defense StrategiesEvery DUI case is different, but a strong defense always starts with a careful review of the facts. As an out-of-state driver, you have unique concerns—your ability to drive at home, avoiding repeat trips to Connecticut, and limiting long-term consequences. Here’s how I approach these cases:
- Challenging the Traffic Stop and Arrest
Police must have a lawful reason to stop your vehicle. If there was no valid basis for the stop, or if your constitutional rights were violated during the arrest, we can seek to suppress the evidence and potentially have the charges dismissed. - Attacking the Evidence
Breath and blood test results are not always reliable. Machines must be properly calibrated and tests administered according to strict protocols. Even field sobriety tests are highly subjective and often performed under poor conditions. I scrutinize every piece of evidence to find weaknesses in the prosecution’s case. - Fighting the DMV Suspension
I represent you at the DMV Per Se hearing to contest the administrative suspension of your privilege to drive in Connecticut. Winning here can also prevent your home state from taking action against your license. - Leveraging Diversionary Programs – IDIP
For many first-time offenders, Connecticut offers the Impaired Driver Intervention Program (IDIP)—a court-approved diversionary program that, if successfully completed, can result in your case being dismissed and your record cleared. I work to get my clients accepted into this program whenever possible, especially for out-of-state drivers who need a resolution that protects their future. - Negotiating for the Best Outcome
When dismissal isn’t possible, I negotiate aggressively to reduce charges, minimize penalties, and limit the impact on your home-state driving privileges and criminal record. - Preparing for Trial When Necessary
If the state won’t make a fair offer, I am fully prepared to take your case to trial. A strong trial strategy can lead to acquittal or create leverage for a better outcome.
Don’t let a Connecticut DUI ruin your life back home. Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 for a free consultation or fill out this contact form. I’ll explain your options, fight your DUI in court and at the DMV, and work to protect your right to drive—no matter where you live.