Monday, June 26, 2017

Ithaca DWI Lawyer: CT (Connecticut) Out of State (New York) DWI or DWAI License Consequences

CT DMV is Quite Revolutionary in it's treatment
of out of state DUI

from ct.gov
Sometimes I feel like when I’m on reddit and reading that section TIL (today I learned). Today I learned how to spell Connect-icut.  I don’t practice there, and until you slow down and look at things you can go decades before you realize  that Connecticut has CONNECT in it. I kinda feel the same way about Wed-nes-day, as a kid I always saw weds-day or wens-day. 


The state motto is "Qui Transtulit Sustinet" = He who is Transplanted Still Sustains, and as we all drive from state from state in the pursuit of happiness I ask? 


How does the state of Connecticut connect with and punish CT licensed drivers who have sustained New York DWI, aggravated DWI, and DWAI offenses?

My BIG disclaimer:

I am licensed in four states but CT is not one of them. The focus of our practice is NYS DWI defense but that said we represent lots of people with out of state licenses. Understanding all the consequences to both in state and out of state privileges is important to every case. 

Contact a CT licensed attorney for any information about CT law or consequences. Always discuss your CT DUI or out of state DUI license consequences with a CT licensed attorney. That said the following is for educational purposes only and is my take on CT license issues with any NYS DWI (driving while intoxicated) or DWAI (driving while ability impaired) by alcohol charge.


The Good, Bad, and the Ugly of CT Out of State DUI License Penalties


Firstly, CT treats ALL out of state drug and alcohol offenses the SAME. The good is that if you get an aggravated level NY DWI (.18 BAC or more) you will be treated the same way as if you got a New York DWAI (.06 or .07 BAC) or a NY DWI (.08 BAC).  Some people may see that as unfair since the high and the low are dealt with equally, both have the exact same consequences.

If you receive ANY out of state DUI/OUI/OWI/DWI/DWAI alcohol or drug related offense you will face a license suspension in Connecticut. On a first time offense this will usually be a hard suspension of 45 days. Much like NJ, CT doesn’t really issue special license privileges. Their answer to having your CT license privileges penalized is an IID device. Better than NYS in many respects with conditional licenses and IIDs.

Makes me sad to see her date of birth
is around the time I graduated H.S.


You Can Get Your CT License Privileges Suspended One of Two Ways:


Refusing to take an out of state chemical test of blood or breath OR taking a chemical test and showing a “Per Se” Alcohol Amount of .08 or higher.

How Long Does it Take NYS DMV to Notify CT DMV?


It could take a few to many, many months for NYS to contact CT about your DWI. I can tell you that there is NO way to speed up or slow down this process. It happens in it's own time period. Government is like that. 

Once NYS sends notice to CT then you will receive a notice of suspension from the CT DMV. It will be mailed to the address that is on record and this allows you seven days to request a hearing. 

If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice. Discuss with a CT licensed attorney if a hearing is necessary or advantageous to your particular DWI/DUI/OUI/OWI case.


All First Time Out of State DWI/DUI/OUI/OWI Arrests Lead to 45 Day CT Suspension


Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

All First Time Out of State DWI/DUI/OUI/OWI Arrests Lead to One Year CT IID (ignition interlock device) Installation following the 45 day suspension.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed, for first time offenses this is a minimum of one year.

First time refusal or per se out of state DWI/DWAI/OUI/OWI =

ONE YEAR FULL LICENSE SUSPENSION WITH IID REQUIREMENT

In other words you can ONLY drive an IID equipped car or vehicle for this time period. There is no need for any temporary, restricted, or work purposes license.

What to Do  Prior to CT DMV IID Eligibility Date (during 45 day hard suspension)?


Forms and fees should be submitted to CT DMV at least two weeks prior to your IID eligibility date.

Download and print the Ignition Interlock Device Installation Application (P-246 form). Find this off the CT DMV website.

Complete part 1 of the application and sign the Operator Certification section.  The vehicle listed on the form must have a valid registration.  If you are not the owner of record for the vehicle, the registered owner must complete part 2. You need permission of the owner of car to install an IID upon that car. 

Contact one of the Connecticut-approved IID vendors to schedule an appointment to have the IID installed.  The installer will complete part 3 of the application.

CT IID Vendor List

You can call the toll free number(s) below for IID cost, installation, or appointment information.

Sensolock of America                           1-800-219-9936
Intoxalock                                              1-877-777-5020
Draeger Safety Diagnostics                   1-800-332-6858
Smart Start                                             1-800-880-3394
Alcohol Detection Systems                   1-888-786-7384
LifeSafer Inc.                                         1-855-892-7792
Low Cost Interlock                                1-844-276-0548
Simple Interlock                                     1-844-432-4775

IIDs have three different costs associated with them. Installation cost, de-installation cost, and monthly maintenance costs. Generally install runs $150 to $175 and the same for de-install (removal). Monthlies run from $85 to $95 depending upon the contracted company. Many companies like Intoxalock can transfer state to state (they have many branches) easily other IID providers not so much, they have only local monitors in place. 

Submit the completed CT P-246 form. If the vehicle is registered outside Connecticut submit a copy of the valid registration certificate.

Pay the $175.00 restoration fee and the $100.00 IID Administration fee.  Fees may be paid by a check or money order made payable to DMV and submitted with your IID application or you can pay the fees online.

Mail your Completed CT DMV IID application to:

Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, Connecticut  06161-2525


Getting Your CT License Back After a NYS DWI or DWAI or ADWI


You may have other suspension matters out of state, in addition to the CT IID requirements. These out of state matters must be resolved in order for your driver’s license to be fully reinstated in CT. New York State will have a hold placed upon your NYS driving privileges which must be released prior to CT giving you back FULL driving privileges without an IID.

New York State Places a Hold Upon Your NYS Driving Privileges After a DWI


NYS requires proof of install and use of an IID for ALL DWI and ADWI offenses. This is called a restriction upon your driving privileges. In that you are restricted from all driving without an IID device. This IID time period is set by the NYS judge at 12 months. In addition, NYS DMV has three years of driver responsibility ($750 total or $250/yr) fees which must be paid prior to release of all holds.

If you received an New York CD (conditional discharge) then the court and the judge probably placed conditions upon your plea. You may have show completion of drug/alcohol evaluation, attendance at a Victim Impact Panel, and the payment of fines and/or surcharges.  

After ALL restoration requirements are met and your suspension time has been served, you will be reinstated with IID requirement. 

A final approval letter and restoration notice will be mailed to you. You may operate only a vehicle equipped with an IID for the duration required.

After you are restored, you must ensure that you have a current, valid driver license. If you were issued a Connecticut non-driver photo ID card during the suspension, you may exchange the ID for your previously held Connecticut driver's license.

If you hold an out-of-state driver license you must verify with the issuing state that it is valid before operating a vehicle. If you are now a Connecticut resident, you must transfer your out of state license to Connecticut.


For information concerning license restoration or IID requirements, you may write or call:


Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT  06161-2525
dmv.suspension@ct.gov
Phone:  860-263-5720