BankruptcyHow do you get a DUI dismissed in CT?

August 15, 20250

In Connecticut, the most common path to a dismissal for a first arrest is the court’s Pretrial Impaired Driver Intervention Program (IDIP); otherwise, a DUI/OUI can be dismissed when legal defects—like an unlawful stop, lack of probable cause, or inadmissible chemical tests—lead the court to suppress key evidence, and you must also handle the separate DMV “per se” license case within 7 days. Connecticut Judicial BranchJustia LawCT.gov


Quick answer (plain English)

  • First-timers: Apply for IDIP (formerly AEP). If you’re accepted, complete the required education or treatment and any victim-impact panel—the court dismisses the charge. Connecticut Judicial Branch

  • Everyone else: A case can be thrown out or reduced if your lawyer wins a motion to suppress/dismiss (illegal stop, bad arrest, mishandled breath/blood test, tests not begun within 2 hours of operation, etc.). Justia Law

  • Two tracks: You also face a DMV “per se” suspension—request the hearing within 7 days of the notice or you lose your chance to contest it. CT.govJustia Law


Path 1 — Diversion that ends in dismissal (IDIP)

What it is: Connecticut’s Pretrial Impaired Driver Intervention Program lets eligible first-time defendants complete education (12 sessions) or treatment (15+ sessions). On successful completion (and any ordered victim-impact panel), the court dismisses the case. Connecticut Judicial Branch

How you qualify (high level): Eligibility is set by statute; you apply, the court sends you to CSSD (eligibility) and DMHAS (evaluation). Prior use within 10 years, certain prior convictions, or serious-injury cases can affect eligibility. Fees apply (application $100, evaluation $150, plus program fees). Courts can waive costs for indigency. Justia Law Connecticut Judicial Branch

Program components & fees (current):

  • 12-session alcohol/drug education or treatment (≥15 sessions) set by DMHAS.

  • Typical fees noted by Judicial Branch: $100 application, $150 evaluation, $400 education or $100 + treatment cost for the treatment track. Dismissal after you finish what’s ordered. Connecticut Judicial Branch


Path 2 — Litigation strategies that can lead to dismissal

A court can dismiss (or prosecutors can nolle/not proceed) if the evidence is suppressed or insufficient. Common CT issues include:

  1. Bad stop / no reasonable suspicion → suppress everything that follows.

  2. No probable cause to arrest → SFSTs conducted/graded improperly, body-cam/dash-cam conflicts, medical conditions, etc.

  3. Chemical test problems → tests not commenced within 2 hours of operation, improper observation period, device or operator non-compliance → suppress BAC. (Admissibility and statutory presumptions come from §14-227a.) Justia Law

  4. Implied-consent advisements / refusal procedures errors (intersects with the DMV case under §14-227b). Justia Law

Result: If key evidence is tossed, prosecutors may not be able to prove OUI beyond a reasonable doubt, leading to dismissal or a favorable reduction.


Reductions (CT-specific—not “wet reckless”)

Connecticut doesn’t use the California term “wet reckless.” Here, reductions are typically to Reckless Driving (§14-222) or speed-based offenses like Traveling Unreasonably Fast (§14-218a)/Speeding (§14-219)—outcomes depend on the facts and your record. Connecticut General AssemblyJustia Law+2Justia Law+2


Don’t ignore the DMV “per se” case

Separate from court, DMV can suspend your license based on test results/refusal. You generally have 7 days from the mailed notice to request a hearing with the Administrative Per Se Unit. Miss it, and the suspension/ignition-interlock goes into effect automatically. CT.goveRegulations


Action checklist

  1. Hire counsel quickly (court + DMV run on tight clocks).

  2. File for IDIP if you’re eligible; attend CSSD/DMHAS evaluations. Connecticut Judicial Branch

  3. Request the DMV hearing within 7 days of your suspension notice. CT.gov

  4. Preserve evidence (body-cam/dash-cam, dispatch logs, calibration/maintenance records).

  5. Litigate stop/arrest/testing issues under §14-227a and §14-227b; seek dismissal/suppression or a targeted reduction. Justia Law+1


FAQs

What’s the fastest way to get a first DUI dismissed in CT?
Apply for IDIP; complete the assigned program and any victim-impact panel for a court dismissal. Connecticut Judicial Branch

How much are IDIP fees?
Judicial Branch guidance lists $100 application, $150 evaluation, and $400 for education or $100 + treatment cost for the treatment track (fee waivers possible for indigency). Connecticut Judicial Branch

If the officer doesn’t show, is my case dismissed?
Not automatically. Courts often continue the matter or proceed with available evidence. Dismissals hinge on legal defects or insufficient proof.

What’s this “2-hour rule” I hear about?
For breath/blood/urine tests to carry statutory presumptions, the test must begin within 2 hours of operation under §14-227a. Late tests or procedural lapses can trigger suppression fights. Justia Law

What if I’m not IDIP-eligible?
Your lawyer focuses on motions to suppress/dismiss, expert challenges to SFSTs/chemistry, and negotiating reductions (e.g., §14-222, §14-218a/§14-219). Justia Law+2Justia Law