January 21, 2000 |
2000-R-0043 | |
CONNECTICUT DRUNK DRIVING LAWS | ||
By: James J. Fazzalaro, Principal Research Analyst | ||
You asked for a summary of Connecticut's drunk driving (DWI) laws.
This summary incorporates the most recent changes to the law made by PA 99-255.
SUMMARY
Connecticut's DWI law consists primarily of three statutes, CGS §§ 14-227a, 227b and 227g. The first prohibits a person from driving while under the influence of alcohol or drugs or with an "elevated" blood alcohol content (BAC). A person is "under the influence" if his ability to drive is affected to an appreciable degree. He has an elevated BAC if it is found to be .10% or more or .07% or more if he has a prior DWI conviction. CGS § 14-227g prohibits anyone under age 21 from driving with a BAC of .02% or more. The laws specify evidence admissibility criteria for alcohol and drug tests. They establish criminal and driver's license suspension penalties for violations. The law also establishes a lesser offense of driving while impaired by alcohol when someone's BAC is more than .07% but less than .10%. Driving while impaired is punishable by a fine.
CGS § 14-227b provides that a person who drives a vehicle has implicitly given his consent to submit to drug or alcohol testing. It establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC. (These provisions are called implied consent and administrative per se, respectively.) An elevated BAC can be .10% or more, .07% or more if there is a prior DWI conviction, or .02% or more if the driver is under age 21. The law provides for higher administrative suspension periods and additional counseling sessions under the pretrial alcohol education program if someone's BAC is measured at .16% or above.
Connecticut imposes harsh criminal penalties if someone is seriously injured or killed. In addition, people found to be "persistent felony offenders" are subject to an increased criminal penalty and the motor vehicles of certain offenders must be impounded for 48 hours.
CONNECTICUT'S DWI LAW
CGS § 14-227a
Driving Under the Influence or with an "Elevated" BAC. The law prohibits driving (1) while under the influence of alcohol or drugs or (2) with an "elevated blood alcohol content." A person is "under the influence" if his ability to drive is affected to an appreciable degree. This may be prosecuted with or without any direct evidence of his BAC. A person has an "elevated blood alcohol content" if his BAC (1) is .10% alcohol by weight or above or (2) is .07% or above and he has a previous drunk driving conviction. The law also makes it illegal for someone under age 21 to drive with a BAC of .02% or more. While this is defined under a different statute (CGS § 14-227g), most of the criminal drunk driving provisions apply by reference to anyone under age 21 violating the prohibition. But since these offenders are charged under a separate statute, the pretrial alcohol education program would not be available to them as it is for other first time drunk driving offenders.
The mere fact that a driver appears to be under age 21 does not provide reasonable and articulable suspicion that an offense has been committed that justifies a police officer's making an investigatory stop of the vehicle (CGS § 14-227g(b)).
The prosecutor cannot dismiss, nolle, or reduce a drunk driving charge without stating his reasons in court.
Driving While Impaired by Alcohol. The law also makes driving with a BAC above .07% but below .10% (driving while impaired) punishable by a fine of up to $200. A fine for driving while impaired can be processed through the Centralized Infractions Bureau that, among other things, allows fines to be paid by mail without a court appearance.
BAC Tests. BAC can be measured by testing the driver's blood, breath, or urine, with the police officer having the discretion to determine which test to use. This law establishes a rebuttable presumption that a driver's BAC at the time it is tested is the same as the BAC at the time he was stopped. But if the result of the second test is .12% or less and higher than the first test, the prosecution must demonstrate that the BAC at the time of the test accurately reflects the BAC at the time of the offense.
Admissibility of Evidence. In order for the test results to be admissible:
1. the driver must be given a reasonable chance to call an attorney before starting the test;
2. a copy of the test results must mailed to the driver within 24 hours or at the end of the next business day after the results are known;
3. the test must be administered by a police officer or at his direction;
4. the test must be administered using methods and equipment approved by the Department of Public Safety (DPS) and in accordance with DPS regulations;
5. the test equipment must be checked for accuracy in accordance with the DPS regulations;
6. a second test of the same type must be administered at least 30 minutes after the first test is conducted (unless the second test is to detect the presence of drugs in which case it can be of a different type and does not have to be administered within that time frame); and
7. the test must begin within two hours of operation (presumably the time of the alleged offense).
The DPS commissioner must determine the reliability of each method and type of device offered for chemical testing of blood, breath, and urine and certify those he finds suitable for use in Connecticut. He must consult with the public health commissioner and adopt regulations governing the conduct of tests, the operation and use of test devices, the training and certification of test operators, and the drawing or obtaining of blood, breath, and urine samples (CGS § 14-227a(c) as amended by PA 99-218 and PA 99-255).
Evidence that a driver refused to submit to a test is admissible if the procedural requirements of CGS § 14-227b (described below) are followed. At trial, the court must instruct the jury as to what inferences can and cannot be drawn from the refusal.
Samples Taken from Apparently Injured Drivers Requiring Medical Treatment. A different set of admissibility standards applies to blood or urine samples taken from an injured driver in the course of his medical treatment. Results of a chemical analysis of the sample are competent evidence to establish probable cause for the person's arrest by warrant and are admissible in a subsequent prosecution if (1) the sample was taken for the diagnosis and treatment of the injury, (2) if a blood sample, it was taken in accordance with DPS regulations, (3) a police officer satisfies a Superior Court judge that he has reason to believe the person was driving under the influence of alcohol or drugs and the blood or urine sample constitutes evidence of this offense, and (4) the judge issues a search warrant authorizing seizure of the test results. The warrant may also authorize seizure of hospital medical records prepared in connection with the diagnosis and treatment of the injury.
Penalties. A person convicted of DWI is subject to the penalties listed in Table 1.
Conviction |
Jail Sentence |
Fine |
License Suspension |
First |
Either (a) up to six months with a mandatory minimum of two days or (b) up to six months suspended with probation requiring 100 hours of community service |
$500-$1,000 |
One year |
Second |
Up to two years, with a mandatory minimum of 120 consecutive days and probation with 100 hours community service |
$1,000-$4,000 |
Three years (or until age 21 if longer) |
Third and subsequent |
Up to three years, with mandatory minimum of one year and probation with 100 hours community service |
$2,000-$8,000 |
Permanent Revocation |
In assessing these penalties, the law considers as a subsequent conviction one that occurs within 10 years of a prior conviction for the same offense. Also, any conviction that occurs in another state for an offense that the court determines has "substantially the same" essential elements as Connecticut's criminal drunk driving offenses, manslaughter in the 2nd degree with a motor vehicle, or assault in the 2nd degree with a motor vehicle will constitute a prior conviction of the same offense for purposes of determining someone's prior criminal history. (2nd degree manslaughter or assault with a motor vehicle involve driving while under the influence of liquor or drugs.)
The license suspension under this law is stayed while a conviction is being appealed. For a driver under age 18, the suspension period is until he turns 18 or the period listed above, whichever is longer. For drivers driving under a work-only driving permit (described below) suspension periods are doubled. In addition to these penalties, the court can order a driver to participate in an alcohol education and treatment program.
The law requires the court to report drunk driving convictions to the motor vehicles commissioner following established statutory procedures. The commissioner must suspend the license or nonresident operating privilege of anyone reported as convicted for the period the law requires.
"At Risk Operator" License Designation
When someone's suspended driver's license is returned or reissued to him following his conviction for DWI, the motor vehicles commissioner must put an indication that he is an "at risk operator" on the reverse side of the license.
Implied Consent
Under this section, anyone who drives has implicitly permitted the testing of his blood, breath, or urine. If the driver is a minor, his parents or guardians are considered to have given their consent.
Before administering the test, the police officer must:
1. inform the driver of his constitutional rights,
2. give him a chance to call an attorney,
3. inform him that his license will be suspended if he refuses to take the test or if his test results indicate an elevated BAC, and
4. inform him that evidence of a refusal may be used against him in a criminal prosecution
Administrative Per Se
This law requires an administrative license suspension process for drivers who refuse to submit to the test or whose test results indicate an elevated BAC (.10% or more, .07% or more if there is a previous conviction, or .02% or more if he is under age 21). In such cases, the police officer must revoke the driver's license for 24 hours and issue the driver a temporary license that is valid for the following 29 days. The officer must submit a report to the Department of Motor Vehicles (DMV), which among other things must contain any test results and the grounds the officer had for arresting the person. In cases of test refusals, a third party who witnessed the refusal must sign the report.
A different procedure applies when someone gives a blood or urine sample at a police officer's request and this requires a laboratory analysis to determine the results. In this case, the officer can not immediately take possession of the person's license or follow the other procedural requirements of the per se law. Instead, immediately upon receiving test results showing an elevated BAC, the officer must notify the motor vehicles commissioner and submit the required written report. As with the law as it applies to breath tests, the commissioner may suspend the person's license or nonresident operating privilege as of a date certain, but this cannot be more than 30 days after the person receives notice of his arrest by the police officer.
The driver is entitled to a hearing before DMV to contest the suspension. The hearing must be held before the temporary license expires. The hearing is limited to whether: (1) the police officer had probable cause to arrest the person, (2) he was arrested, (3) he was driving, and (4) he refused the test or had an elevated BAC. In the case of test results obtained from a blood sample taken from an apparently injured driver, the hearing must include an additional determination of whether the blood sample was obtained according to the statutory conditions for admissibility and competence as evidence. If the answer to any of these questions is no, the driver gets his license back.
If the answer to all of the questions is yes, the driver's license is suspended for the period specified in Table 2. Longer suspensions apply if the person's BAC was measured at .16% or more.
Per Se Offense |
First Offense |
Second Offense |
Third Offense |
Test Refused |
6 months |
One year |
3 years |
BAC of: A) .10% or more B) .07% or more if prior conviction for DWI C) .02% or more if under age 21 |
90 days |
9 months |
2 years |
BAC of .16% or more |
120 days |
10 months |
2 years, six months |
The penalties also apply to someone who takes the initial test but refuses to take the second test. These provisions do not apply to someone whose condition makes such tests medically inadvisable. These license suspension penalties are in addition to any suspension penalties imposed by the criminal court for operating under the influence of alcohol or drugs (see Table 1 above).
A person is considered a "persistent operating under the influence felony offender" if he (1) is convicted of manslaughter or assault in the second degree with a motor vehicle and (2) within the prior 10 years has been convicted of either of these offenses or of driving under the influence of alcohol or drugs, or of substantially similar offenses in other states (CGS. § 53a-40f).
The court may impose the prison sentence for the next higher degree of felony for a persistent operating under the influence felony offender if it believes that his history and character and the nature and circumstances of the criminal conduct indicate that the extended incarceration will best serve the public interest. Thus, it increases, from 10 to 20 years, the maximum possible prison term for a persistent offender convicted of manslaughter in the first degree with a motor vehicle and, from five to 10 years, the maximum possible sentence for a persistent offender convicted of assault in the first degree with a motor vehicle.
48-HOUR IMPOUNDMENT
An officer must impound for 48 hours the motor vehicle of anyone he arrests for operating under the influence whose right to drive in Connecticut is under suspension or revocation. The owner may reclaim the vehicle after paying all towing and storage costs (CGS § 14-227h).
Anyone who operates a motor vehicle during the period his license is under suspension or revocation for driving under the influence or for refusing to submit to a BAC test is subject to a fine of up to $1,000 and imprisonment of up to one year. The offense also carries a 30-day mandatory prison sentence unless the court specifies mitigating circumstances in writing (CGS § 14-215(c)).
REPEAT OFFENDER TREATMENT REQUIREMENT
The law requires a driver to participate in a treatment program approved by the DMV commissioner if his license or nonresident operating privilege is suspended for a second or subsequent drunk driving violation or for a second per se violation or test refusal. His license or driving privilege cannot be reinstated until he submits proof that he has satisfactorily completed the program (CGS § 14-227f).
The commissioner must design the program. He may request the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board, any state agency, or any public or private entity that provides responsible services for alcohol and drug addiction treatment. The program must provide intensive treatment and continuing individual aftercare supervision and monitoring. The commissioner can approve one or more private organizations that meet his qualifications to provide the program, but the entire cost of the program must be paid from user fees. The fees are subject to the commissioner's approval.
Once notified that he must participate in the program, a person has 30 days to petition the commissioner for a waiver. Grounds for granting a waiver are: (1) that the person is presently undergoing a substantial addiction treatment program or has completed such a program subsequent to his most recent arrest, either because of a court order or voluntarily and (2) a licensed physician who personally examines him determines that he does not have a current addiction problem that affects his ability to drive safely or poses a significant safety risk in the foreseeable future. When reviewing a waiver petition, the commissioner must request and consider the medical advisory board's advice.
The person may appeal the commissioner's waiver decision under the provisions of the Uniform Administrative Procedure Act. The commissioner must adopt implementing regulations.
TESTING AFTER FATAL ACCIDENTS
The chief medical examiner and other specified officials must include in any investigation of a fatal motor vehicle accident a blood sample from any driver or pedestrian who dies in the accident. These samples must be examined for the presence and concentration of alcohol by the chief medical examiner or the DPS Division of Scientific Services. To the extent the law allows, blood or breath samples may also be obtained from any surviving driver involved in the accident (CGS § 14-227c as amended by PA 99-218).
The testing of any such samples must be performed at the direction of a police officer and according to methods and with equipment approved by DPS. The person performing the test must be certified or recertified for this purpose by DPS or recertified by someone certified as an instructor by DPS.
Test equipment must be checked immediately before and after the test by someone who is DPS-certified. If a blood test is performed, the sample must be taken by someone licensed to practice medicine and surgery, a qualified laboratory technician, an emergency medical technician II, a registered nurse, or a phlebotomist. These requirements differ slightly from those that apply to tests in connection with drunk driving arrests.
WORK-ONLY DRIVERS' PERMITS
By law, anyone who has had a driver's license suspended, except a person (1) with a previous suspension, (2) who operated a vehicle while under suspension, (3) who failed to appear for trial, or (4) under suspension for refusing to submit to a DWI blood, breath, or urine test until at least 90 days of his mandatory six-month suspension has run, may apply for a special driving permit that allows certain work-related driving (CGS § 14-37a).
OTHER STATUTES
CGS § 14-44a et seq., imposes a .04% BAC limit for drivers operating buses, large trucks, and vehicles carrying hazardous material under a commercial driver's license. CGS § 53a-56b establishes the crime of manslaughter in the second degree with a motor vehicle. A person commits this offense when while operating a motor vehicle under the influence of alcohol or any drug, he causes the death of another person as a consequence of the effect of the alcohol or drugs. The penalty is a prison term of up to 10 years, or a fine of up to $10,000, or both. CGS § 53a-60d establishes the crime of assault in the second degree with a motor vehicle. A person commits the offense when while operating a motor vehicle under the influence of alcohol or drugs, he causes serious physical injury to another person as a consequence of the effect of the alcohol or drugs. The penalty is a prison term of up to five years, or a fine of up to $5,000, or both. The law defines a "serious physical injury" as one that creates a substantial risk of death, or causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ.
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