ALCOHOL/DRUG ABUSE; DRIVER LICENSES; DRUNK DRIVING; MOTOR VEHICLES;

MOTOR VEHICLES - LICENSES;

You asked whether someone is ineligible for a limited driver’s license for employment purposes because of a prior alcohol related offense. Our office is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

The statutes make someone ineligible for a limited driver’s license for employment purposes if he previously had his license suspended by the motor vehicle commissioner for either (1) refusing to submit to a blood, breath, or urine, test after having been arrested for driving under the influence of alcohol or drugs, or (2) driving a motor vehicle with a blood alcohol level above the legal limit in violation of the administrative per se law. (There are other reasons that also make people ineligible).

LIMITED LICENSE

With a few exceptions, anyone whose operator’s license has been suspended for any reason may apply to the motor vehicle commissioner for a special permit to operate a motor vehicle to and from his place of employment or, if he is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform his business or profession (CGS § 14-37a).

The law authorizes the commissioner, in his discretion upon a showing of significant hardship, to grant each such application that is submitted in proper form and contains the information he requires. In determining whether to grant the application, the commissioner may also consider the applicant’s driving record and must determine whether the suspension is a final order that is not under appeal.

A special operator’s permit may not be issued to any person whose operator’s license has been suspended previously pursuant to the implied consent law or the administrative per se license suspension law.

The implied consent law requires the motor vehicle commissioner to suspend the license of someone who refuses to submit to a blood, breath, or urine test after having been arrested for drunk driving. The administrative per se license suspension law requires the commissioner to administratively suspend the license of someone who was operating motor vehicle with a blood alcohol level above the legal limit.

We have enclosed a copy of a recent OLR report that summarizes Connecticut’s law (OLR-2002-R-0844), and a report that summarizes a few changes made during the past legislative session (OLR-2003-R-0602).

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