You asked why a person’s participation in the pre-trial alcohol education program appears in his driving record, even though his court record is closed to the public if he successfully completes the program.

SUMMARY

The law requires the Department of Motor Vehicles (DMV) to maintain a record of someone’s successful participation in the program as part of his driving record for seven years. This requirement was established by PA 83-571, which was adopted two years after the program was authorized. The legislative history of the 1983 act provides little insight as to why the requirement was adopted.

PRE-TRIAL PROGRAM AND DRIVING RECORDS

Under CGS § 54-56g, the program is available to drivers charged with driving under the influence (CGS § 14-227a) or, in the case of a person under age 21, driving with a blood alcohol content over . 02% (CGS § 14-227g). A person charged with violating CGS § 14-227a can participate in the program once every ten years; a person charged with violating CGS § 14-227g cannot participate if he has ever participated in the program. A person charged with either crime is ineligible to patricipate in the program if he has ever been convicted of a prior DWI charge, manslaughter in the second degree with a motor vehicle, or assault in the second degree with a motor vehicle, or comparable crimes in other states. He is also ineligible to participate, except for good cause shown, if his alleged violation of the drunk driving laws caused a serious physical injury to another person.

The court, after considering the recommendation of the state's attorney's office, can grant the driver’s application to participate in the program. If he successfully completes the program, the court must dismiss the charges against him upon the driver’s request.

Once the person applies for the program, his court files are sealed to the public unless he is determined to be ineligible for the program or does not successfully complete it. But, the law requires the Judicial Department to retain a record of the driver’s successful participation in the program for seven years and to transmit this information to DMV. DMV must maintain this information as part of the person’s driving record for seven years. These provisions were added by PA 83-571. In practice, insurers use a person’s driving record, among other things, in setting his rate.

The legislative history of the 1983 act provides little insight as to why participation in the program was made part of a person’s driving record. Although the provision was part of the file copy, it was not discussed in the bill’s public hearing before the Judiciary Committee. Proponents of the bill in the House and Senate took note of the provision in the floor debate, but the only one statement touched on its rationale. Rep. Prague noted that by placing the information in the driving record, it would be readily available if the driver was arrested for drunk driving again.

Under CGS § 54-56g, a person charged with violating CGS § 14-227a who applies for the program must swear under penalty of perjury that he has not participated in it in the past 10 years. However, the record retention requirement only runs for seven years and DMV practice is consistent with this requirement, according to John Yaccavone, DMV’s chief counsel.

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