issue
This report updates OLR Report 2014-R-0251 on driving under the influence (DUI) laws and related offenses. It does
not address boating-related DUI laws.
SUMMARY
Connecticut's DUI law consists
primarily of two statutes, CGS §§ 14-227a and -227b. The first prohibits a person from driving (1) while “under the
influence” of alcohol or drugs or (2) with an “elevated” blood alcohol content
(BAC). A person is under the influence if his or her ability to drive is
affected to an appreciable degree. The maximum allowable BAC depends on the
driver's age and the type of vehicle he or she is operating.
Drivers over age 21 have an elevated BAC if it
is found to be .08% or more. Drivers operating a commercial motor vehicle
(e.g., a large truck) have an elevated BAC if it is .04% or more. Under CGS § 14-227g people younger than 21 have an
elevated BAC if it is found to be .02% or more. The law specifies evidence
admissibility criteria for alcohol and drug tests.
Connecticut law provides for a Pretrial Alcohol
Education Program under which certain eligible offenders charged with DUI may successfully complete an alcohol intervention or
substance abuse treatment program, as appropriate, and have the DUI
charges dismissed (CGS § 54-56g).
All drivers convicted of DUI face fines and
prison terms. In addition, penalties for first- and
second-time offenders include a 45-day license suspension and ignition
interlock restrictions. Third-time and subsequent offenders face license
revocation and ignition interlock restrictions if a license is eventually
reinstated (see Table 1, below). An ignition interlock device (IID) prevents a
driver from operating a vehicle if his or her BAC is above a certain threshold.
Under the second statute, CGS § 14-227b, motorists implicitly consent to
be tested for drugs or alcohol when they drive. The law 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.) The
license suspension period for all per se violations is 45 days. Drivers must
operate only ignition interlock equipped vehicles for specified periods after
this suspension ends (see Table 5, below).
The law also requires use of an IID for two
years following the mandatory one-year license suspension following conviction
for 2nd degree manslaughter with a motor vehicle (CGS § 53a-56b) or 2nd degree assault
with a motor vehicle (CGS § 53a-60d). These crimes apply to drivers
who cause the death or serious injury of another person, respectively, while
under the influence of alcohol or drugs. The court may also order an individual
arrested for DUI, 2nd degree manslaughter with a
motor vehicle, or 2nd degree assault with a motor vehicle to operate
only motor vehicles equipped with IIDs as a condition of (1) release on bail,
(2) probation, or (3) granting his or her application to take part in the
Pretrial Alcohol Education Program (CGS § 14-227j (b)).
Someone who holds a commercial driver's license
(CDL) faces disqualification from driving a commercial motor vehicle for one
year if he or she is found to have: (1) a BAC of .04% or more while driving a
commercial vehicle, (2) a BAC of .08% or more while driving any other type of
vehicle, (3) refused a BAC test when driving any motor vehicle, or (4) been
convicted of DUI. CDL holders who commit two or more of
certain offenses, including DUI, face a lifetime ban on
driving commercial motor vehicles, but may get their license back if they meet
certain conditions.
Police must impound for 48 hours the motor
vehicle of someone arrested for DUI who was driving while his
or her license was suspended or revoked. The owner may reclaim the vehicle
after paying towing and storage costs (CGS § 14-227h).
PA
16-126 increases the criminal penalties for DUI (1) with a passenger under
age 18 or (2) when driving a school bus, student transportation vehicle (STV),
or other motor vehicle specially designated for carrying children, regardless
of whether a passenger under age 18 is present. The act imposes longer
mandatory minimum and maximum prison terms and mandatory probation for first
offenses; subjects people charged with these crimes to the administrative per
se procedure; and generally applies to people charged with these crimes the
same restrictions and requirements that apply to people convicted of DUI.
In addition, people found to be “persistent
operating while under the influence felony offenders” are subject to an
increased criminal penalty.
Driving While Under the Influence of Alcohol
or Drugs (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 or her ability to drive is affected by
alcohol or drugs to an appreciable degree (Infeld v. Sullivan, 151 Conn.
506 (1964)). This may be prosecuted with or without any direct evidence of his
or her BAC.
A person has an elevated blood alcohol content
if his or her BAC is at least .08% alcohol by weight. The law also makes it
illegal for someone driving a commercial motor vehicle to have a BAC of .04% or
more and for anyone under age 21 to drive with a BAC of .02% or more.
The DUI law applies to drivers
operating motor vehicles anywhere, including their own property, and to people
operating snowmobiles and all-terrain vehicles (CGS § 14-227a(a)).
Before dismissing, declining to prosecute, or
reducing a DUI charge, a prosecutor must state the reasons
for doing so in court (CGS § 14-227a(f)).
BAC Tests
A police officer may measure a motorist's BAC by
testing the driver's blood, breath, or urine. The 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 or she was stopped. The law requires two tests at least 10
minutes apart. If the result of the second test is .10% or less, and higher
than the first test, the prosecution must demonstrate that the test results and
analysis accurately reflect the driver's BAC at the time of the alleged offense
(CGS § 14-227a(b)).
Admissibility of Evidence for Uninjured
Drivers
The standard for determining whether evidence is
admissible depends on whether the driver was injured.
In order for the test results of an uninjured
driver to be admissible:
1. the
driver must have (a) been given a reasonable chance to call a lawyer before
taking the test and (b) consented to taking it;
2. a
copy of the test results must be mailed or personally delivered 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 the officer's direction;
4. the
test must be administered using methods and equipment approved by the
Department of Emergency Services and Public Protection (DESPP) and according to
DESPP regulations;
5. the
test equipment must have been checked for accuracy according to DESPP
regulations;
6. a
second test of the same type generally must be administered at least 10 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 have begun within two hours of operation (presumably the time of the
alleged offense) (CGS § 14-227a(b)).
The DESPP commissioner must determine the
reliability of each method and type of device used to test blood, breath, and
urine, and certify those suitable for use in Connecticut. He must 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(d)).
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 it can and cannot
draw from a refusal (CGS § 14-227a(e)).
Admissibility of Evidence for 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 or her 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. of
a blood sample, it was taken in accordance with DESPP regulations;
3. a
police officer satisfies a Superior Court judge that (a) he or she had reason
to believe the motorist was driving under the influence of alcohol or drugs and
(b) the blood or urine sample constitutes evidence of this offense; and
4. the
judge issues a search warrant authorizing the seizure of the test results. The
warrant may also authorize the seizure of hospital medical records prepared in
connection with the diagnosis or treatment of the injury (CGS § 14-227a(k)).
Penalties
A person convicted of DUI is
subject to the criminal penalties listed in Table 1. In assessing these
penalties, the law considers a subsequent conviction one that occurs within 10
years of a prior conviction for the same offense (CGS § 14-227a (g)).
In practice, however, the first conviction of a
driver for DUI is usually for the driver's second violation
because a first offender charged with DUI may apply to the
court for admission to the Pretrial Alcohol Education Program (see below). The
applicant must state under oath that he or she has not been in the program in
the preceding 10 years. The court must dismiss the DUI
charges if the driver satisfactorily completes the program.
Table 1: DUI
Criminal Penalties (CGS § 14-227a (g))
|
Conviction
|
Prison
Sentence
|
Fine
|
License
Suspension
|
|
First
|
Either (1) up to six months with a
mandatory minimum of two days or (2) up to six months suspended with
probation requiring 100 hours of community service
|
$500- $1,000
|
45 days, followed by one year driving
only a vehicle equipped with an ignition interlock.
|
purposes of determining someone's prior criminal
history (CGS § 14-227a(g)). By law, the Department of
Motor Vehicles (DMV) may impose IID requirements as well as license suspensions
for second or subsequent convictions (CGS § 14-111n (d)).
Victim Panel. If the court
sentences someone to probation, it may require as a condition that the offender
take part in a victim impact panel program approved by the judicial branch's
Court Support Services Division (CSSD). The panel must provide a
non-confrontational forum for victims of alcohol- or drug-related offenses and
offenders to share experiences on the impact of alcohol- or drug-related
incidents on their lives. The nonprofit organization that conducts the panel
may charge an offender ordered to participate a fee of up to $75 (CGS § 14-227a(l)).
Assessment and Treatment. For
second or subsequent DUI convictions, the law requires an
offender to (1) submit to an alcohol or drug abuse assessment through CSSD and
(2) undergo a treatment program if ordered to do so by the court (CGS § 14-227a(g)).
Home Confinement. The law allows the Department of Correction (DOC) commissioner
to release an inmate sentenced for DUI, after admission and
conducting a risk and needs assessment, to the inmate's home. The released
offender cannot leave his or her home without authorization, remains in DOC
custody, and is supervised by DOC employees. The DOC commissioner can revoke
the release and return the person to prison for violating release conditions
(CGS § 18-100h
(a)).
Drivers Age 16 and 17
The law imposes stricter rules on 16- and 17-year-old
drivers cited for either driving under the influence of alcohol or drugs or
with an elevated BAC (which for them is .02% or more). Under these conditions,
the police officer, acting on behalf of the DMV commissioner, must seize the
driver's license for 48 hours and have the vehicle removed. The license is
considered suspended for 48 hours, starting when the arrest is made or the
summons issued.
To regain the license, the 16- or 17-year-old
and, unless he or she is an emancipated minor, his or her parent or legal
guardian, must, after the 48-hour period ends, appear in person at the police
department, state police barracks, or other designated location and sign a
written acknowledgement of its return. No restoration fee may be charged for
return of the license. The police officer who seized the license must send a
written report of the violation and the suspension to the DMV commissioner (CGS
§ 14-36i (b)).
A driver under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).
IGNITION INTERLOCKS
Ignition interlock devices are installed in
motor vehicles to prevent people from driving under the influence of alcohol.
They require the driver to breathe into them to operate the vehicle. If the
device detects a BAC above a certain threshold it prevents the vehicle from
being started. IIDs also require the driver to submit periodic breath samples
while he or she is driving. Offenders must pay DMV a $100 fee before the device
is installed; DMV uses this money to administer the interlock program.
Offenders also must pay the costs of installing and maintaining the devices
(CGS § 14-227a(i)).
Interlock Requirements – Criminal
Convictions
The following interlock restrictions apply once
the license suspension periods described above end. (However, the commissioner may
extend, through regulations he adopts, periods of required interlock use beyond
those the law requires (CGS § 14-227a(i)(10)).
First-
and Second-Time DUI Offenders.
First-time offenders must drive only vehicles equipped with IIDs for one year.
Second-time offenders must drive only interlock-equipped vehicles for three
years.
During the first year of the three-year period,
second-time offenders may only drive interlock-equipped vehicles to or from (1)
work, (2) school, (3) an alcohol or drug abuse treatment program, (4) an
ignition interlock service center, or (5) probation appointment. The
commissioner must note this restriction on the driver's electronic records
(license and driving history) as he does for other ignition interlock
requirements.
First- and second-time offenders must verify to
the commissioner, in a manner he determines, that they have had the interlock
devices installed (CGS § 14-227a(i)).
Third-Time
and Subsequent DUI Offenders. The law requires DMV to revoke the license of
third-time and subsequent offenders, although it allows the offender to request
that DMV restore the license after two years. The commissioner may restore the
license if (1) doing so does not endanger public safety, (2) the individual has
met certain requirements (including completing an alcohol and drug education
program, see below), and (3) the offender will drive only vehicles
equipped with IIDs for as long as he or she
continues to drive. But the law also allows an offender to ask the commissioner
to lift the interlock requirement after 15 years, and allows the commissioner
to do so after a hearing and for good cause (CGS § 14-111(i)).
Sentence Re-imposition
The law requires the commissioner to reinstate
the original license suspension on someone who fails to use an IID as required
until the person demonstrates to the commissioner’s satisfaction that he or she
intends to install and maintain the IID for the required period. The
commissioner must adopt regulations specifying (1) which actions constitute a
failure to comply with the requirements, (2) which of these actions will result
in DMV increasing the length of time the individual must drive only
interlock-equipped vehicles, and (3) the length of these extensions (CGS §§ 14-111(j) and 14-227a(i)(3)).
Ignition Interlock Requirements for Other Crimes
The law requires anyone convicted of 2nd
degree manslaughter with a motor vehicle or 2nd degree assault with
a motor vehicle to operate ignition interlock-equipped motor vehicles for two
years following a mandatory one-year license suspension (CGS §§ 53a-56b and -60d). A court also may order anyone arrested
for these crimes to only operate motor vehicles equipped with ignition
interlock devices as a condition of (1) release on bail, (2) probation, or (3)
granting his or her application to participate in the Pretrial Alcohol
Education Program (CGS § 14-227j(b)).
Penalties for Evading Ignition Interlock
Restrictions
People under a court or DMV order for ignition
interlock use face criminal penalties for evading those restrictions. Anyone
who asks another person to breathe into an interlock to start a vehicle or
tampers with, bypasses, or alters an interlock commits a class C misdemeanor,
which is punishable by up to three months in prison, a fine of up to $500, or
both (CGS § 14-227k(c)).
People who illegally drive a vehicle (1) not
equipped with a functioning interlock or (2) that a court has prohibited them
from driving, face stiffer penalties, as described in Table 2, below.
Table 2: Criminal Penalties for
Illegally Driving a Vehicle without an Interlock
|
Offense
|
Penalty
|
|
First
|
$500 to $1,000 fine
Up to one year in prison, 30 days
mandatory minimum*
|
|
Second
|
$500 to $1,000 fine
Up to two years in prison, 120 day
mandatory minimum*
|
|
Third or subsequent
|
$500 to $1,000 fine
Up to three years in prison, 1 year
mandatory minimum*
|
*The
court is not required to impose the mandatory minimum sentence if it states
mitigating circumstances in writing.
By law, DMV must also suspend for one year the
license or nonresident operating privilege of anyone convicted of any of the
above offenses (CGS § 14-227k(d)).
A driver is ineligible to operate a motor
vehicle with an ignition interlock if his or her license was suspended for any
reason other than conviction of (1) DUI, (2) 2nd degree
manslaughter with a motor vehicle, or (3) 2nd degree assault with a
motor vehicle (CGS § 14-227a(i)).
DUI with a passenger under age 18 (CHILD
passenger) or when driving a school bus or similar vehicle (PA 16-126)
PA
16-126, effective October 1, 2016, establishes specific crimes for (1) DUI
with a child passenger in any motor vehicle (including a snowmobile or
all-terrain vehicle) and (2) DUI when driving a school bus, STV, or other motor
vehicle specially designated for carrying children, with or without a child
passenger. As under DUI law:
1. these crimes apply if
someone is driving while under the influence of alcohol or drugs or with an
elevated BAC and
2. the threshold for an
elevated BAC is .08% for most drivers over age 21, .04% for drivers over age 21
if operating a commercial vehicle, and .02% for drivers younger than 21.
Because a CDL is required to drive a school bus, the BAC
threshold for such drivers over age 21 is .04%. Because an STV is not
necessarily classified as a commercial vehicle, the BAC threshold for STV
drivers over age 21 is generally .08%.
Criminal Penalties for DUI with a Child
Passenger
Similar to DUI law, PA
16-126 establishes graduated penalties for the crime of DUI with a child
passenger, including prison and probation terms; fines; and license suspension
and ignition interlock requirements.
The act increases the penalties for this crime compared to DUI
law by:
1. requiring a mandatory
minimum prison term for first convictions and increasing the mandatory minimum
prison terms for second or subsequent convictions,
2. increasing maximum
prison terms for all convictions,
3. requiring probation
for first convictions and adding to the required components of probation for
all convictions, and
4.
increasing maximum fines for first convictions.
Table 3 shows the criminal penalties for the crime of DUI with
a child passenger. As under DUI law, a subsequent conviction is one that occurs
within 10 years of a prior conviction.
Table 3: Criminal
Penalties, DUI with a Child Passenger
|
Penalty Type
|
DUI
with a Child Passenger
|
|
First
Conviction
|
|
Prison Sentence
|
Up to one year with a mandatory
minimum of 30 days
Probation required, including (1) 100
hours of community service; (2) submitting to an assessment of the degree of
the person's alcohol or drug abuse, conducted by the Court Support Services
Division (CSSD); (3) undergoing a treatment program, including chemical
screening, if ordered by the court; (4) submitting to a Department of
Children and Families (DCF) interview and evaluation to assess any ongoing
risk the person poses to the child passenger; and (5) cooperating with any
programming, treatment, directives, or plan that DCF may require
|
|
Fine
|
$500- $2,000
|
|
License Suspension
|
Same as the DUI law (see Table 1)
|
|
Second
Conviction
|
|
Prison Sentence
|
Up to three years, with a mandatory
minimum of 180 consecutive days
Probation required, with the same conditions
as for a first conviction (see above)
|
|
Fine
|
$1,000- $4,000
|
|
License Suspension
|
Same as the DUI law (see Table 1),
except during first year of travel with ignition interlock device, the act
also allows travel to DCF-ordered treatment programs and appointments with
DCF caseworkers
|
|
Third
Conviction
|
|
Prison Sentence
|
Up to five years, with mandatory
minimum of two years
Probation required, with same
conditions as for a first or second conviction (see above)
|
|
Fine
|
$2,000- $8,000
|
|
License Suspension
|
Same as DUI law (see Table 1)
|
Under PA
16-126, convictions for any such crimes, or the act’s new crimes, are
counted as prior convictions for purposes of DUI or DUI with a child passenger.
It also specifies that a conviction for the separate existing
crime of DUI by a driver under age 21 is counted as a prior conviction for
purposes of the new crime of DUI with a child passenger.
Criminal Penalties for DUI While Driving a School Bus,
STV, or Similar Vehicle
PA
16-126 also creates a separate crime for DUI while driving a school bus,
STV, or other “motor vehicle specially designated for carrying children.” It
defines the last term as any motor vehicle, other than a registered school bus
or STV, designated or used to transport children to or from any program or activity
organized primarily for minors, regardless of whether the passengers are
charged a fee, but not including a passenger vehicle normally used for
personal, family, or household purposes operated by someone without a public
passenger endorsement.
Unlike DUI law, this crime does not have graduated penalties
for multiple convictions. As compared to DUI law, it:
1. requires a mandatory
minimum prison term and probation for first convictions,
2. increases the maximum
prison terms for all convictions, and
3. eliminates minimum
fines while increasing maximum fines.
For all convictions for this crime, the act requires the same
period of license suspension and ignition interlock usage as for second
convictions under DUI law.
Under the act, the mandatory minimum prison term is longer
(120 days) if the offense occurs with a child passenger in the bus or similar
vehicle than if there is not (30 days).
Table 4 describes in detail the criminal penalties for this
crime.
Table 4: Criminal
Penalties, DUI While Driving a School Bus, STV, or Similar Vehicle
|
Penalty Type
|
Penalty
|
|
Prison Sentence
|
One to 10 years, with a mandatory
minimum of (1) 30 consecutive days or (2) 120 consecutive days if a child was
a passenger during the offense
Probation required, including (1) 100
hours of community service; (2) submitting to an assessment of the degree of
the person's alcohol or drug abuse, conducted by CSSD; and (3) undergoing a
treatment program, including chemical screening, if ordered by the court
|
|
Fine
|
Up to $10,000
|
|
License Suspension
|
45 days, followed by three years of
driving only a vehicle equipped with an ignition interlock device, with
operation for the first year limited to travel to or from work, school, an
alcohol or drug abuse treatment program, ignition interlock service center,
or probation appointment
|
PERSISTENT DUI OFFENDERS
(CGS § 53a-40f)
A person is considered a “persistent operating while
under the influence felony offender” if he or she (1) is convicted of 2nd degree
manslaughter with a motor vehicle or 2nd degree assault with a motor
vehicle and (2) within the previous 10 years has been convicted of either of
these offenses, DUI, or substantially similar offenses in
other states.
The court may impose the prison sentence for the
next higher degree of felony for a persistent DUI offender.
Thus, it increases, from 10 years to 20 years, the maximum possible prison term
for a persistent offender convicted of 2nd degree manslaughter with
a motor vehicle and from five years to 10 years the maximum possible sentence
for a persistent offender convicted of 2nd degree assault with a
motor vehicle.
OUT-OF-STATE OFFENSES
By federal and state law, states must record
convictions for certain offenses, including DUI, committed by
nonresidents and report these convictions to the offender's home state for
imposition of penalties. This means that DUI and other
alcohol-related criminal offenses that occur out-of-state, the essential
elements of which the court determines are substantially the same as
Connecticut offenses, constitute a prior offense for determining the imposition
of penalties for second or subsequent offenses in Connecticut. DMV also
generally imposes the license suspension and IID requirements Connecticut law requires
for a second or subsequent offense on someone convicted of DUI in another state
who was convicted of DUI here or in another state within the previous
10 years (CGS § 14-111n).
IMPLIED CONSENT TO TEST AND ADMINISTRATIVE
PER SE LICENSE SUSPENSION (CGS § 14-227b)
Implied Consent
Anyone who drives implicitly consents to the
testing of his or her blood, breath, or urine. If the driver is a minor, his or
her parents or guardians are considered to have given their consent.
On arresting someone for DUI and before
administering the test, the police officer must:
1. inform
the driver of his or her constitutional rights;
2. give
the driver a chance to call a lawyer;
3. inform
the driver that his or her license will be suspended if he or she refuses to
take the test, or if the test results indicate an elevated BAC; and
4. inform
the driver that evidence of a refusal may be used against him or her 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 (at least .08% for non-commercial vehicle
drivers, .04% for commercial vehicle drivers, or .02% for drivers under age
21). In such cases, the police officer, acting on behalf of the DMV
commissioner, must revoke the driver's license for 24 hours and submit a report
to the DMV. The report must include any test results and the grounds the
officer had for making the arrest. In the case of a test refusal, a third party
who witnessed the refusal must sign the report (CGS § 14-227b(c)).
A different procedure applies when someone gives
a blood or urine sample at a police officer's request because these require a
laboratory analysis. In this case, the officer cannot 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 DMV commissioner and submit the
required written report (CGS § 14-227b (d)).
The process followed once the commissioner
receives the police report depends on the driver's circumstances. As long as
the driver either has not (1) previously been suspended for a DUI
conviction within the 10 years preceding the current arrest or (2) been
involved in a fatal accident, the commissioner may suspend his or her
license or nonresident operating privilege
starting on a date not more than 30 days after the person receives notice of
his or her arrest. In the case of someone with a prior DUI
license suspension or who has been involved in a fatal accident, the
commissioner may suspend his or her license or operating privilege on any date
specified in the suspension notice. This can be immediate (CGS § 14-227b (e)).
In either case, the driver is entitled to a DMV
hearing. In the first case (neither fatal accident involvement or prior DUI suspension), this must occur before the suspension goes into
effect, provided the person contacts DMV no later than seven days after DMV
mails the suspension notice. In the latter case (fatal accident involvement or prior
DUI suspension), the hearing can occur after the suspension,
but not more than 30 days after the person contacts DMV to schedule a hearing.
He or she must request the hearing no later than seven days after DMV mails the
suspension notice.
In either case, the issues at the hearing are
limited to whether: (1) the police officer had probable cause to make the
arrest, (2) the driver was arrested, (3) he or she was driving, and (4) he or
she 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 additionally determine whether the sample was obtained according
to the statutory conditions for admissibility and competence as evidence, as
described above.) If the answer to any of the four questions is no, DMV must
return the license to the driver. If the answer to all of the questions is yes,
DMV must suspend the driver's license for 45 days, followed by mandatory IID
use for the periods specified in Table 5.
To get his or her licensed restored, the driver must install
and maintain an IID on each motor vehicle he or she owns or operates, and
cannot operate a vehicle without an IID for the periods specified in Table 5. By
law, a driver must drive IID-equipped vehicles for the longer of the time
periods prescribed by the relevant administrative per se (Table 5) or criminal
DUI statutes (Table 1) (CGS § 14-227b (i) (1)).
The test refusal penalties also apply to someone
who takes the initial test but refuses to take a second chemical test. These provisions
do not apply to someone whose condition makes such tests medically inadvisable.
Table 5:
Required Periods of IID Use after Administrative Per Se License Suspension
|
Per Se
Violation
|
IID
Requirement (After 45-Day License Suspension)
|
|
First
Suspension
|
Second
Suspension
|
Third
or Subsequent Suspension
|
|
Age 21 or older: BAC of (1)
08% or more or (2) 04% or more if operating a commercial vehicle
|
6 months
|
1 year
|
2 years
|
|
Under Age 21: BAC of .02%
or more
|
1 year
|
2 years
|
3 years
|
|
Test refusal, regardless of age
|
1 year
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PRETRIAL
ALCOHOL EDUCATION PROGRAM (CGS § 54-56g)
Someone charged with DUI or,
if under 21, operating a vehicle with a BAC of .02% or more, may apply to the court
for admission to the Pretrial Alcohol Education Program. A driver charged with
DUI is ineligible for the program if, when the incident occurred, he or she (1)
was driving a commercial motor vehicle or (2) held a CDL or CDL instruction
permit (CGS § 54-56g(h)).
Unless good cause is shown, a driver also is ineligible if he or she was
involved in a crash that caused serious physical injury (CGS § 54-56g (a)).
An applicant must pay a $100 application fee and
a $100 nonrefundable evaluation fee, as well as program fees, which vary. The
applicant also must make certain affirmations under oath before the court,
including that he or she has not had the program previously invoked on his or
her behalf within the preceding 10 years. The court must seal the file when the
offender applies for the program.
The court can grant the application after
considering the recommendations of the prosecutor in charge of the case. If the
court grants the application, it must refer the motorist to (1) CSSD for
assessment and confirmation of his or her eligibility and (2) the Department of
Mental Health and Addiction Services (DMHAS) for evaluation. Upon confirmation
of eligibility, the person is referred to DMHAS for placement in either an
appropriate alcohol intervention program for one year, or a state-licensed
substance abuse treatment program.
The court may require, as a condition of
granting the application, that the offender take part in a CSSD-approved victim
impact panel program. The program provider must offer to waive the program's
$75 fee if it determines it would pose an economic hardship.
The court must dismiss the charges if the defendant
satisfactorily completes the assigned program and he or she requests dismissal.
The offender's license suspension remains in
effect while he or she participates in the program, although he or she can wait
to begin the program until the suspension ends.
Program Reinstatement
The law allows reinstatement to the program in
certain cases.
If a program provider informs the court that a
defendant did not successfully complete the assigned program or is no longer
amenable to treatment, the provider must, to the extent practicable, recommend
whether the individual would best be served by (1) a 10-session intervention
program, (2) a 15-session intervention program, or (3) placement in a
state-licensed substance abuse treatment program. The court may order reinstatement
in such a program if the defendant requests it and CSSD verifies he or she is
eligible (CGS § 54-56g(d) & (e)).
However, the court must order the court file
unsealed, enter a plea of not guilty for the defendant, and immediately
schedule the case for trial, if (1) CSSD informs the court that the defendant
is ineligible for the program and the court makes such a finding or (2) the
program provider certifies to the court that the defendant did not successfully
complete the assigned program or is no longer amenable to treatment, and the
defendant does not request, or the court denies, reinstatement (CGS § 54-56g(b)) .
Ineligibility for Certain Court Programs
Among the laws the legislature adopted in 2016
were two public acts affecting eligibility of certain people charged with DUI and
other crimes for court programs that could lead to dismissal of the charges.
Dismissal of Certain Charges for People
under Age 21
PA
16-182 allows a defendant or prosecutor to ask the court to allow eligible
defendants under age 21 charged with certain crimes or motor vehicle violations
to take part in a program that can result in dismissal of the charges. The act
explicitly prohibits people charged with DUI from participating.
Suspension of Prosecution for Drug and
Alcohol Dependent Persons
The law allows a court to suspend prosecution of, and instead
order treatment for, certain people charged with a crime and found to be
alcohol or drug dependent. Successful completion of the treatment may result in
dismissal of the charges (CGS § 17a-697).
PA
16-55 prohibits a court from suspending prosecution and ordering treatment
for people who are alcohol or drug dependent if they were driving a commercial
motor vehicle or held a CDL or commercial driver’s instruction permit when the
driver was charged with (1) DUI, (2) DUI under age 21, (3) 2nd
degree assault with motor vehicle or (4) 2nd degree manslaughter
with a motor vehicle.
RELATED PROVISIONS
Operating While License Suspended For DUI (CGS § 14-215(c))
Anyone who operates a motor vehicle while his or
her license is suspended or revoked for (1) DUI, (2) 2nd
degree manslaughter with a motor vehicle, (3) 2nd degree
assault with a motor vehicle, or (4) refusing to submit to a BAC test or whose
test shows an elevated BAC, is subject to a fine of between $500 and $1,000 and
imprisonment for up to one year. The offense carries a 30-day mandatory prison
sentence unless the court specifies mitigating circumstances.
A driver who operates a motor vehicle while his
or her license is suspended or revoked for a second violation of the above is
subject to a fine of between $500 and $1,000 and imprisonment for up to two
years, 120 days of which cannot be suspended unless the court specifies
mitigating circumstances. A motorist who drives a motor vehicle while his or
her license is suspended or revoked for a third or subsequent violation of the
above is subject to a fine of between $500 and $1,000 and imprisonment for up
to three years, one year of which cannot be suspended unless the court
specifies mitigating circumstances.
The judge must specify the mitigating
circumstances, or lack of them, in writing.
Testing After Accidents involving Death or
Serious Injury (CGS § 14-227c)
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 and
drugs by the chief medical examiner or the DESPP Division of Scientific
Services. A blood or breath sample must be obtained from any surviving driver
whose vehicle is involved in an accident
resulting in the death of or serious physical
injury to another person if (1) a police officer has probable cause to believe
that the driver operated the vehicle while under the influence of alcohol,
drugs, or both, or (2) the driver has been charged in connection with the
accident and the officer has a reasonable suspicion that the driver was under
the influence of alcohol, drugs, or both. Since the law requires the sample to
be tested for drugs as well as alcohol, and breath samples cannot provide
reliable evidence of the presence of drugs, the law, in effect, appears to
require blood samples from surviving operators.
The testing of any such samples must be
performed at the direction of a police officer according to methods and using
equipment approved by DESPP. The person performing the test must be certified
or recertified for this purpose by DESPP or recertified by someone certified as
an instructor by DESPP.
Test equipment must be checked immediately
before and after the test by someone who is DESPP-certified. If a blood test is
performed, the sample must be taken by a physician, a qualified laboratory
technician, a registered nurse, a physician assistant, or a phlebotomist.
Special Operator Permits (CGS § 14-37a)
By law, anyone who has had a driver's license
suspended, except in certain instances, may apply for a special operator permit
that allows him or her to drive for certain work, education, or medical
purposes. The DMV commissioner may condition issuance of a special operator
permit on the driver operating only a vehicle equipped with an ignition
interlock device (CGS § 14-227j (e)).
CDL Holders (CGS § 14-44k)
If someone holding a CDL (required to drive buses,
large trucks, and trucks carrying hazardous materials) is convicted of DUI while driving a commercial or other vehicle, or found to
have either refused to submit to a BAC test or taken and failed the test, he or
she is disqualified from driving a commercial motor vehicle for one year. If an
offense involves driving a vehicle transporting hazardous materials requiring
placards under federal law, the disqualification is for three years (CGS § 14-44k(b), (c)
& (d)).
The disqualification applies for (1) any BAC
test refusal, regardless of the type of motor vehicle he or she was driving;
(2) a BAC result of .04% or more while driving a commercial motor vehicle or
.08% or more while driving any other motor vehicle; or (3) a conviction of
operating any vehicle while under the influence of alcohol, drugs, or both.
The disqualification periods apply to
convictions in another state if the commissioner believes the offenses in those
states are similar to those under Connecticut's DUI or administrative per se
and implied consent law.
CDL holders who commit two or more of certain
offenses, including DUI, are disqualified for life from
driving a commercial motor vehicle. But most CDL holders disqualified for life
may apply for reinstatement after 10 years. To be considered for
reinstatement, such an individual must, among other things, voluntarily enroll
in, and successfully complete, (1) a substance abuse treatment program
established and operated by DMHAS, (2) a program operated through a licensed
substance abuse treatment facility, or (3) an equivalent program offered in
another state (CGS § 14-44k(h)).
Second Degree Manslaughter with a Motor
Vehicle (CGS § 53a-56b)
A person commits the crime of 2nd
degree manslaughter with a motor vehicle when, while operating a motor vehicle
under the influence of alcohol or any drug, he or she 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, a fine of up to $10,000, or both.
The operator's driver's license is suspended for one year and he or she can
only operate vehicles equipped with an ignition interlock device for two years
after completing the suspension period.
Second Degree Assault with a Motor Vehicle (CGS
§ 53a-60d)
A person commits the crime of 2nd
degree assault with a motor vehicle, when, while operating a motor vehicle
under the influence of alcohol or drugs, he or she causes serious physical
injury to another person as a consequence of the effect of alcohol or drugs.
The penalty is a prison term of up to five years, a fine of up to $5,000, or
both. The operator's driver's license is suspended for one year and he or she
can only operate vehicles equipped with an ignition interlock device for two
years after completing the suspension period.
By law, a “serious physical injury” is one that
creates a substantial risk of death, or causes serious (1) disfigurement, (2)
impairment of health, or (3) loss or impairment of the function of any bodily
organ (CGS § 53a-3(4)).
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