CONNECTICUT DUI LAW (2024)

issue

This report updates OLR Report 2014-R-0251 on driving under the influence (DUI) laws and related offenses. It doesnot address boating-related DUI laws.

SUMMARY

Connecticut's DUI law consistsprimarily of two statutes, CGS §§ 14-227a and -227b. The first prohibits a person from driving (1) while “under theinfluence” 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 isaffected to an appreciable degree. The maximum allowable BAC depends on thedriver's age and the type of vehicle he or she is operating.

Drivers over age 21 have an elevated BAC if itis 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 anelevated BAC if it is found to be .02% or more. The law specifies evidenceadmissibility criteria for alcohol and drug tests.

Connecticut law provides for a Pretrial AlcoholEducation Program under which certain eligible offenders charged with DUI may successfully complete an alcohol intervention orsubstance abuse treatment program, as appropriate, and have the DUIcharges dismissed (CGS § 54-56g).

All drivers convicted of DUI face fines andprison terms. In addition, penalties for first- andsecond-time offenders include a 45-day license suspension and ignitioninterlock restrictions. Third-time and subsequent offenders face licenserevocation and ignition interlock restrictions if a license is eventuallyreinstated (see Table 1, below). An ignition interlock device (IID) prevents adriver from operating a vehicle if his or her BAC is above a certain threshold.

Under the second statute, CGS § 14-227b, motorists implicitly consent tobe tested for drugs or alcohol when they drive. The law establishesadministrative license suspension procedures for drivers who refuse to submitto a test or whose test results indicate an elevated BAC. (These provisions arecalled “implied consent” and “administrative per se,” respectively.) Thelicense suspension period for all per se violations is 45 days. Drivers mustoperate only ignition interlock equipped vehicles for specified periods afterthis suspension ends (see Table 5, below).

The law also requires use of an IID for twoyears following the mandatory one-year license suspension following convictionfor 2^nd degree manslaughter with a motor vehicle (CGS § 53a-56b) or 2^nd degree assaultwith a motor vehicle (CGS § 53a-60d). These crimes apply to driverswho cause the death or serious injury of another person, respectively, whileunder the influence of alcohol or drugs. The court may also order an individualarrested for DUI, 2^nd degree manslaughter with amotor vehicle, or 2^nd degree assault with a motor vehicle to operateonly 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 thePretrial 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 oneyear if he or she is found to have: (1) a BAC of .04% or more while driving acommercial vehicle, (2) a BAC of .08% or more while driving any other type ofvehicle, (3) refused a BAC test when driving any motor vehicle, or (4) beenconvicted of DUI. CDL holders who commit two or more ofcertain offenses, including DUI, face a lifetime ban ondriving commercial motor vehicles, but may get their license back if they meetcertain conditions.

Police must impound for 48 hours the motorvehicle of someone arrested for DUI who was driving while hisor her license was suspended or revoked. The owner may reclaim the vehicleafter paying towing and storage costs (CGS § 14-227h).

PA16-126 increases the criminal penalties for DUI (1) with a passenger underage 18 or (2) when driving a school bus, student transportation vehicle (STV),or other motor vehicle specially designated for carrying children, regardlessof whether a passenger under age 18 is present. The act imposes longermandatory minimum and maximum prison terms and mandatory probation for firstoffenses; subjects people charged with these crimes to the administrative perse procedure; and generally applies to people charged with these crimes thesame restrictions and requirements that apply to people convicted of DUI.

In addition, people found to be “persistentoperating while under the influence felony offenders” are subject to anincreased criminal penalty.

Driving While Under the Influence of Alcoholor Drugs (CGS § 14-227a)

Driving Under the Influence or with anElevated BAC

The law prohibits driving (1) while under theinfluence 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 byalcohol or drugs to an appreciable degree (Infeld v. Sullivan, 151 Conn.506 (1964)). This may be prosecuted with or without any direct evidence of hisor her BAC.

A person has an elevated blood alcohol contentif his or her BAC is at least .08% alcohol by weight. The law also makes itillegal for someone driving a commercial motor vehicle to have a BAC of .04% ormore and for anyone under age 21 to drive with a BAC of .02% or more.

The DUI law applies to driversoperating motor vehicles anywhere, including their own property, and to peopleoperating snowmobiles and all-terrain vehicles (CGS § 14-227a(a)).

Before dismissing, declining to prosecute, orreducing a DUI charge, a prosecutor must state the reasonsfor doing so in court (CGS § 14-227a(f)).

BAC Tests

A police officer may measure a motorist's BAC bytesting the driver's blood, breath, or urine. The law establishes a rebuttablepresumption that a driver's BAC at the time it is tested is the same as the BACat the time he or she was stopped. The law requires two tests at least 10minutes apart. If the result of the second test is .10% or less, and higherthan the first test, the prosecution must demonstrate that the test results andanalysis accurately reflect the driver's BAC at the time of the alleged offense(CGS § 14-227a(b)).

Admissibility of Evidence for UninjuredDrivers

The standard for determining whether evidence isadmissible depends on whether the driver was injured.

In order for the test results of an uninjureddriver to be admissible:

1. thedriver must have (a) been given a reasonable chance to call a lawyer beforetaking the test and (b) consented to taking it;

2. acopy of the test results must be mailed or personally delivered to the driverwithin 24 hours or at the end of the next business day after the results areknown;

3. thetest must be administered by a police officer or at the officer's direction;

4. thetest must be administered using methods and equipment approved by theDepartment of Emergency Services and Public Protection (DESPP) and according toDESPP regulations;

5. thetest equipment must have been checked for accuracy according to DESPPregulations;

6. asecond test of the same type generally must be administered at least 10 minutesafter the first test is conducted (unless the second test is to detect thepresence of drugs, in which case it can be of a different type and does nothave to be administered within that time frame); and

7. thetest must have begun within two hours of operation (presumably the time of thealleged offense) (CGS § 14-227a(b)).

The DESPP commissioner must determine thereliability of each method and type of device used to test blood, breath, andurine, and certify those suitable for use in Connecticut. He must adoptregulations governing the conduct of tests; the operation and use of testdevices; the training and certification of test operators; and the drawing orobtaining of blood, breath, and urine samples (CGS § 14-227a(d)).

Evidence that a driver refused to submit to atest is admissible if the procedural requirements of CGS § 14-227b (described below) are followed. Attrial, the court must instruct the jury as to what inferences it can and cannotdraw from a refusal (CGS § 14-227a(e)).

Admissibility of Evidence for Samples Takenfrom Apparently Injured Drivers Requiring Medical Treatment

A different set of admissibility standardsapplies to blood or urine samples taken from an injured driver in the course ofhis or her medical treatment. Results of a chemical analysis of the sample arecompetent evidence to establish probable cause for the person's arrest bywarrant and are admissible in a subsequent prosecution if:

1. thesample was taken for the diagnosis and treatment of the injury;

2. ofa blood sample, it was taken in accordance with DESPP regulations;

3. apolice officer satisfies a Superior Court judge that (a) he or she had reasonto 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. thejudge issues a search warrant authorizing the seizure of the test results. Thewarrant may also authorize the seizure of hospital medical records prepared inconnection with the diagnosis or treatment of the injury (CGS § 14-227a(k)).

Penalties

A person convicted of DUI issubject to the criminal penalties listed in Table 1. In assessing thesepenalties, the law considers a subsequent conviction one that occurs within 10years of a prior conviction for the same offense (CGS § 14-227a (g)).

In practice, however, the first conviction of adriver for DUI is usually for the driver's second violationbecause a first offender charged with DUI may apply to thecourt for admission to the Pretrial Alcohol Education Program (see below). Theapplicant must state under oath that he or she has not been in the program inthe preceding 10 years. The court must dismiss the DUIcharges if the driver satisfactorily completes the program.

Table 1: DUICriminal Penalties (CGS § 14-227a (g))

purposes of determining someone's prior criminalhistory (CGS § 14-227a(g)). By law, the Department ofMotor Vehicles (DMV) may impose IID requirements as well as license suspensionsfor second or subsequent convictions (CGS § 14-111n (d)).

Victim Panel. If the courtsentences someone to probation, it may require as a condition that the offendertake part in a victim impact panel program approved by the judicial branch'sCourt Support Services Division (CSSD). The panel must provide anon-confrontational forum for victims of alcohol- or drug-related offenses andoffenders to share experiences on the impact of alcohol- or drug-relatedincidents on their lives. The nonprofit organization that conducts the panelmay charge an offender ordered to participate a fee of up to $75 (CGS § 14-227a(l)).

Assessment and Treatment. Forsecond or subsequent DUI convictions, the law requires anoffender 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) commissionerto release an inmate sentenced for DUI, after admission andconducting a risk and needs assessment, to the inmate's home. The releasedoffender cannot leave his or her home without authorization, remains in DOCcustody, and is supervised by DOC employees. The DOC commissioner can revokethe 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-olddrivers cited for either driving under the influence of alcohol or drugs orwith 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 thedriver's license for 48 hours and have the vehicle removed. The license isconsidered suspended for 48 hours, starting when the arrest is made or thesummons issued.

To regain the license, the 16- or 17-year-oldand, unless he or she is an emancipated minor, his or her parent or legalguardian, must, after the 48-hour period ends, appear in person at the policedepartment, state police barracks, or other designated location and sign awritten acknowledgement of its return. No restoration fee may be charged forreturn of the license. The police officer who seized the license must send awritten 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 inmotor vehicles to prevent people from driving under the influence of alcohol.They require the driver to breathe into them to operate the vehicle. If thedevice detects a BAC above a certain threshold it prevents the vehicle frombeing started. IIDs also require the driver to submit periodic breath sampleswhile he or she is driving. Offenders must pay DMV a $100 fee before the deviceis 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 – CriminalConvictions

The following interlock restrictions apply oncethe license suspension periods described above end. (However, the commissioner mayextend, through regulations he adopts, periods of required interlock use beyondthose 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 threeyears.

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) anignition interlock service center, or (5) probation appointment. Thecommissioner must note this restriction on the driver's electronic records(license and driving history) as he does for other ignition interlockrequirements.

First- and second-time offenders must verify tothe commissioner, in a manner he determines, that they have had the interlockdevices installed (CGS § 14-227a(i)).

Third-Timeand Subsequent DUI Offenders. The law requires DMV to revoke the license ofthird-time and subsequent offenders, although it allows the offender to requestthat DMV restore the license after two years. The commissioner may restore thelicense if (1) doing so does not endanger public safety, (2) the individual hasmet certain requirements (including completing an alcohol and drug educationprogram, see below), and (3) the offender will drive only vehicles

equipped with IIDs for as long as he or shecontinues to drive. But the law also allows an offender to ask the commissionerto lift the interlock requirement after 15 years, and allows the commissionerto do so after a hearing and for good cause (CGS § 14-111(i)).

Sentence Re-imposition

The law requires the commissioner to reinstatethe original license suspension on someone who fails to use an IID as requireduntil the person demonstrates to the commissioner’s satisfaction that he or sheintends to install and maintain the IID for the required period. Thecommissioner must adopt regulations specifying (1) which actions constitute afailure to comply with the requirements, (2) which of these actions will resultin DMV increasing the length of time the individual must drive onlyinterlock-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 2^nddegree manslaughter with a motor vehicle or 2^nd degree assault witha motor vehicle to operate ignition interlock-equipped motor vehicles for twoyears following a mandatory one-year license suspension (CGS §§ 53a-56b and -60d). A court also may order anyone arrestedfor these crimes to only operate motor vehicles equipped with ignitioninterlock devices as a condition of (1) release on bail, (2) probation, or (3)granting his or her application to participate in the Pretrial AlcoholEducation Program (CGS § 14-227j(b)).

Penalties for Evading Ignition InterlockRestrictions

People under a court or DMV order for ignitioninterlock use face criminal penalties for evading those restrictions. Anyonewho asks another person to breathe into an interlock to start a vehicle ortampers 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, orboth (CGS § 14-227k(c)).

People who illegally drive a vehicle (1) notequipped with a functioning interlock or (2) that a court has prohibited themfrom driving, face stiffer penalties, as described in Table 2, below.

Table 2: Criminal Penalties forIllegally Driving a Vehicle without an Interlock

*Thecourt is not required to impose the mandatory minimum sentence if it statesmitigating circ*mstances in writing.

By law, DMV must also suspend for one year thelicense or nonresident operating privilege of anyone convicted of any of theabove offenses (CGS § 14-227k(d)).

A driver is ineligible to operate a motorvehicle with an ignition interlock if his or her license was suspended for anyreason other than conviction of (1) DUI, (2) 2^nd degreemanslaughter with a motor vehicle, or (3) 2^nd degree assault with amotor vehicle (CGS § 14-227a(i)).

DUI with a passenger under age 18 (CHILDpassenger) or when driving a school bus or similar vehicle (PA 16-126)

PA16-126, effective October 1, 2016, establishes specific crimes for (1) DUIwith a child passenger in any motor vehicle (including a snowmobile orall-terrain vehicle) and (2) DUI when driving a school bus, STV, or other motorvehicle specially designated for carrying children, with or without a childpassenger. As under DUI law:

1. these crimes apply ifsomeone is driving while under the influence of alcohol or drugs or with anelevated BAC and

2. the threshold for anelevated BAC is .08% for most drivers over age 21, .04% for drivers over age 21if operating a commercial vehicle, and .02% for drivers younger than 21.

Because a CDL is required to drive a school bus, the BACthreshold for such drivers over age 21 is .04%. Because an STV is notnecessarily classified as a commercial vehicle, the BAC threshold for STVdrivers over age 21 is generally .08%.

Criminal Penalties for DUI with a ChildPassenger

Similar to DUI law, PA16-126 establishes graduated penalties for the crime of DUI with a childpassenger, including prison and probation terms; fines; and license suspensionand ignition interlock requirements.

The act increases the penalties for this crime compared to DUIlaw by:

1. requiring a mandatoryminimum prison term for first convictions and increasing the mandatory minimumprison terms for second or subsequent convictions,

2. increasing maximumprison terms for all convictions,

3. requiring probationfor first convictions and adding to the required components of probation forall convictions, and

4.increasing maximum fines for first convictions.

Table 3 shows the criminal penalties for the crime of DUI witha child passenger. As under DUI law, a subsequent conviction is one that occurswithin 10 years of a prior conviction.

Table 3: CriminalPenalties, DUI with a Child Passenger

Under PA16-126, convictions for any such crimes, or the act’s new crimes, arecounted as prior convictions for purposes of DUI or DUI with a child passenger.

It also specifies that a conviction for the separate existingcrime of DUI by a driver under age 21 is counted as a prior conviction forpurposes of the new crime of DUI with a child passenger.

Criminal Penalties for DUI While Driving a School Bus,STV, or Similar Vehicle

PA16-126 also creates a separate crime for DUI while driving a school bus,STV, or other “motor vehicle specially designated for carrying children.” Itdefines the last term as any motor vehicle, other than a registered school busor STV, designated or used to transport children to or from any program or activityorganized primarily for minors, regardless of whether the passengers arecharged a fee, but not including a passenger vehicle normally used forpersonal, family, or household purposes operated by someone without a publicpassenger endorsem*nt.

Unlike DUI law, this crime does not have graduated penaltiesfor multiple convictions. As compared to DUI law, it:

1. requires a mandatoryminimum prison term and probation for first convictions,

2. increases the maximumprison terms for all convictions, and

3. eliminates minimumfines while increasing maximum fines.

For all convictions for this crime, the act requires the sameperiod of license suspension and ignition interlock usage as for secondconvictions 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 similarvehicle than if there is not (30 days).

Table 4 describes in detail the criminal penalties for thiscrime.

Table 4: CriminalPenalties, DUI While Driving a School Bus, STV, or Similar Vehicle

PERSISTENT DUI OFFENDERS(CGS § 53a-40f)

A person is considered a “persistent operating whileunder the influence felony offender” if he or she (1) is convicted of 2^nd degreemanslaughter with a motor vehicle or 2^nd degree assault with a motorvehicle and (2) within the previous 10 years has been convicted of either ofthese offenses, DUI, or substantially similar offenses inother states.

The court may impose the prison sentence for thenext higher degree of felony for a persistent DUI offender.Thus, it increases, from 10 years to 20 years, the maximum possible prison termfor a persistent offender convicted of 2^nd degree manslaughter witha motor vehicle and from five years to 10 years the maximum possible sentencefor a persistent offender convicted of 2^nd degree assault with amotor vehicle.

OUT-OF-STATE OFFENSES

By federal and state law, states must recordconvictions for certain offenses, including DUI, committed bynonresidents and report these convictions to the offender's home state forimposition of penalties. This means that DUI and otheralcohol-related criminal offenses that occur out-of-state, the essentialelements of which the court determines are substantially the same asConnecticut offenses, constitute a prior offense for determining the impositionof penalties for second or subsequent offenses in Connecticut. DMV alsogenerally imposes the license suspension and IID requirements Connecticut law requiresfor a second or subsequent offense on someone convicted of DUI in another statewho was convicted of DUI here or in another state within the previous10 years (CGS § 14-111n).

IMPLIED CONSENT TO TEST AND ADMINISTRATIVEPER SE LICENSE SUSPENSION (CGS § 14-227b)

Implied Consent

Anyone who drives implicitly consents to thetesting of his or her blood, breath, or urine. If the driver is a minor, his orher parents or guardians are considered to have given their consent.

On arresting someone for DUI and beforeadministering the test, the police officer must:

1. informthe driver of his or her constitutional rights;

2. givethe driver a chance to call a lawyer;

3. informthe driver that his or her license will be suspended if he or she refuses totake the test, or if the test results indicate an elevated BAC; and

4. informthe driver that evidence of a refusal may be used against him or her in acriminal prosecution.

Administrative Per Se

This law requires an administrative licensesuspension process for drivers who refuse to submit to the test or whose testresults indicate an elevated BAC (at least .08% for non-commercial vehicledrivers, .04% for commercial vehicle drivers, or .02% for drivers under age21). In such cases, the police officer, acting on behalf of the DMVcommissioner, must revoke the driver's license for 24 hours and submit a reportto the DMV. The report must include any test results and the grounds theofficer had for making the arrest. In the case of a test refusal, a third partywho witnessed the refusal must sign the report (CGS § 14-227b(c)).

A different procedure applies when someone givesa blood or urine sample at a police officer's request because these require alaboratory analysis. In this case, the officer cannot immediately takepossession of the person's license or follow the other procedural requirementsof the per se law. Instead, immediately upon receiving test results showing anelevated BAC, the officer must notify the DMV commissioner and submit therequired written report (CGS § 14-227b (d)).

The process followed once the commissionerreceives the police report depends on the driver's circ*mstances. As long asthe driver either has not (1) previously been suspended for a DUIconviction within the 10 years preceding the current arrest or (2) beeninvolved in a fatal accident, the commissioner may suspend his or her

license or nonresident operating privilegestarting on a date not more than 30 days after the person receives notice ofhis or her arrest. In the case of someone with a prior DUIlicense suspension or who has been involved in a fatal accident, thecommissioner may suspend his or her license or operating privilege on any datespecified in the suspension notice. This can be immediate (CGS § 14-227b (e)).

In either case, the driver is entitled to a DMVhearing. In the first case (neither fatal accident involvement or prior DUI suspension), this must occur before the suspension goes intoeffect, provided the person contacts DMV no later than seven days after DMVmails the suspension notice. In the latter case (fatal accident involvement or priorDUI 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 thesuspension notice.

In either case, the issues at the hearing arelimited to whether: (1) the police officer had probable cause to make thearrest, (2) the driver was arrested, (3) he or she was driving, and (4) he orshe refused the test or had an elevated BAC. (In the case of test resultsobtained from a blood sample taken from an apparently injured driver, thehearing must additionally determine whether the sample was obtained accordingto the statutory conditions for admissibility and competence as evidence, asdescribed above.) If the answer to any of the four questions is no, DMV mustreturn 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 IIDuse for the periods specified in Table 5.

To get his or her licensed restored, the driver must installand maintain an IID on each motor vehicle he or she owns or operates, andcannot operate a vehicle without an IID for the periods specified in Table 5. Bylaw, a driver must drive IID-equipped vehicles for the longer of the timeperiods prescribed by the relevant administrative per se (Table 5) or criminalDUI statutes (Table 1) (CGS § 14-227b (i) (1)).

The test refusal penalties also apply to someonewho takes the initial test but refuses to take a second chemical test. These provisionsdo not apply to someone whose condition makes such tests medically inadvisable.

Table 5:Required Periods of IID Use after Administrative Per Se License Suspension

PRETRIALALCOHOL 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 courtfor admission to the Pretrial Alcohol Education Program. A driver charged withDUI 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 instructionpermit (CGS § 54-56g(h)).Unless good cause is shown, a driver also is ineligible if he or she wasinvolved in a crash that caused serious physical injury (CGS § 54-56g (a)).

An applicant must pay a $100 application fee anda $100 nonrefundable evaluation fee, as well as program fees, which vary. Theapplicant also must make certain affirmations under oath before the court,including that he or she has not had the program previously invoked on his orher behalf within the preceding 10 years. The court must seal the file when theoffender applies for the program.

The court can grant the application afterconsidering the recommendations of the prosecutor in charge of the case. If thecourt grants the application, it must refer the motorist to (1) CSSD forassessment and confirmation of his or her eligibility and (2) the Department ofMental Health and Addiction Services (DMHAS) for evaluation. Upon confirmationof eligibility, the person is referred to DMHAS for placement in either anappropriate alcohol intervention program for one year, or a state-licensedsubstance abuse treatment program.

The court may require, as a condition ofgranting the application, that the offender take part in a CSSD-approved victimimpact 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 defendantsatisfactorily completes the assigned program and he or she requests dismissal.

The offender's license suspension remains ineffect while he or she participates in the program, although he or she can waitto begin the program until the suspension ends.

Program Reinstatement

The law allows reinstatement to the program incertain cases.

If a program provider informs the court that adefendant did not successfully complete the assigned program or is no longeramenable to treatment, the provider must, to the extent practicable, recommendwhether the individual would best be served by (1) a 10-session interventionprogram, (2) a 15-session intervention program, or (3) placement in astate-licensed substance abuse treatment program. The court may order reinstatementin such a program if the defendant requests it and CSSD verifies he or she iseligible (CGS § 54-56g(d) & (e)).

However, the court must order the court fileunsealed, enter a plea of not guilty for the defendant, and immediatelyschedule the case for trial, if (1) CSSD informs the court that the defendantis ineligible for the program and the court makes such a finding or (2) theprogram provider certifies to the court that the defendant did not successfullycomplete the assigned program or is no longer amenable to treatment, and thedefendant does not request, or the court denies, reinstatement (CGS § 54-56g(b)) .

Ineligibility for Certain Court Programs

Among the laws the legislature adopted in 2016were two public acts affecting eligibility of certain people charged with DUI andother crimes for court programs that could lead to dismissal of the charges.

Dismissal of Certain Charges for Peopleunder Age 21

PA16-182 allows a defendant or prosecutor to ask the court to allow eligibledefendants under age 21 charged with certain crimes or motor vehicle violationsto take part in a program that can result in dismissal of the charges. The actexplicitly prohibits people charged with DUI from participating.

Suspension of Prosecution for Drug andAlcohol Dependent Persons

The law allows a court to suspend prosecution of, and insteadorder treatment for, certain people charged with a crime and found to bealcohol or drug dependent. Successful completion of the treatment may result indismissal of the charges (CGS § 17a-697).

PA16-55 prohibits a court from suspending prosecution and ordering treatmentfor people who are alcohol or drug dependent if they were driving a commercialmotor vehicle or held a CDL or commercial driver’s instruction permit when thedriver was charged with (1) DUI, (2) DUI under age 21, (3) 2^nddegree assault with motor vehicle or (4) 2^nd degree manslaughterwith a motor vehicle.

RELATED PROVISIONS

Operating While License Suspended For DUI (CGS § 14-215(c))

Anyone who operates a motor vehicle while his orher license is suspended or revoked for (1) DUI, (2) 2^nddegree manslaughter with a motor vehicle, (3) 2^nd degreeassault with a motor vehicle, or (4) refusing to submit to a BAC test or whosetest shows an elevated BAC, is subject to a fine of between $500 and $1,000 andimprisonment for up to one year. The offense carries a 30-day mandatory prisonsentence unless the court specifies mitigating circ*mstances.

A driver who operates a motor vehicle while hisor her license is suspended or revoked for a second violation of the above issubject to a fine of between $500 and $1,000 and imprisonment for up to twoyears, 120 days of which cannot be suspended unless the court specifiesmitigating circ*mstances. A motorist who drives a motor vehicle while his orher license is suspended or revoked for a third or subsequent violation of theabove is subject to a fine of between $500 and $1,000 and imprisonment for upto three years, one year of which cannot be suspended unless the courtspecifies mitigating circ*mstances.

The judge must specify the mitigatingcirc*mstances, or lack of them, in writing.

Testing After Accidents involving Death orSerious Injury (CGS § 14-227c)

The chief medical examiner and other specifiedofficials must include in any investigation of a fatal motor vehicle accident ablood sample from any driver or pedestrian who dies in the accident. Thesesamples must be examined for the presence and concentration of alcohol anddrugs by the chief medical examiner or the DESPP Division of ScientificServices. A blood or breath sample must be obtained from any surviving driverwhose vehicle is involved in an accident

resulting in the death of or serious physicalinjury to another person if (1) a police officer has probable cause to believethat the driver operated the vehicle while under the influence of alcohol,drugs, or both, or (2) the driver has been charged in connection with theaccident and the officer has a reasonable suspicion that the driver was underthe influence of alcohol, drugs, or both. Since the law requires the sample tobe tested for drugs as well as alcohol, and breath samples cannot providereliable evidence of the presence of drugs, the law, in effect, appears torequire blood samples from surviving operators.

The testing of any such samples must beperformed at the direction of a police officer according to methods and usingequipment approved by DESPP. The person performing the test must be certifiedor recertified for this purpose by DESPP or recertified by someone certified asan instructor by DESPP.

Test equipment must be checked immediatelybefore and after the test by someone who is DESPP-certified. If a blood test isperformed, the sample must be taken by a physician, a qualified laboratorytechnician, a registered nurse, a physician assistant, or a phlebotomist.

Special Operator Permits (CGS § 14-37a)

By law, anyone who has had a driver's licensesuspended, except in certain instances, may apply for a special operator permitthat allows him or her to drive for certain work, education, or medicalpurposes. The DMV commissioner may condition issuance of a special operatorpermit on the driver operating only a vehicle equipped with an ignitioninterlock 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 tohave either refused to submit to a BAC test or taken and failed the test, he orshe is disqualified from driving a commercial motor vehicle for one year. If anoffense involves driving a vehicle transporting hazardous materials requiringplacards under federal law, the disqualification is for three years (CGS § 14-44k(b), (c)& (d)).

The disqualification applies for (1) any BACtest 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 ofoperating any vehicle while under the influence of alcohol, drugs, or both.

The disqualification periods apply toconvictions in another state if the commissioner believes the offenses in thosestates are similar to those under Connecticut's DUI or administrative per seand implied consent law.

CDL holders who commit two or more of certainoffenses, including DUI, are disqualified for life fromdriving a commercial motor vehicle. But most CDL holders disqualified for lifemay apply for reinstatement after 10 years. To be considered forreinstatement, such an individual must, among other things, voluntarily enrollin, and successfully complete, (1) a substance abuse treatment programestablished and operated by DMHAS, (2) a program operated through a licensedsubstance abuse treatment facility, or (3) an equivalent program offered inanother state (CGS § 14-44k(h)).

Second Degree Manslaughter with a MotorVehicle (CGS § 53a-56b)

A person commits the crime of 2^nddegree manslaughter with a motor vehicle when, while operating a motor vehicleunder the influence of alcohol or any drug, he or she causes the death ofanother person as a consequence of the effect of the alcohol or drugs. Thepenalty 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 canonly operate vehicles equipped with an ignition interlock device for two yearsafter completing the suspension period.

Second Degree Assault with a Motor Vehicle (CGS§ 53a-60d)

A person commits the crime of 2^nddegree assault with a motor vehicle, when, while operating a motor vehicleunder the influence of alcohol or drugs, he or she causes serious physicalinjury 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, orboth. The operator's driver's license is suspended for one year and he or shecan only operate vehicles equipped with an ignition interlock device for twoyears after completing the suspension period.

By law, a “serious physical injury” is one thatcreates a substantial risk of death, or causes serious (1) disfigurement, (2)impairment of health, or (3) loss or impairment of the function of any bodilyorgan (CGS § 53a-3(4)).

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