OLR Report 2012-R-0279 describes Connecticut laws on driving under the influence (DUI) and related offenses.
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 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.
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.)
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 laws specify evidence admissibility criteria for alcohol and drug tests. They establish criminal penalties and driver's license suspension penalties for violations.
Connecticut law also 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).
Criminal penalties for DUI include fines, prison terms, and license suspensions (see Table 1, below). By law, the Department of Motor Vehicles (DMV) must impose 45-day license suspensions for drivers age 21 or older convicted of DUI. Once their licenses are reinstated, these offenders can drive only vehicles equipped with ignition interlock devices for specified periods of time.
First-time offenders can drive only interlock-equipped vehicles for one year after their license suspension ends; second-time offenders can drive only these vehicles for three years following a suspension. The law additionally requires second-time offenders, during the first year of the three-year interlock period, to drive these vehicles only to (1) work, (2) school, (3) a drug or alcohol treatment program, or (4) an interlock service center.
DMV must revoke the license of a driver convicted of DUI for a third time. By law, until January 1, 2013, a third-time offender may seek restoration of his or her license after six years. Once restored, he or she must drive only interlock-equipped vehicles for 10 years. Starting January 1, 2013, however, the law allows the (1) offender to seek restoration of his or her license after two years and (2) commissioner to restore it on the condition that the driver operate only interlock-equipped vehicles for as long as he or she drives. (After 15 years of driving these vehicles, the offender may ask that this condition be lifted, and the commissioner may do so after a hearing and for good cause.)
The law also requires use of an ignition interlock device 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 ignition interlock devices 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 license was under suspension or revoked. The owner may reclaim the vehicle after paying towing and storage costs (CGS § 14-227h).
In addition, people found to be “persistent operating under the influence felony offenders” are subject to an increased criminal penalty.
For more information, read the full report.
