OLR Report 2014-R-0251 describes Connecticut laws on driving under the influence (DUI) and related offenses? This report updates OLR Report 2012-R-0279.
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.
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 in the report). 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.) Starting July 1, 2015, the law reduces the license suspension period to 45 days for all per se violations and requires people to drive only ignition interlock equipped vehicles for specified periods after this suspension ends (see Table 4 in the report).
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).
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.
