The State of Connecticut's DUI laws
are very similar to the DUI laws of other states
in that they make it unlawful for drivers to
operate a motor vehicle with blood alcohol
content (BAC) of 0.08 percent or
above. The BAC limit is substantially
lower, however, for drivers under the age of 21
or those operating a commercial vehicle.
Specifically, Connecticut DUI laws prohibit the
following:
- Drivers under the age
of 21 operating a motor vehicle with BAC
of 0.02 or higher;
- Drivers 21 or older
operating a motor vehicle with BAC of
0.08 or higher;
- Drivers with
commercial driver license operating a
vehicle with BAC of 0.08 or higher; and
- Drivers operating a
vehicle while under the influence of
intoxicating liquor or any other drugs,
or both alcohol and drugs.
Penalties
for DUI convictions in Connecticut include, but
are not limited to, the following:
First
DUI Conviction
- For a first DUI
conviction in Connecticut, drivers may be
sentenced to jail for 48 hours to 6
months and may be fined from $500 to
$1000. In addition, drivers will
face suspension of their driver license
for up to a year and will be required to
complete a substance treatment program
that costs extra money. Drivers may
also be required to complete up to 100
hours of community service in lieu of
jail time. Finally, the vehicle of
those arrested for DUI will be impounded
for 48 hours and the drivers will be
required to pay fees in order to obtain
possession of their vehicle.
Second
DUI Conviction
- For a second DUI
conviction in Connecticut, drivers may be
sentenced to jail for 120 days minimum to
2 years and may be fined from $1000 to
$4000. In addition, drivers will
face suspension of their driver license
for up to a year and will be required to
complete a substance treatment program
that costs extra money. Drivers may
also be required to complete up to 100
hours of community service in lieu of
jail time. Drivers will also be
required to install an Ignition Interlock Device for 2 years after
reinstatement of the driver
license. Finally, the vehicle of
those arrested for DUI will be impounded
for 48 hours and the drivers will be
required to pay fees in order to obtain
possession of their vehicle.
Third
DUI Conviction
- For a third DUI
conviction in Connecticut, drivers may be
sentenced to jail for 1 year minimum and
up to 3 years and may be fined from $2000
to $8000. In addition, those
convicted of a third DUI will face permanent
suspension of their drivers license;
however, drivers may request a hearing on
reinstatement of the drivers license
after 6 years. Drivers may also be
required to complete up to 100 hours of
community service.
Implied
Consent Laws of Connecticut
Under the
implied consent law of Connecticut, drivers
holding a drivers license issued by the State
agree to submit to a chemical test of their
blood, breath or urine and a refusal to submit to
such testing subjects the drivers to penalties
similar to those for a DUI conviction.
DUI Statute:
§ 14-227a
General
Statutes
TITLE 14 Motor Vehicles. Use of the Highway by
Vehicles. Gasoline
Chapter 248 Vehicle Highway Use
14-227a.
Operation while under the influence of liquor or
drug or while having an elevated blood alcohol
content
- Operation
while under the influence or while having
an elevated blood alcohol content.
No person shall operate a motor vehicle
while under the influence of intoxicating
liquor or any drug or both. A person
commits the offense of operating a motor
vehicle while under the influence of
intoxicating liquor or any drug or both
if such person operates a motor vehicle
- while
under the influence of
intoxicating liquor or any drug
or both, or
- while
such person has an elevated blood
alcohol content. For the purposes
of this section,
âelevated blood
alcohol contentâ
means a ratio of alcohol in the
blood of such person that is
eight-hundredths of one per cent
or more of alcohol, by weight,
and âmotor
vehicleâ includes a
snowmobile and all-terrain
vehicle, as those terms are
defined in section 14-379.
- Admissibility
of chemical analysis.
Except as provided in subsection (c) of
this section, in any criminal prosecution
for violation of subsection (a) of this
section, evidence respecting the amount
of alcohol or drug in the defendant's
blood or urine at the time of the alleged
offense, as shown by a chemical analysis
of the defendant's breath, blood or urine
shall be admissible and competent
provided:
- The
defendant was afforded a
reasonable opportunity to
telephone an attorney prior to
the performance of the test and
consented to the taking of the
test upon which such analysis is
made;
- a
true copy of the report of the
test result was mailed to or
personally delivered to the
defendant within twenty-four
hours or by the end of the next
regular business day, after such
result was known, whichever is
later;
- the
test was performed by or at the
direction of a police officer
according to methods and with
equipment approved by the
Department of Public Safety and
was performed in accordance with
the regulations adopted under
subsection (d) of this section;
- the
device used for such test was
checked for accuracy in
accordance with the regulations
adopted under subsection (d) of
this section;
- an
additional chemical test of the
same type was performed at least
thirty minutes after the initial
test was performed or, if
requested by the police officer
for reasonable cause, an
additional chemical test of a
different type was performed to
detect the presence of a drug or
drugs other than or in addition
to alcohol, provided the results
of the initial test shall not be
inadmissible under this
subsection if reasonable efforts
were made to have such additional
test performed in accordance with
the conditions set forth in this
subsection and such additional
test was not performed or was not
performed within a reasonable
time, or the results of such
additional test are not
admissible for failure to meet a
condition set forth in this
subsection; and
- evidence
is presented that the test was
commenced within two hours of
operation. In any prosecution
under this section it shall be a
rebuttable presumption that the
results of such chemical analysis
establish the ratio of alcohol in
the blood of the defendant at the
time of the alleged offense,
except that if the results of the
additional test indicate that the
ratio of alcohol in the blood of
such defendant is
twelve-hundredths of one per cent
or less of alcohol, by weight,
and is higher than the results of
the first test, evidence shall be
presented that demonstrates that
the test results and the analysis
thereof accurately indicate the
blood alcohol content at the time
of the alleged offense.
- Evidence
of blood alcohol content.
In any prosecution for a violation of
subdivision (1) of subsection (a) of this
section, reliable evidence respecting the
amount of alcohol in the defendant's
blood or urine at the time of the alleged
offense, as shown by a chemical analysis
of the defendant's blood, breath or
urine, otherwise admissible under
subsection (b) of this section, shall be
admissible only at the request of the
defendant.
- Testing
and analysis of blood, breath and urine.
The Commissioner of Public Safety shall
ascertain the reliability of each method
and type of device offered for chemical
testing and analysis purposes of blood,
of breath and of urine and certify those
methods and types which said commissioner
finds suitable for use in testing and
analysis of blood, breath and urine,
respectively, in this state. The
Commissioner of Public Safety shall adopt
regulations, in accordance with chapter
54, [FN1] governing the conduct of
chemical tests, the operation and use of
chemical test devices, the training and
certification of operators of such
devices and the drawing or obtaining of
blood, breath or urine samples as said
commissioner finds necessary to protect
the health and safety of persons who
submit to chemical tests and to insure
reasonable accuracy in testing results.
Such regulations shall not require
recertification of a police officer
solely because such officer terminates
such officer's employment with the law
enforcement agency for which
certification was originally issued and
commences employment with another such
agency.
- Evidence
of refusal to submit to test.
In any criminal prosecution for a
violation of subsection (a) of this
section, evidence that the defendant
refused to submit to a blood, breath or
urine test requested in accordance with
section 14-227b shall be admissible
provided the requirements of subsection
(b) of said section have been satisfied.
If a case involving a violation of
subsection (a) of this section is tried
to a jury, the court shall instruct the
jury as to any inference that may or may
not be drawn from the defendant's refusal
to submit to a blood, breath or urine
test.
- Reduction,
nolle or dismissal prohibited.
If a person is charged with a violation
of the provisions of subsection (a) of
this section, the charge may not be
reduced, nolled or dismissed unless the
prosecuting authority states in open
court such prosecutor's reasons for the
reduction, nolle or dismissal.
- Penalties
for operation while under the influence.
Any person who violates any provision of
subsection (a) of this section shall:
- For
conviction of a first violation,
- be fined
not less than five
hundred dollars or more
than one thousand
dollars, and
- be
- imprisoned
not more than six months,
forty-eight consecutive
hours of which may not be
suspended or reduced in
any manner, or
- imprisoned
not more than six months,
with the execution of
such sentence of
imprisonment suspended
entirely and a period of
probation imposed
requiring as a condition
of such probation that
such person perform one
hundred hours of
community service, as
defined in section
14-227e, and
- have
such person's motor
vehicle operator's
license or nonresident
operating privilege
suspended for one year;
- for
conviction of a second violation
within ten years after a prior
conviction for the same offense,
- be fined
not less than one
thousand dollars or more
than four thousand
dollars,
- be
imprisoned not more than
two years, one hundred
twenty consecutive days
of which may not be
suspended or reduced in
any manner, and sentenced
to a period of probation
requiring as a condition
of such probation that
such person perform one
hundred hours of
community service, as
defined in section
14-227e, and
- have
such person's motor
vehicle operator's
license or nonresident
operating privilege
suspended for three years
or until the date of such
person's twenty-first
birthday, whichever is
longer, or
- if
such person has been
convicted of a violation
of subdivision (1) of
subsection (a) of this
section on account of
being under the influence
of intoxicating liquor or
of subdivision (2) of
subsection (a) of this
section, have such
person's motor vehicle
operator's license or
nonresident operating
privilege suspended for
one year and be
prohibited for the
two-year period following
completion of such period
of suspension from
operating a motor vehicle
unless such motor vehicle
is equipped with a
functioning, approved ignition
interlock device,
as defined in section
14-227j; and
- for
conviction of a third and
subsequent violation within ten
years after a prior conviction
for the same offense,
- be fined
not less than two
thousand dollars or more
than eight thousand
dollars,
- be
imprisoned not more than
three years, one year of
which may not be
suspended or reduced in
any manner, and sentenced
to a period of probation
requiring as a condition
of such probation that
such person perform one
hundred hours of
community service, as
defined in section
14-227e, and
- have
such person's motor
vehicle operator's
license or nonresident
operating privilege
permanently revoked upon
such third offense. For
purposes of the
imposition of penalties
for a second or third and
subsequent offense
pursuant to this
subsection, a conviction
under the provisions of
subsection (a) of this
section in effect on
October 1, 1981, or as
amended thereafter, a
conviction under the
provisions of either
subdivision (1) or (2) of
subsection (a) of this
section, a conviction
under the provisions of
section 53a-56b or
53a-60d or a conviction
in any other state of any
offense the essential
elements of which are
determined by the court
to be substantially the
same as subdivision (1)
or (2) of subsection (a)
of this section or
section 53a-56b or
53a-60d, shall constitute
a prior conviction for
the same offense.
- Suspension
of operator's license or nonresident
operating privilege.
- Each
court shall report each
conviction under subsection (a)
of this section to the
Commissioner of Motor Vehicles,
in accordance with the provisions
of section 14-141. The
commissioner shall suspend the
motor vehicle operator's license
or nonresident operating
privilege of the person reported
as convicted for the period of
time required by subsection (g)
of this section. The commissioner
shall determine the period of
time required by said subsection
(g) based on the number of
convictions such person has had
within the specified time period
according to such person's
driving history record,
notwithstanding the sentence
imposed by the court for such
conviction.
- The
motor vehicle operator's license
or nonresident operating
privilege of a person found
guilty under subsection (a) of
this section who is under
eighteen years of age shall be
suspended by the commissioner for
the period of time set forth in
subsection (g) of this section,
or until such person attains the
age of eighteen years, whichever
period is longer.
- The
motor vehicle operator's license
or nonresident operating
privilege of a person found
guilty under subsection (a) of
this section who, at the time of
the offense, was operating a
motor vehicle in accordance with
a special operator's permit
issued pursuant to section 14-37a
shall be suspended by the
commissioner for twice the period
of time set forth in subsection
(g) of this section.
- If
an appeal of any conviction under
subsection (a) of this section is
taken, the suspension of the
motor vehicle operator's license
or nonresident operating
privilege by the commissioner, in
accordance with this subsection,
shall be stayed during the
pendency of such appeal.
- Installation
of ignition
interlock device.
- The
Commissioner of Motor Vehicles
shall permit a person whose
license has been suspended in
accordance with the provisions of
subparagraph (C)(ii) of
subdivision (2) of subsection (g)
of this section to operate a
motor vehicle if (A) such person
has served not less than one year
of such suspension, and (B) such
person has installed an approved
ignition interlock device in each
motor vehicle owned or to be
operated by such person. No
person whose license is suspended
by the commissioner for any other
reason shall be eligible to
operate a motor vehicle equipped
with an approved ignition
interlock device.
- All
costs of installing and
maintaining an ignition interlock
device shall be borne by the
person required to install such
device.
- The
commissioner shall adopt
regulations, in accordance with
the provisions of chapter 54, to
implement the provisions of this
subsection. The regulations shall
establish procedures for the
approval of ignition interlock
devices, for the proper
calibration and maintenance of
such devices and for the
installation of such devices by
any firm approved and authorized
by the commissioner.
- The
provisions of this subsection
shall not be construed to
authorize the continued operation
of a motor vehicle equipped with
an ignition interlock device by
any person whose operator's
license or nonresident operating
privilege is withdrawn, suspended
or revoked for any other reason.
- The
provisions of this subsection
shall apply to any person whose
license has been suspended in
accordance with the provisions of
subparagraph (C)(ii) of
subdivision (2) of subsection (g)
of this section on or after
September 1, 2003.
- Participation
in alcohol education and treatment
program. In addition to
any fine or sentence imposed pursuant to
the provisions of subsection (g) of this
section, the court may order such person
to participate in an alcohol education
and treatment program.
- Seizure
and admissibility of medical records of
injured operator.
Notwithstanding the provisions of
subsection (b) of this section, evidence
respecting the amount of alcohol or drug
in the blood or urine of an operator of a
motor vehicle involved in an accident who
has suffered or allegedly suffered
physical injury in such accident, which
evidence is derived from a chemical
analysis of a blood sample taken from or
a urine sample provided by such person
after such accident at the scene of the
accident, while en route to a hospital or
at a hospital, shall be competent
evidence to establish probable cause for
the arrest by warrant of such person for
a violation of subsection (a) of this
section and shall be admissible and
competent in any subsequent prosecution
thereof if:
- The
blood sample was taken or the
urine sample was provided for the
diagnosis and treatment of such
injury;
- if
a blood sample was taken, the
blood sample was taken in
accordance with the regulations
adopted under subsection (d) of
this section;
- a
police officer has demonstrated
to the satisfaction of a judge of
the Superior Court that such
officer has reason to believe
that such person was operating a
motor vehicle while under the
influence of intoxicating liquor
or drug or both and that the
chemical analysis of such blood
or urine sample constitutes
evidence of the commission of the
offense of operating a motor
vehicle while under the influence
of intoxicating liquor or drug or
both in violation of subsection
(a) of this section; and
- such
judge has issued a search warrant
in accordance with section 54-33a
authorizing the seizure of the
chemical analysis of such blood
or urine sample. Such search
warrant may also authorize the
seizure of the medical records
prepared by the hospital in
connection with the diagnosis or
treatment of such injury.
- Participation
in victim impact panel program.
If the court sentences a person convicted
of a violation of subsection (a) of this
section to a period of probation, the
court may require as a condition of such
probation that such person participate in
a victim impact panel program approved by
the Court Support Services Division of
the Judicial Department. Such victim
impact panel program shall provide a
nonconfrontational forum for the victims
of alcohol-related or drug-related
offenses and offenders to share
experiences on the impact of
alcohol-related or drug-related incidents
in their lives. Such victim impact panel
program shall be conducted by a nonprofit
organization that advocates on behalf of
victims of accidents caused by persons
who operated a motor vehicle while under
the influence of intoxicating liquor or
any drug, or both. Such organization may
assess a participation fee of not more
than twenty-five dollars on any person
required by the court to participate in
such program.
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