Connecticut DUI Laws

• Connecticut DUI – statute(s) C.G.S.A. § 14-227a. DUI – standard
  • “No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both.” C.G.S.A. § 14-227a(a).
• Connecticut DUI – applicable substances
  • Any drug
• Connecticut DUI – affirmative defense
  • None
• Connecticut DUI Per se – statute(s)
  • None
• DUI in Connecticut Implied consent – applicable drivers
  • Any person who operates a motor vehicle in Connecticut. C.G.S.A. § 14-227b(a)
• DUI in Connecticut Implied consent – tests authorized
  • Chemical analysis of blood, breath or urine. C.G.S.A. § 14-227b(a). Implied consent – basis for test Test at the option of a LEO after driver arrested for operating a vehicle while under the influence. C.G.S.A. § 14-227b(b).
• DUI in Connecticut Implied consent – evidence of refusal
  • Evidence that a driver refused to submit to a blood, breath or urine test may be used in any criminal prosecution for a violation of C.G.S.A. § 14-227a(a). The court is to instruct the jury as to any inference that may or may not be drawn from the refusal. C.G.S.A. § 14-227a(e). Implied consent – administrative / civil penalty for refusal
    • First refusalà driver’s license suspension of 45 days; use of IID for one year
    • Second refusalà driver’s license suspension of 45 days; use of IID for two years
    • Third or subsequent violationà driver’s license suspension of 45 days; use of IID for three years. C.G.S.A. § 14-227b(i)
  • DUI in Connecticut Implied consent – criminal penalty for refusal None. Conviction – administrative / civil penalty (license suspension, use of IID)
  • First convictionà driver’s license suspension of 45 days; use of IID for one year.
  • Second violationà driver’s license suspension of 45 days; use of IID for three years.
  • Third or subsequent convictionà driver’s license permanently revoked; must wait at least two years for reconsideration hearing. C.G.S.A. § 14-227a(g).

 Connecticut DUI Conviction – criminal penalties (jail sentence, fines, community service)

• • Connecticut 1^st DUI Conviction — Jail sentence of 48 hours to six months (or suspended sentence and 100 hours of community service); fine of $500-$1,000.
  • Connecticut 2nd DUI Conviction — Within 10 yearsà jail sentence of 120 days to two years; fine of $1,000-$4,000; sentenced to probation (100 hours community service, assessment and possible treatment program).
  • Connecticut 3rd DUI or subsequent conviction within 10 years — Felony; jail sentence of one to three years; fine of $2,000-$8,000; sentence to probation (100 hours community service, assessment and possible treatment program). C.G.S.A. § 14-227a(g).
  • Operating a motor vehicle while under the influence and causing “serious physical injury” to another person is assault in the second degree with a motor vehicle and a Class D felony. C.G.S.A. § 53a-60d.
  • Operating a motor vehicle while under the influence and causing the death of another person is manslaughter in the second degree with a motor vehicle and a Class C felony. C.G.S.A. § 53a-56b.
• Connecticut Treatment
  • In addition to any fine or sentence imposed, the court may order a violator to participate in an alcohol education and treatment program. C.G.S.A. § 14-227a(j).
  • Upon a second conviction, the offender must submit to an assessment through the Connecticut Court Support Services Division of the degree of such person’s alcohol or drug abuse, and undergo a treatment program if so ordered. C.G.S.A. § 14-227a(g)
• Marijuana use in vehicle in Connecticut
  • Connecticut allows certain registered patients to use marijuana for medicinal purposes. A patient may not ingest marijuana “in a motor bus or a school bus or in any other moving vehicle.” C.G.S.A. § 21a- 408a(b)(2).
• Connecticut Selected state court decisions
  • State v. Weisenberg, 830 A.2d 795 (Conn. Ct. App. 2013) à rejecting defendant’s request to overturn jury conviction because prosecution had not proven the exact quantity of drugs in bloodstream.
• Reference:

Drugged Driving: 2016 Summary of Key Provisions of State Laws

 DUI Arrest Statistics and Connecticut Drunk Driving

* Sources: State Justice Department, Federal Highway Administration