AN ACT CONCERNING RECIPROCAL AND CONCURRENT SANCTIONS FOR OPERATING A MOTOR VEHICLE OR A VESSEL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG.

AN ACT CONCERNING RECIPROCAL AND CONCURRENT SANCTIONS FOR OPERATING A MOTOR VEHICLE OR A VESSEL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG.

This law prohibits driving under the influence (DUI) and operating a vessel under the influence (OUI). These offenses occur when a person drives a motor vehicle (including snowmobiles and all terrain vehicles) or operates a vessel (1) while under the influence of alcohol or drugs or (2) with an “elevated blood alcohol content. ” The law imposes the same mandatory criminal penalties for each offense, including the suspension or revocation of a driving license or loss of a safe boating certificate or certificate of personal watercraft operation. The DUI law allows for a reduced license period for second or subsequent offenders who install an ignition interlock device under certain circumstances. There is no compatible provision for OUI. The law also requires the Department of Motor Vehicles (DMV) and the Department of Environmental Protection (DEP) administratively to issue suspensions before and in addition to any suspension or revocation imposed as part of the criminal penalty. Both the criminal and administrative sanctions increase for second, third, and subsequent offenses (see BACKGROUND).

The bill requires that a prior conviction for OUI or reckless operation of a vessel in the first or second degree be considered a prior conviction for DUI for determining the criminal penalty for a DUI offense. Conversely, it requires that a prior conviction for DUI be considered a prior conviction for OUI for determining the criminal penalty for an OUI offense. Thus, for example, a person with a prior OUI conviction would be treated as a second offender if subsequently convicted for DUI for the first time. This applies for offenses committed in Connecticut and for conviction in any other state of any offense that a court determines to be substantially the same as Connecticut's.

The bill imposes a similar reciprocal requirement for determining the length of an administrative license suspension the DMV and DEP commissioners must impose. Thus, for example, (1) a person with a prior administrative license suspension for DUI would be treated as a second offender by DEP for determining the administrative suspension period for a person who operated a vessel under the influence for the first time and (2) DMV would treat a person with a prior administrative license suspension for OUI as a second offender if the person operated a vehicle under the influence for the first time.

The bill requires the DMV commissioner, whenever he or she suspends someone's operator's license or nonresident operating privilege because of a DUI criminal conviction or an administrative suspension, to mail or electronically transmit a copy of the suspension notice and the operator's personal identifying information to the DEP commissioner. It requires the DEP commissioner to suspend the safe boating certificate or a certificate of personal watercraft operation, if any, of such person for “the same period of time”. It imposes the same reciprocal duties on the DMV commissioner when the DEP commissioner suspends someone's right to operate a vessel because of a criminal conviction of OUI or an administrative sanction for OUI and notifies the DMV commissioner (See COMMENT).

Right to Operate a Vessel That Requires a Safe Boating Certificate for Operation

By law, no state resident or person owning real property or a vessel in Connecticut may operate a vessel on state waters unless without a DEP safe boating certificate. The law exempts from this requirement people with valid vessel operator's licenses from the U. S. Coast Guard. (Such people still must obtain a personal watercraft certificate. ) Boaters buying new or used boats must obtain a safe boating certificate within six months and may apply for a temporary certificate in the interim.

A “vessel” is every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water. “State waters” are all waters within the territorial limits of the state except federal waters (CGS § 15-127).

No state resident or person owning real property or a vessel in Connecticut may operate on the waters of the state a vessel that the law requires to be registered or numbered unless he or she has a valid vessel operator license issued by the U. S. Coast Guard or has obtained a safe boating certificate issued by the DEP commissioner (CGS § 15-140e). According to DEP, (1) any sailboat over 19. 5 feet powered by sail alone and (2) any vessel with any size motor must be registered and numbered before entering Connecticut waters.

The bill prohibits anyone from operating a personal watercraft unless he or she has been issued a certificate of personal watercraft operation by the DEP commissioner (CGS § 15-140j(b)).

A “personal watercraft” is any inboard powered vessel less than 16 feet in length, which has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion, and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel (CGS § 15-140j(a)).

Crime of Driving or Operating a Vessel Under the Influence or with an “Elevated” BAC.

The laws imposing criminal and administrative sanctions for driving a vehicle or operating a vessel under the influence are the same, except the provisions concerning the use of an interlock device only apply to DUI. Following is a summary of the criminal and administrative penalties for driving under the influence.

The law prohibits driving (1) while under the influence of alcohol or drugs or (2) with an “elevated blood alcohol content” (DUI). A person is “under the influence” if his ability to drive is affected to an appreciable degree (Infield v. Sullivan, 151 Conn. 506 (1964)). This may be prosecuted with or without any direct evidence of his BAC. A person has an “elevated blood alcohol content” if his or her BAC is . 08% alcohol by weight or above. The law also makes it illegal for someone under age 21 to drive with a BAC of . 02% or more. While this is defined under a different statute (CGS § 14-227g), most of the criminal drunk driving provisions apply by reference to anyone under age 21 violating the prohibition.

The DUI law applies to operating a motor vehicle anywhere, not just on a road or highway, and includes the operator's property. The DUI law also applies to the operation of snowmobiles and all-terrain vehicles.

*Conviction*	*Prison Sentence*	*Fine*	*License Suspension*
First	Either (a) up to six months with a mandatory minimum of two days or (b) up to six months suspended with probation requiring 100 hours of community service	$ 500- $ 1,000	One year
Second	Up to two years, with a mandatory minimum of 120 consecutive days and probation with 100 hours community service	$ 1,000- $ 4,000	Three years (or until age 21 if longer)*
Third and Subsequent	Up to three years, with mandatory minimum of one year and probation with 100 hours community service	$ 2,000- $ 8,000	Permanent Revocation*

In addition, if the court sentences someone to a period of probation, it may require as a condition of probation that he or she participate in a victim impact panel program approved by the Court Support Services Division. The nonprofit organization that conducts the panel may charge a participation fee of up to $ 25 for any offender ordered to participate.

In assessing these penalties, the law considers as a subsequent conviction one that occurs within 10 years of a prior conviction for the same offense. Also, any conviction that occurs in another state for an offense that the court determines has “substantially the same” essential elements as Connecticut's criminal drunk driving offenses (manslaughter in the 2^nd degree with a motor vehicle, or assault in the 2^nd degree with a motor vehicle) constitute a prior conviction of the same offense for purposes of determining someone's prior criminal history. (2^nd degree manslaughter or assault with a motor vehicle involves driving while under the influence of liquor or drugs. )

The law allows someone whose driver's license has been revoked following a third conviction for DUI to seek restoration of driving privileges after six years, provided the DMV commissioner determines it does not endanger public safety, certain requirements are met, and the person submits to installation and use of a vehicle ignition interlock device (PA 07-167).

The license suspension under this law is stayed while a conviction is appealed. For a driver under age 18, the suspension period is until he or she turns age 18 or the period listed above, whichever is longer. For people driving under a work-only driving permit (described below) suspension periods are doubled. In addition to these penalties, the court can order a driver to participate in an alcohol education and treatment program.

The law requires the court to report DUI convictions to the DMV commissioner. The commissioner must suspend for the period the law requires the license or nonresident operating privilege of anyone reported as convicted. The commissioner must determine the required suspension period based on the number of convictions the person has had within the specified period according to his or her driver history record, notwithstanding the sentence imposed by the court for the conviction. Suspension for conviction of a criminal DUI charge is in addition to any previously imposed administrative license suspension under the implied consent law (see below).

Ignition interlock devices installed in motor vehicles require the vehicle operator to exhale into the device prior to starting the vehicle. If the device detects a BAC above a certain threshold level, it prevents the vehicle from starting. Interlock devices also require periodic breath samples while the vehicle is operating. The threshold BAC level can vary according to the requirements of the law (which in Connecticut is . 025% BAC).

Under Connecticut law, the court can order anyone who has been arrested for DUI, 2^nd degree manslaughter with a motor vehicle, or 2^nd degree assault with a motor vehicle not to operate any motor vehicle unless it is equipped with an ignition interlock device. This order may be made as a condition of his or her release on bail or application to participate in the Pretrial Alcohol Education System.

Also, an ignition interlock requirement may be applied to someone convicted of DUI for a second time when the conviction was based solely on alcohol use. Second DUI offenders are subject to a three-year license suspension. When the court reports a second conviction to DMV that is based solely on alcohol use, DMV must permit an offender who applies and qualifies to use an ignition interlock device on any vehicle he or she has or will operate. The interlock requirement substitutes for two of the three years of the license suspension (CGS § 14-227a).

Someone is ineligible for the interlock option who has not enrolled in a substance abuse treatment program as required by law following a DUI conviction or has not received a waiver from that requirement or if his license has been suspended for any other reason except for a DUI conviction based solely on alcohol use.

The interlock device option applies when the second DUI conviction based solely on alcohol use occurs and is prosecuted in Connecticut.

The law also provides an interlock option following a third DUI conviction. After a third conviction, DMV must revoke the offender's license. After six years, the offender may apply to DMV for a hearing to consider reversal or reduction of the revocation. After considering certain evidence the law specifies and determining that such an action would not endanger the public safety or welfare, the commissioner may reverse or reduce the revocation. The commissioner must impose a requirement that the offender operate ignition interlock-equipped vehicles as a condition for reinstatement. The interlock must be used from the date of the reversal or reduction until 10 years have passed since the original revocation.

This law requires an administrative license suspension process for drivers who refuse to submit to the test or whose test results indicate an elevated BAC (. 08% or more or . 02% or more if under age 21). The law provides a hearing process before the commissioner can impose the sanctions specified in Table 2.

The penalties also apply to someone who takes the initial test but refuses to take the second test. These provisions do not apply to someone whose condition makes such tests medically inadvisable. These administrative license suspension penalties are in addition to any suspension penalties that result from conviction on any criminal DUI charge (see Table 1 above).

Anyone under age 21 who does not contact DMV for a hearing, fails to show up for a scheduled hearing, or receives an adverse hearing decision is subject to a license suspension that is twice as long as the period imposed on someone age 21 or older for a similar type of violation.

This enhanced administrative license suspension is even longer for a 16- or 17-year-old for a first per se offense. Specifically, the suspension for a first per se violation by a 16- or 17-year-old is 18 months for a test refusal, (2) one year for a test result between 02% and . 16%, and (3) one year for a test result of . 16% or more.

SB 151 (File 387) modifies current requirements for ignition interlock devices and license suspensions for DUI offenses. Among other things, it lengthens the license suspension for a first DUI conviction from one year to 18 months, but it provides an alternative of a six-month suspension followed by a requirement to operate only vehicles equipped with an ignition interlock device for one year.

SB 152 (File 388) prohibits, with some exceptions, possession of an open alcoholic beverage container in the passenger area of a motor vehicle on a highway or highway right-of-way.

SB 153 (File 385) (1) decreases from . 08% to . 04% the presumptive level for determining if a driver of a commercial motor vehicle is operating with an elevated blood alcohol level and (2) makes several procedural changes to the criminal and administrative per se laws governing DUI.

sSB 732, favorably reported by the Judiciary Committee alters criminal penalties for DUI and requires continuous alcohol monitoring under certain circumstances.

The bill requires the DEP commissioner to suspend the safe boating certificate or certificate of personal watercraft operator for “the same period of time” as DMV imposes a criminal violation or administrative sanctions. It imposes a reciprocal requirement on the DMV commissioner. It is not clear what this requirement actually means since other provisions of the bill require treatment as a repeat offender under certain circumstances.

DEP and DMV do not share data bases. Thus, when one commissioner imposes an administrative suspension, he or she may not know whether the defendant had a previous suspension imposed by the other commissioner. For example, assume a DUI first offender is administratively suspended by the DMV commissioner. The law requires the commissioner to suspend the offender's license for 90 days. The bill requires the commissioner to send a copy of this suspension to the DEP commissioner. The bill requires the DEP commissioner to impose a suspension “for the same period of time. ” But if the DEP commissioner had previously suspended that offender for OUI, the law also requires that he treat the offender as a second offender and impose a nine month suspension. The same ambiguity applies if the DEP commissioner suspends an OUI first offender for 90 days and sends the suspension notice to the DMV commissioner. The bill requires the DMV commissioner to suspend the person's operator's license for “the same period of time. ” But if that person had a prior DUI administrative suspension, the bill requires the commissioner to treat him as a second offender and impose the suspension period the law requires for second offenders.

In addition the DUI laws permit certain offenders convicted for DUI for a second or subsequent time to have a shorter license suspension period if they install an ignition interlock device and comply with certain other requirements. It is not clear how the DEP commissioner will learn of any reduced penalties and, if so, whether he or she must lower the suspension already imposed to match the reduced DMV suspension period.

There is no comparable law regarding the installation of interlock devices for vessels or personal watercraft and for reducing of suspension periods for installing such a device. It is not clear if the interlock provisions that apply to certain second DUI offenses apply when the subsequent offense is OUI. For example, a person convicted of a second DUI offense may be given a shorter suspension period if he or she installs an ignition interlock device, but it is not clear whether a person who has one DUI conviction and a subsequent OUI conviction or two OUI convictions is eligible for a shorter period for installing an interlock device.

Also, it is not clear what the relationship is between the bill's requirements of this bill and eligibility for work permits or commercial driver's license (CDL). The law allows anyone whose operator's license has been suspended to apply to the DMV commissioner for a special permit to drive to and from his or her place of employment or, if the person is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform his or her job. The commissioner may, upon a showing of significant hardship, grant such an application.

The law prohibits the issuance of a special operator's permit to (1) anyone (1) to operate a motor vehicle for which a public passenger transportation permit or commercial driver's license is required or (2) whose operator's license has been suspended previously pursuant to the DUI laws (CGS § 14-37a).

It is not clear whether a suspension for OUI that leads to a suspension of a person's operator's license because of the bill's reciprocity requirements would disqualify a person from this permit.

With respect to a CDL, state and federal law require a one year disqualification from driving a commercial vehicle for a DUI conviction, and a life-time ban for a second. It does not appear that (1) an OUI violation could result in a one-year ban, or (2) two OUI convictions of one OUI and a subsequent DUI conviction could result in a life time ban but that is not certain (CGS §14-44k).

*Per Se Offense*	*First Offense*	*Second Offense*	*Third or Subsequent Offense*
Test Refused	6 months	One year	3 years
BAC of : 08% or more	90 days	9 months	2 years
BAC of . 16% or more	120 days	10 months	2 years, 6 months