October 14, 2010

 

2010-R-0415

Connecticut DUI Laws

 

By: Paul Frisman, Principal Analyst

 

You asked for a comprehensive description of Connecticut laws addressing driving under the influence (DUI). This report updates OLR Report 2008-R-0512. This report has been updated by OLR Report 2011-R-0319.

summary

Connecticut’s DUI law consists primarily of three statutes, CGS §§ 14‑227a, -227b and -227g. The first prohibits a person from driving while under the influence of alcohol or drugs or with an “elevated” blood alcohol content (BAC). A person is “under the influence” if his ability to drive is affected to an appreciable degree. Drivers over the age of 21 have an elevated BAC if it is found to be .08% or more. Drivers operating a commercial motor vehicle have an elevated BAC if it is .04% or more.

 

CGS § 14-227g prohibits people younger than 21 from driving with a BAC of .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 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.

 

By law, (CGS § 14‑227b) motorists implicitly consent to be tested for drugs or alcohol. 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.) A different procedure allowing a more immediate suspension applies if the driver has a prior license suspension for a DUI conviction or has been involved in a fatal accident. The law provides for longer administrative suspension periods for someone whose BAC is .16% or more. These administrative license suspension penalties are in addition to any suspension penalties imposed for conviction of any criminal DUI charge.

 

Someone arrested for certain alcohol related offenses can be ordered by the court to operate only motor vehicles equipped with ignition interlock devices as a condition of release on bail or of his or her application for participation in the Pretrial Alcohol Education Program. Use of an ignition interlock device is mandatory (1) for two years for drivers convicted of two DUI convictions within 10 years, (2) as a condition to restore a revoked license after a third DUI conviction, and (3) for two years following the mandatory one-year license suspension following conviction for 2nd-degree manslaughter with a motor vehicle or 2nd -degree assault with a motor vehicle.

 

Anyone who is convicted of DUI, or who has had two or more administrative license suspensions for BAC test failures or refusals must successfully complete a Department of Motor Vehicle (DMV)-approved substance abuse treatment program before DMV may restore the person’s suspended license.

 

Someone who holds a commercial driver’s license faces disqualification from driving a commercial motor vehicle (e.g., a large truck) for one year if he is found to have: (1) a BAC of .04% or more while driving a commercial motor vehicle, (2) a BAC of .08% or more while driving any other type of vehicle, or (3) refused a BAC test whether driving any motor vehicle.

 

Two other laws, 2nd-degree manslaughter with a motor vehicle (CGS § 53a-56b), and 2nd-degree assault with a motor vehicle (CGS § 53a-60d), apply to drivers who cause the death or serious injury of another person, respectively, while under the influence of alcohol or drugs. In addition, people found to be “persistent felony offenders” are subject to an increased criminal penalty and the state must impound motor vehicles of certain offenders for 48 hours.

Driving While Under the Influence of Alcohol or Drugs (CGS § 14‑227a)

 

Driving Under the Influence or with an Elevated BAC

 

The law prohibits driving (1) while under the influence of alcohol or drugs or (2) with an “elevated blood alcohol content.” A person is “under the influence” if his ability to drive is affected to an appreciable degree (Infeld 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 at least .08% alcohol by weight. The law also makes it illegal for someone driving a commercial motor vehicle to have a BAC of .04% or more and for anyone under age 21 to drive with a BAC of .02% or more.

 

The DUI law applies to operating a motor vehicle anywhere, including the operator’s property, not only on roads or highways. It also applies to the operation of snowmobiles and all-terrain vehicles.

 

Before dismissing, declining to prosecute, or reducing a DUI charge a prosecutor must state the reasons for doing so in court.

 

BAC Tests

 

A police officer has the discretion to choose whether to measure a motorist’s BAC by testing the driver’s blood, breath, or urine. The law establishes a rebuttable presumption that a driver’s BAC at the time it is tested is the same as the BAC at the time he or she was stopped. But if the result of the second test is .10% or less, and higher than the first test, the prosecution must demonstrate that the BAC at the time of the test accurately reflects the BAC at the time of the offense.

 

Admissibility of Evidence

 

In order for the test results to be admissible:

 

  1. the driver must be given a reasonable chance to call a lawyer before taking the test;

 

  1. a copy of the test results must be mailed or personally delivered to the driver within 24 hours or at the end of the next business day after the results are known;

 

  1. the test must be administered by a police officer or at the officer’s direction;

 

  1. the test must be administered using methods and equipment approved by the Department of Public Safety (DPS) and according to DPS regulations;

 

  1. the test equipment must have been checked for accuracy according to DPS regulations;

 

  1. a second test of the same type must be administered at least 10 minutes after the first test is conducted (unless the second test is to detect the presence of drugs in which case it can be of a different type and does not have to be administered within that time frame); and

 

  1. the test must begin within two hours of operation (presumably the time of the alleged offense).

 

The DPS commissioner must determine the reliability of each method and type of device used to test blood, breath, and urine, and certify those suitable for use in Connecticut. He must adopt regulations governing the conduct of tests, the operation and use of test devices, the training and certification of test operators, and the drawing or obtaining of blood, breath, and urine samples (CGS § 14-227a(d)).

 

Evidence that a driver refused to submit to a test is admissible if the procedural requirements of CGS § 14‑227b (described below) are followed. At trial, the court must instruct the jury as to what inferences can and cannot be drawn from a refusal.

 

Samples Taken from Apparently Injured Drivers Requiring Medical Treatment.

 

A different set of admissibility standards applies to blood or urine samples taken from an injured driver in the course of his or her medical treatment. Results of a chemical analysis of the sample are competent evidence to establish probable cause for the person’s arrest by warrant and are admissible in a subsequent prosecution if (1) the sample was taken for the diagnosis and treatment of the injury; (2) a blood sample, it was taken in accordance with DPS regulations; (3) a police officer satisfies a Superior Court judge that (a) he or she had reason to believe the motorist was driving under the influence of alcohol or drugs and (b) the blood or urine sample constitutes evidence of this offense; and (4) the


judge issues a search warrant authorizing the seizure of the test results. The warrant may also authorize the seizure of hospital medical records prepared in connection with the diagnosis and treatment of the injury (CGS § 14-227c).

 

Penalties

 

A person convicted of DUI is subject to the criminal penalties listed in Table 1. In assessing these penalties, the law considers a subsequent conviction one that occurs within 10 years of a prior conviction for the same offense.

Table 1: DUI Criminal Penalties

 

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

One year, plus two years using ignition interlock

 

Three years if arrest occurred in another state

 

Three years if under age 21 (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 probation, it may require as a condition that the offender take part in a victim impact panel program approved by the Judicial Department’s Court Support Services Division (CSSD). The panel must provide a non-confrontational forum for victims of alcohol- or drug-related offenses and offenders to share experiences on the impact of alcohol- or drug-related incidents on their lives. The nonprofit organization that conducts the panel may charge a fee of up to $25 for any offender ordered to participate.

 

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, 2nd degree manslaughter with a motor vehicle, or 2nd degree assault with a motor vehicle, will constitute a prior conviction of the same offense for purposes of determining someone’s prior criminal history. (Second degree manslaughter with a motor vehicle and 2nd-degree assault with a motor vehicle involve 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 driving under the influence of alcohol or drugs to seek restoration of his or her driving privileges after six years, if the commissioner determines it does not endanger public safety, certain requirements are met, and the person submits to installation and use of an ignition interlock. The device must remain in place from the date the reversal or reduction is granted until 10 years have passed since the date the license was revoked (CGS § 14-111 (k) (2)).

 

The license suspension is stayed while a conviction is appealed. For a driver under age 18, the suspension period is until he or she turns 18 or the period listed above, whichever is longer. For drivers driving under a special operator’s 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 following established statutory procedures. The commissioner must suspend the license or nonresident operating privilege of anyone reported as convicted for the period the law requires. The commissioner must determine the length of the suspension based on the number of convictions the person has had within the specified time period, according to the driver history record maintained by DMV, regardless of the sentence the court imposed.

 

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). The state Supreme Court has held that administrative license suspensions legitimately provide for public safety by promptly removing drivers charged with DUI from the road, and that a suspension is not a bar to criminal prosecution (State v. Hickam, 235 Conn. 614 (1995)).

 

Sixteen and Seventeen Year-Old Drivers

 

If a 16- or 17-year-old driver is cited for either driving under the influence of alcohol or drugs or with an elevated blood-alcohol level (which is .02% or more for anyone under age 21) the police officer must seize the driver’s license for 48 hours on behalf of the DMV commissioner and have the vehicle removed (CGS § 14-36i (b)). The license seizure begins on the date and time the arrest is made or the summons or infraction complaint is issued, and the license is considered suspended for 48 hours.

 

To regain the license, the 16- or 17-year-old and, unless he or she is an emancipated minor, his or her parent or legal guardian must appear in person at the police department, state police barracks, or other designated location and sign a written acknowledgement of its return. No restoration fee may be charged for return of the license. The police officer who seized the license must make a written report of the violation and the suspension to the DMV commissioner on a form, and in a time and manner, that the commissioner prescribes.

 

A driver under age 18 who is arrested for DUI is not eligible for youthful offender status (CGS § 54-76b).

PERSISTENT DUI OFFENDERS (CGS 53a-40f)

A person is considered a “persistent operating under the influence felony offender” if he or she (1) is convicted of 2nd-degree manslaughter with a motor vehicle or 2nd-degree assault with a motor vehicle and (2) within the previous 10 years has been convicted of either of these offenses, or of driving under the influence of alcohol or drugs, or of substantially similar offenses in other states.

 

The court may impose the prison sentence for the next higher degree of felony for a persistent DUI offender. Thus, it increases, from 10 to 20 years the maximum possible prison term for a persistent offender convicted of 2nd-degree manslaughter with a motor vehicle and from five to 10 years the maximum possible sentence for a persistent offender convicted of 2nd-degree assault with a motor vehicle.

Ignition Interlock Devices

Ignition interlock devices are devices installed in motor vehicles that require the driver to exhale into them to operate the vehicle. If the device detects a BAC above a certain threshold (.025% in Connecticut), it

prevents the vehicle from being started. Interlock devices also require periodic breath samples while the vehicle is operating. Offenders must pay a $100 fee to have the device installed (PA 10-110, § 6).

 

Under Connecticut law, anyone who has been arrested for DUI, 2nd degree manslaughter with a motor vehicle, or 2nd degree assault with a motor vehicle may be ordered by the court 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 as a condition of (1) probation or (2) granting an application to participate in the Pretrial Alcohol Education System (CGS § 14-227j (b)).  

 

The ignition interlock requirement also applies to drivers convicted of DUI for a second time. For second offenders who are age 21 or over, the law imposes a mandatory one-year license suspension followed by two years in which the offender can only operate a vehicle equipped with an ignition interlock device. For offenders under age 21, it imposes a suspension of three years, or until the offender’s 21st birthday, whichever is longer, and bars operation of a motor vehicle without an interlock for two years after the offender completes the suspension (PA 10-110, § 45).

 

The driver is ineligible to operate a motor vehicle with an ignition interlock if his or her license was suspended for any reason other than conviction of (1) DUI, (2) 2nd-degree manslaughter with a motor vehicle, or (3) 2nd-degree assault with a motor vehicle (CGS § 14-227a (i) as amended by PA 10-110 § 46).

 

By law, DUI and other alcohol related criminal offenses that occur out-of-state and the essential elements of which are determined by the court to be substantially the same as Connecticut offenses constitute a prior offense for purposes of determining imposition of penalties for second or subsequent offenses. By federal and state law, states must record convictions for certain highway related offenses, including DUI, committed by nonresidents and report these convictions to the offender’s home state for imposition of penalties. Thus if someone has a prior Connecticut DUI conviction and is subsequently convicted for DUI in another state, DMV is informed of the out-of-state conviction and imposes the license suspension Connecticut law requires for a second or subsequent offense.

 

The law also provides an interlock option following a third DUI conviction. After a third conviction, the offender’s license must be revoked by DMV. After six years, the offender may apply to the DMV commissioner for a hearing to consider reversing or reducing the revocation. After considering certain evidence 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 require the offender to operate only ignition interlock-equipped vehicles as a condition of reinstatement. The interlock must be used from the date of the reversal or reduction until 10 years have passed since the original license revocation.

 

The law requires anyone convicted of (1) 2nd-degree manslaughter with a motor vehicle or (2) 2nd-degree assault with a motor vehicle to operate ignition interlock-equipped motor vehicles for two years following a mandatory one-year license suspension (CGS §§ 53a-56b and -60d). The law also makes anyone whose license has been suspended and subsequently restricted to use of only ignition-interlock equipped motor vehicles subject to re-imposition of a suspension for failing to install and use the device as required. The re-suspension must be for a period not to exceed the period of the original suspension (CGS § 14-111(l)).

Implied Consent to Test and Administrative Per Se License Suspension (CGS § 14‑227b)

 

Implied Consent

 

Anyone who drives has implicitly consented to permit the testing of his or her blood, breath, or urine. If the driver is a minor, his or her parents or guardians are considered to have given their consent.

 

Before administering the test, the police officer must:

 

1.   inform the driver of his or her constitutional rights;

 

2.   give the driver a chance to call a lawyer;

 

3.   inform the driver that his or her license will be suspended if he or she refuses to take the test, or if the test results indicate an elevated BAC; and

 

4.   inform the driver that evidence of a refusal may be used against him or her in a criminal prosecution.

 

Administrative Per Se

 

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 (at least .08% for non-commercial vehicle drivers, .04% for commercial vehicle drivers, or .02% if drivers under age 21). In such cases, the police officer, acting on behalf of the motor vehicle commissioner, must revoke the driver’s license for 24 hours and submit a report to the DMV, which among other things, must contain any test results and the grounds the officer had for arresting the person. In cases of test refusals, a third party who witnessed the refusal must sign the report.

 

A different procedure applies when someone gives a blood or urine sample at a police officer’s request because this requires a laboratory analysis to determine the results. In this case, the officer cannot immediately take possession of the person’s license or follow the other procedural requirements of the per se law. Instead, immediately upon receiving test results showing an elevated BAC, the officer must notify the DMV commissioner and submit the required written report.

 

The process followed once the commissioner receives the police report depends on the driver’s circumstances. As long as the driver either has not (1) previously been suspended for a DUI conviction within the 10 years preceding the current arrest or (2) been involved in a fatal accident, the commissioner may suspend his or her license or nonresident operating privilege as of a date certain, but not more than 30 days after the person receives notice of his arrest by the police officer. In the case of someone with a prior DUI license suspension or who has been involved in a fatal accident, the commissioner may suspend his or her license or operating privilege on any date specified in the suspension notice. This can be immediate.

 

In either case, the driver is entitled to a DMV hearing. In the first case (no prior DUI suspension or fatal accident involvement), this must occur before the suspension goes into effect, provided the person contacts DMV no later than seven days after DMV mails the suspension notice. In the latter case (prior DUI suspension or fatal accident involvement), the hearing can occur after the suspension, but not more than 30 days after the person contacts DMV to schedule a hearing (CGS § 14-227b).

 

In either case, the issues at the hearing are limited to whether: (1) the police officer had probable cause to make the arrest, (2) the driver was arrested, (3) he or she was driving, and (4) he or she refused the test or had an elevated BAC. In the case of test results obtained from a blood sample taken from an apparently injured driver, the hearing must additionally determine whether the blood sample was obtained according to the statutory conditions for admissibility and competence as evidence.  If the answer to any of these questions is no, DMV must give the license back to the driver.

 

If the answer to all of the questions is yes, the driver’s license is suspended for the period specified in Table 2. Longer suspensions apply if the person’s BAC was measured at .16% or more.  

 

Table 2: Administrative Per Se License Suspension Periods for Drivers Age 21 and Older

 

Per Se Offense

First Offense
Second Offense
Third or Subsequent Offense

BAC of:

.08% or more

 

90 days

9 months

2 years

BAC of .16% or more

120 days

10 months

2 ½ years

Test Refused

6 months

One year

3 years

 

The test refusal 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 imposed as a result of conviction on any criminal DUI charge (see Table 1 above).

 

Enhanced Administrative Penalties for Drivers Under Age 21

 

Anyone under age 21 who does not contact DMV for a hearing, fails to show up for a scheduled hearing, or who receives an adverse hearing decision is subject to a license suspension that is twice as long as the period that would otherwise be imposed.

 

CGS § 14-227b (j) makes the administrative license suspension even longer for a 16- or 17-year-old. Specifically, the suspension for a first per se violation by a 16- or 17-year-old is one year if the driver submitted to a BAC test that showed a BAC of .02 or more or 18 months if the driver refused to take the test.

 

Additional information on specific penalties for drivers under age 21 is available on the DMV website at: http://www.ct.gov/dmv/cwp/view.asp?a=813&q=245234.

Substance abuse treatment PROGRAM (CGS § 14-227f)

The law requires anyone whose license or nonresident operating privilege has been suspended for any DUI conviction, or for two or more administrative per se suspensions for test failures or refusals, to successfully complete a DMV-approved substance abuse treatment program that includes an assessment of the degree of alcohol abuse and treatment deemed appropriate for the person. The program must be

successfully completed before DMV may restore the offender’s driver’s license or nonresident operating privilege. The program must provide intensive treatment and continuing individual aftercare supervision and monitoring.

 

The person may petition the commissioner for waiver of the program participation requirement on the grounds that (1) the defendant is presently undergoing or has already completed an equivalent program subsequent to his or her most recent arrest either as a result of a Superior Court order or on a voluntary basis or (2) a Connecticut licensed physician attests that the defendant does not have a current addiction problem that affects his ability to operate a vehicle safely.

pretrial alcohol Education program (CGS § 54-56g)

Someone charged with DUI or, if under 21, operating a vehicle with a BAC of .02% or more, may apply to the court for admission to the Pretrial Alcohol Education Program. The applicant must pay a $100 application fee and a $100 nonrefundable evaluation fee. The applicant also must make certain affirmations under oath before the court, including that he or she has not had the program previously invoked on his or her behalf within the preceding 10 years, or ever, if under age 21. The court must seal the file when the offender applies for the program.

 

The court can grant the application after considering the recommendations of the state’s attorney. If the court grants the application, it must refer the motorist to CSSD for assessment and confirmation of his or her eligibility and to the Department of Mental Health and Addiction Services (DMHAS) for evaluation. Upon confirmation of eligibility, the person is referred to DMHAS for placement in either an appropriate alcohol intervention program for one year, or a state-licensed substance abuse treatment program.

 

If the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment, the court must order the court file to be unsealed, enter a plea of not guilty for the defendant and immediately schedule the case for trial.

 

If the defendant satisfactorily completes the assigned program, he or she may apply for dismissal of the charges, and the court must dismiss them on a finding of satisfactory completion.

 

The offender’s license suspension remains in effect while he or she participates in the program, although he or she has the option of not starting the program until the end of the suspension period.

 

A driver is ineligible for the program if involved in an accident that caused a serious physical injury or if the charge resulted from operating a commercial motor vehicle.

forty-eight HOUR IMPOUNDMENT (CGS § 14-227H)

A police officer must impound for 48 hours the motor vehicle of anyone he or she arrests for operating under the influence whose right to drive in Connecticut is under suspension or revocation. The owner may reclaim the vehicle after paying all towing and storage costs.

OPERATING WHILE LICENSE SUSPENDED FOR DUI (CGS § 14-215 (c))

 

Anyone who operates a motor vehicle while his or her license is suspended or revoked for driving under the influence, 2nd-degree manslaughter with a motor vehicle, 2nd-degree assault with a motor vehicle, or for refusing to submit to a BAC test is subject to a fine of between $500 and $1,000 and imprisonment for up to one year. The offense also carries a 30-day mandatory prison sentence unless the court specifies mitigating circumstances.

 

A driver who operates a motor vehicle while his or her license is suspended or revoked for a second violation of the above is subject to a fine of between $500 and $1,000 and imprisonment for up to two years, 120 days of which cannot be suspended unless the court specifies mitigating circumstances. A motorist who drives a motor vehicle while his or her license is suspended or revoked for a third or subsequent violation of the above is subject to a fine of between $500 and $1,000 and imprisonment for up to three years, one year of which cannot be suspended unless the court specifies mitigating circumstances.

 

The judge must specify the mitigating circumstances, or lack of them, in writing.

TESTING AFTER ACCIDENTS (CGS 14-227c)

The chief medical examiner and other specified officials must include in any investigation of a fatal motor vehicle accident a blood sample from any driver or pedestrian who dies in the accident. These samples must be examined for the presence and concentration of alcohol and drugs by the chief medical examiner or the DPS Division of Scientific Services. A blood or breath sample must be obtained from any surviving driver whose vehicle is involved in an accident resulting in the death or serious physical injury to another person if a police officer has probable cause to believe that the driver operated the vehicle while under the influence of alcohol, drugs, or both. Since the law requires the sample to be tested for drugs as well as alcohol, and breath samples cannot provide reliable evidence of the presence of drugs, the law, in effect, appears to require blood samples from surviving operators.

 

The testing of any such samples must be performed at the direction of a police officer and according to methods and using DPS-approved equipment. The person performing the test must be certified or recertified for this purpose by DPS or recertified by someone certified as an instructor by DPS.

 

Test equipment must be checked immediately before and after the test by someone who is DPS‑certified. If a blood test is performed, the sample must be taken by someone licensed to practice medicine and surgery, a qualified laboratory technician, a registered nurse, a physician assistant, or a phlebotomist.

Special operator PERMITS (CGS § 14-37a)

By law, anyone who has had a driver’s license suspended, except in certain instances, may apply for a special driving permit that allows certain work- or education- related driving. A person is not ineligible for this permit solely because of two previous DUI convictions, unless the second of those convictions occurred within 10 years of the previous conviction.

commercial drivers’ license (CDL) holders (CGS § 14-44k)

If someone holding a CDL (required to drive buses, large trucks, and trucks carrying hazardous materials) is found to have either refused to submit to a BAC test or has taken a test that resulted in a BAC of .04% or more, he or she is disqualified from driving a commercial motor vehicle for one year. If an offense involves driving a vehicle transporting hazardous materials requiring placards under federal law, the disqualification is for three years.

 

The disqualification applies (1) for any BAC test refusal, regardless of the type of motor vehicle he or she was driving, (2) for conviction of operating any vehicle while under the influence of alcohol or drugs, or (3) for a BAC result of .04% or more while driving a commercial motor vehicle or .08% or more while driving any other motor vehicle.

 

The disqualification periods apply to convictions in another state if the commissioner believes the offenses in those states are similar to those in Connecticut.

OTHER laws

Second Degree Manslaughter With A Motor Vehicle

 

CGS § 53a‑56b establishes the crime of 2nd degree manslaughter with a motor vehicle. A person commits this offense when, while operating a motor vehicle under the influence of alcohol or any drug, he causes the death of another person as a consequence of the effect of the alcohol or drugs. The penalty is a prison term of up to 10 years, or a fine of up to $10,000, or both. The operator’s driver’s license is suspended for one year and he or she can only operate vehicles equipped with an ignition interlock device for two years after completing the suspension period.

 

Second Degree Assault with a Motor Vehicle

 

CGS § 53a-60d establishes the crime of 2nd degree assault with a motor vehicle. A person commits the offense when, while operating a motor vehicle under the influence of alcohol or drugs, he causes serious physical injury to another person as a consequence of the effect of the alcohol or drugs. The penalty is a prison term of up to five years, or a fine of up to $5,000, or both. The operator’s driver’s license is suspended for one year and he or she can only operate vehicles equipped with an ignition interlock device for two years after completing the suspension period.

 

By law, a “serious physical injury” is one that creates a substantial risk of death, or causes serious disfigurement, serious impairment of health, or serious loss or impairment of the function of any bodily organ (CGS § 53a-3 (4)).

 

 

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