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Steven A. Tomeo & Associates, LLC

The following pertain to a CT DUI. They include state, DMV and boating while intoxicated laws.

License Suspension

Connecticut’s Drunk Driving Law

Operating Under the Influence (OUI)

In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense. This offense may be prosecuted with or without any direct evidence of a person’s BAC. The determining factor is whether a person’s ability to drive has been impaired.

Driving is a privilege, and under Connecticut’s Implied Consent Law any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine blood alcohol concentration (BAC).You are legally intoxicated if your BAC is .08 or above. If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher.

Any amount of alcohol will affect your driving ability. Alcohol’s effect is magnified by emotions, physical condition, use of prescription drugs or other types of drugs, some over-the-counter medications and some herbal supplements.

If you are arrested for Operating Under the Influence (OUI):

  • You will be detained by the police and read your rights.
  • Your vehicle will be towed at your expense.
  • You will be transported to the police station in a police cruiser.
  • If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
  • You will be kept in a police lock-up until you are bailed out.

There are two ways to lose your license:

  1. Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.

A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

You may also contact the Administrative Per Se Unit to request a hearing by email at DMV.AdminPerse@ct.gov

Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

 IID requirement for drivers under 21 years old*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .02 or higher 1 year 2 years 3 years

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .08 or higher 6 months 1 year 2 years

IID requirement for ALL drivers*

Refusal of test First Offense Second Offense Third or Subsequent Offense
Refusal to submit to a breath, urine, or blood test 1 year 2 years 3 years

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a, §14-227g, §14-227m, or§14-227n for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i), §14-227a(g), §14-227m(c), or §14-227n(c) whichever is longer. See Section 2 below.

  1. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

 Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, §14-227m, §14-227n*, or §14-111n

Conviction on or after July 1, 2015

First Conviction 45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one year requirement

A first conviction under

§14-227n has the same penalties as a second conviction

Second Conviction 45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three year requirement

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction after January 1, 2012

First Conviction 45 day license suspension

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for one year following restoration

Second Conviction 45 days license suspension, or until 21st birthday, whichever is longer.

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction prior to January 1, 2012

Under Age 21

First Conviction 1 year license suspension
Second Conviction  3 year license suspension, or until 21st birthday, whichever is longer
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Age 21 or older

First Conviction 1 year license suspension
Second Conviction 1 year license suspension
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Manslaughter with a Motor Vehicle,

Connecticut General Statute §53a-56b or §14-111n

Assault with a Motor Vehicle, Connecticut General Statute §53a-60d or §14-111n

First Conviction 1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Second Conviction 1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes §14-111n, §14-227a, §14-227g, §14-227m,§14-227n, §53a-56b or §53a-60d are considered.

For information concerning restoration or IID requirements, you may write or call:

Department of Motor Vehicles

Driver Services Division

60 State Street

Wethersfield, CT 06161-1013

dmv.suspension@ct.gov

Phone: 860-263-5720

Connecticut Statutes

C.G.S.A. § 14-227a

  • 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content

Currentness

(a) 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 (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, “elevated blood alcohol content” 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, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and “motor vehicle” includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379.

(b) 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: (1) 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; (2) 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; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Emergency Services and Public Protection and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least ten 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 (6) 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 ten-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.

(c) 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.

(d) Testing and analysis of blood, breath and urine. The Commissioner of Emergency Services and Public Protection 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 Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54,1governing 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.

(e) 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.

(f) 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.

(g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) 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 (C) have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) 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: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person’s alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person’s operation of a motor vehicle shall be limited to such person’s transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) 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: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person’s alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person’s motor vehicle operator’s license or nonresident operating privilege permanently revoked upon such third offense, except that if such person’s revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111. 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 14-227m, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of section 14-227n, 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, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

(h) Suspension of operator’s license or nonresident operating privilege (1) 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 subsection (g) of this section 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. (2) 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. (3) 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.

(i) Ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served either the suspension required under said subparagraph (C) or the suspension required under subsection (i) of section 14-227b, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, and verifies to the commissioner, in such manner as the commissioner prescribes, that such device has been installed. For a period of one year after the installation of an ignition interlock device by a person who is subject to subparagraph (C) of subdivision (2) of subsection (g) of this section, such person’s operation of a motor vehicle shall be limited to such person’s transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer. Except as provided in sections 53a-56b and 53a-60d, 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.

(2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. No court sentencing a person convicted of a violation of subsection (a) of this section may waive any fees or costs associated with the installation and maintenance of an ignition interlock device.

(3) 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 and shall specify acts by persons required to install and use such devices that constitute a failure to comply with the requirements for the installation and use of such devices, the conditions under which such noncompliance will result in an extension of the period during which such persons are restricted to the operation of motor vehicles equipped with such devices and the duration of any such extension. The commissioner shall ensure that such firm provide notice to both the commissioner and the Court Support Services Division of the Judicial Branch whenever a person required to install such device commits a violation with respect to the installation, maintenance or use of such device.

(4) 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.

(5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section on or after January 1, 2012.

(6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person’s operator’s license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and, if applicable, that such person’s operation of a motor vehicle is limited to such person’s transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and the duration of such restriction or limitation, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device.

(7) There is established the ignition interlock administration account which shall be a separate, nonlapsing account in the General Fund. The commissioner shall deposit all fees paid pursuant to subdivision (6) of this subsection in the account. Funds in the account may be used by the commissioner for the administration of this subsection.

(8) Notwithstanding any provision of the general statutes to the contrary, upon request of any person convicted of a violation of subsection (a) of this section whose operator’s license is under suspension on January 1, 2012, the Commissioner of Motor Vehicles may reduce the term of suspension prescribed in subsection (g) of this section and place a restriction on the operator’s license of such person that restricts the holder of such license to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for the remainder of such prescribed period of suspension.

(9) Any person required to install an ignition interlock device under this section shall be supervised by personnel of the Court Support Services Division of the Judicial Branch while such person is subject to probation supervision, or by personnel of the Department of Motor Vehicles if such person is not subject to probation supervision, and such person shall be subject to any other terms and conditions as the commissioner may prescribe and any provision of the general statutes or the regulations adopted pursuant to subdivision (3) of this subsection not inconsistent herewith.

(10) Notwithstanding the periods prescribed in subsection (g) of this section and subdivision (2) of subsection (i) of section 14-111 during which a person is prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, such periods may be extended in accordance with the regulations adopted pursuant to subdivision (3) of this subsection.

(j) 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.

(k) 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: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) 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 (4) 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.

(lParticipation 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 Branch. 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 seventy-five dollars on any person required by the court to participate in such program.

Credits

(1963, P.A. 616, § 1, eff. Jan. 1, 1964; 1965, Feb.Sp.Sess., P.A. 219; 1967, P.A. 612, § 1, eff. June 21, 1967; 1969, P.A. 450, § 4, eff. June 16, 1969; 1971, P.A. 318; 1971, P.A. 741; 1973, P.A. 73-253, § 4; 1975, P.A. 75-308, § 1; 1976, P.A. 76-6, § 1, eff. March 26, 1976; 1977, P.A. 77-340, § 8; 1977, P.A. 77-614, § 323, eff. Jan. 1, 1979; 1980, P.A. 80-438, §§ 2, 3; 1981, P.A. 81-144, § 1, eff. May 19, 1981; 1981, P.A. 81-446, § 2; 1982, P.A. 82-408, § 2; 1983, P.A. 83-63, §§ 1, 2, eff. May 9, 1983; 1983, P.A. 83-534, § 1; 1983, P.A. 83-571, § 4; 1984, P.A. 84-198, § 3, eff. May 23, 1984; 1984, P.A. 84-429, § 40; 1984, P.A. 84-546, § 43, eff. June 14, 1984; 1985, P.A. 85-387, § 1; 1985, P.A. 85-596, § 1; 1986, P.A. 86-345; 1988, P.A. 88-85; 1988, P.A. 88-302; 1989, P.A. 89-110, § 4; 1989, P.A. 89-314, § 2, eff. Jan. 1, 19901990, P.A. 90-230, § 21, eff. June 8, 19901991, P.A. 91-407, § 9, eff. July 2, 19911993, P.A. 93-271, § 2, eff. June 29, 19931993, P.A. 93-302, §§ 1 to 3; 1993, P.A. 93-371, §§ 2, 4, eff. July 1, 19931993, P.A. 93-381, § 9, eff. July 1, 19931994, P.A. 94-60; 1994, May 25 Sp.Sess., P.A. 94-1, § 18, eff. July 1, 19941995, P.A. 95-257, §§ 12, 21, eff. July 1, 19951995, P.A. 95-314, § 1; 1999, P.A. 99-218, §§ 3, 4, eff. July 1, 19991999, P.A. 99-255, § 1; 2000, P.A. 00-196, §§ 49, 50; 2001, P.A. 01-201, § 1; 2002, P.A. 02-70, § 69, eff. July 1, 20022002, May 9 Sp.Sess., P.A. 02-1, § 108, eff. July 1, 20022003, P.A. 03-278, § 47, eff. July 9, 20032003, P.A. 03-265, § 1; 2004, P.A. 04-257, § 101, eff. June 14, 20042004, P.A. 04-199, § 31, eff. July 1, 20042005, P.A. 05-218, § 28; 2005, June Sp.Sess., P.A. 05-3, § 111; 2006, P.A. 06-147, § 1; 2009, P.A. 09-187, §§ 42, 62, 66; 2010, P.A. 10-110, § 6, eff. July 1, 20102010, P.A. 10-110, §§ 45, 46; 2011, P.A. 11-51, § 134(a), eff. July 1, 20112011, P.A. 11-48, §§ 51, 52, eff. Jan. 1, 20122011, P.A. 11-51, §§ 216, 217, eff. Jan. 1, 20122012, P.A. 12-178, §§ 2, 3, 6, eff. July 1, 20122013, P.A. 13-271, §§ 51 to 53, eff. July 1, 20132014, P.A. 14-228, § 5, eff. July 1, 20152016, P.A. 16-126, § 3.)

Implied Consent

Effective: October 1, 2016

C.G.S.A. § 14-227b

  • 14-227b. Implied consent to test operator’s blood, breath or urine. Testing procedures. License suspension. Hearing

Currentness

(a) Any person who operates a motor vehicle in this state shall be deemed to have given such person’s consent to a chemical analysis of such person’s blood, breath or urine and, if such person is a minor, such person’s parent or parents or guardian shall also be deemed to have given their consent.

(b) If any such person, having been placed under arrest for a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and thereafter, after being apprised of such person’s constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that such person’s license or nonresident operating privilege may be suspended in accordance with the provisions of this section if such person refuses to submit to such test, or if such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, and that evidence of any such refusal shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer shall make a notation upon the records of the police department that such officer informed the person that such person’s license or nonresident operating privilege may be suspended if such person refused to submit to such test or if such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content.

(c) If the person arrested refuses to submit to such test or analysis or submits to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicate that such person has an elevated blood alcohol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator’s license or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a report of the incident and shall mail or otherwise transmit in accordance with this subsection the report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three business days. The report shall contain such information as prescribed by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or analysis, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer’s belief that there was probable cause to arrest such person for a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n and shall state that such person had refused to submit to such test or analysis when requested by such police officer to do so or that such person submitted to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content. The Commissioner of Motor Vehicles may accept a police report under this subsection that is prepared and transmitted as an electronic record, including electronic signature or signatures, subject to such security procedures as the commissioner may specify and in accordance with the provisions of sections 1-266 to 1-286, inclusive. In any hearing conducted pursuant to the provisions of subsection (g) of this section, it shall not be a ground for objection to the admissibility of a police report that it is an electronic record prepared by electronic means.

(d) If the person arrested submits to a blood or urine test at the request of the police officer, and the specimen requires laboratory analysis in order to obtain the test results, the police officer shall not take possession of the motor vehicle operator’s license of such person or, except as provided in this subsection, follow the procedures subsequent to taking possession of the operator’s license as set forth in subsection (c) of this section. If the test results indicate that such person has an elevated blood alcohol content, the police officer, immediately upon receipt of the test results, shall notify the Commissioner of Motor Vehicles and submit to the commissioner the written report required pursuant to subsection (c) of this section.

(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any operator’s license or nonresident operating privilege of such person effective as of a date certain, which date shall be not later than thirty days after the date such person received notice of such person’s arrest by the police officer. Any person whose operator’s license or nonresident operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held in accordance with the provisions of chapter 541 and prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person’s operator’s license or nonresident operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.

(2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B) has previously had such person’s operator’s license or nonresident operating privilege suspended under the provisions of section 14-227a14-227m or 14-227n during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any operator’s license or nonresident operating privilege of such person effective as of the date specified in a notice of such suspension to such person. Any person whose operator’s license or nonresident operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner, to be held in accordance with the provisions of chapter 54. The commissioner shall send a suspension notice to such person informing such person that such person’s operator’s license or nonresident operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed or such operator’s license or nonresident operating privilege is reinstated in accordance with subsections (f) and (h) of this section.

(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.

(g) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose operator’s license or nonresident operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person, the hearing officer or the department and upon a showing of good cause, the commissioner may grant one or more continuances. The hearing shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and (4) was such person operating the motor vehicle. In the hearing, the results of the test or analysis shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, provided such test was commenced within two hours of the time of operation. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases. Notwithstanding the provisions of subsection (a) of section 52-143, any subpoena summoning a police officer as a witness shall be served not less than seventy-two hours prior to the designated time of the hearing.

(h) If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall reinstate such license or operating privilege. If, after such hearing, the commissioner does not find on any one of the said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section. The commissioner shall render a decision at the conclusion of such hearing and send a notice of the decision by bulk certified mail to such person. The notice of such decision sent by bulk certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person’s operator’s license or nonresident operating privilege is reinstated or suspended, as the case may be.

(i) (1) The commissioner shall suspend the operator’s license or nonresident operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing, or against whom a decision was issued, after a hearing, pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice, for a period of forty-five days. As a condition for the restoration of such operator’s license or nonresident operating privilege, such person shall be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the longer of either (A) the period prescribed in subdivision (2) of this subsection for the present arrest and suspension, or (B) the period prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or subdivision (1) or (2) of subsection (c) of section 14-227n for the present arrest and conviction, if any.

(2) (A) A person twenty-one years of age or older at the time of the arrest who submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, six months; (ii) for a second suspension under this section, one year; and (iii) for a third or subsequent suspension under this section, two years; (B) a person under twenty-one years of age at the time of the arrest who submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension under this section, three years; and (C) a person, regardless of age, who refused to submit to a test or analysis shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension, under this section, three years.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a person whose motor vehicle operator’s license or nonresident operating privilege has been permanently revoked upon a third offense pursuant to subsection (g) of section 14-227a or subsection (c) of section 14-227m shall be subject to the penalties prescribed in subdivision (2) of subsection (i) of section 14-111.

(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from or a urine sample provided by an operator of a motor vehicle who was involved in an accident and suffered or allegedly suffered physical injury in such accident, or who was otherwise deemed by a police officer to require treatment or observation at a hospital, shall notify the Commissioner of Motor Vehicles and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content, and if such person was arrested for violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted by a hearing officer on behalf of the commissioner in accordance with chapter 54, suspend the motor vehicle operator’s license or nonresident operating privilege of such person for the appropriate period of time specified in subsection (i) of this section and require such person to install and maintain an ignition interlock device for the appropriate period of time prescribed in subsection (i) of this section. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood or urine of such person indicate that such person had an elevated blood alcohol content; and (5) in the event that a blood sample was taken, whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (k) of section 14-227a. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.

(k) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subdivision (5) of subsection (b) of section 14-227a.

(l) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.

(m) The state shall pay the reasonable charges of any physician who, at the request of a municipal police department, takes a blood sample for purposes of a test under the provisions of this section.

(n) For the purposes of this section, “elevated blood alcohol content” means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, (2) if such person is operating a commercial motor vehicle, a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, or (3) if such person is less than twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.

(o) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

Credits

(1963, P.A. 616, § 2, eff. Jan. 1, 1964; 1965, Feb.Sp.Sess., P.A. 190; 1967, P.A. 656, § 9, eff. June 27, 1967; 1967, P.A. 721, eff. Oct. 1, 1967; 1975, P.A. 75-205; 1980, P.A. 80-438, § 4; 1981, P.A. 81-446, § 3; 1982, P.A. 82-403, § 4; 1982, P.A. 82-408, § 4; 1983, P.A. 83-534, § 2; 1985, P.A. 85-596, § 2; 1989, P.A. 89-314, § 1, eff. Jan. 1, 19901990, P.A. 90-263, § 73, eff. July 1, 19901993, P.A. 93-371, § 1, eff. July 1, 19931994, P.A. 94-189, § 14, eff. Oct. 1, 19941995, P.A. 95-279, § 1, eff. July 6, 19951998, P.A. 98-182, § 20, eff. Jan. 1, 19991999, P.A. 99-255, § 2; 2002, P.A. 02-70, § 72, eff. July 1, 20022002, May 9 Sp.Sess., P.A. 02-1, § 109, eff. July 1, 20022003, P.A. 03-278, §§ 48, 49, eff. July 9, 20032004, P.A. 04-250, § 1; 2005, P.A. 05-215, § 6, eff. Jan. 1, 20062008, Jan.Sp.Sess., P.A. 08-1, § 34, eff. Jan. 25, 20082008, P.A. 08-32, § 1, eff. Aug. 1, 20082009, P.A. 09-187, § 63; 2010, P.A. 10-110, § 27, eff. June 5, 20102012, P.A. 12-81, § 19, eff. July 1, 20122014, P.A. 14-228, § 6, eff. July 1, 20152016, P.A. 16-55, §§ 6, 7, eff. July 1, 20162016, P.A. 16-126, § 17.)

Boating Intoxicated

Boating Under the Influence (BUI)

The following is excerpted from the 2020 Connecticut Boater’s Guide, published by the Connecticut Department of Energy and Environmental Protection (DEEP).

Under Connecticut law, no person may operate a boat or watercraft on Connecticut’s waterways while under the influence of alcohol or drugs. An operator must be free from physical or mental disabilities which might interfere with the control of the boat. The penalties for operating a vessel under the influence of alcohol or drugs in Connecticut have been increased. The laws for boating under the influence mirror motor vehicle law, in which a person shall be considered to be under the influence of intoxicating liquor if the ratio of alcohol in the blood is 8-hundredths (.08) of one percent or more of alcohol, by weight. If you are under 21 years of age the level is .02.

  • The penalty for a first violation may be: a fine between $500 and $1000. One year suspension of boating privileges, 6 months (at least 48 hours which cannot be suspended or reduced) in jail or suspended plus probation requiring 100 hours community service.
  • The penalty for a second violation within ten years may be: a fine between $1000 and $4000, three years suspension of boating privileges, two years (at least 120 days which cannot be suspended or reduced) in jail and probation requiring 100 hours community service.
  • The penalty for a third and subsequent violations within 10 years may be: a fine between $2000 and $8000, suspension of boating privileges for life, three years (at least 1 year which cannot be suspended or reduced) in jail and probation requiring 100 hours of community service.
  • Penalties for refusal to submit to a chemical test are more substantial than failing the test.

SOURCE: Connecticut Department of Energy and Environmental Protection Boating Regulations
U.S. Coast Guard Boating Safety
PREPARED BY211/kq
CONTENT LAST REVIEWED
March2020

Effective: July 1, 2009

C.G.S.A. § 15-133

  • 15-133. Rules for safe operation. Operation of vessel while under the influence of liquor or drugs. Penalties. Records of conviction

Currentness

(a) The rules prescribed by this section shall apply on all state and federal waters.

(b) No person shall use a vessel in a manner that unreasonably or unnecessarily interferes with free and proper navigation. Anchoring under a bridge, in a narrow channel or in a congested water not designated as an anchorage area is such interference, except in case of emergency.

(c) No person shall alter, deface or remove any capacity information label affixed to any vessel.

(d) No person shall operate a vessel: (1) While under the influence of intoxicating liquor or any drug, or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section and sections 15-140l and 15-140n, “elevated blood alcohol content” means: (A) A ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (B) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight. For the purposes of this section and sections 15-132a15-140l15-140n15-140o and 15-140q, “operate” means that the vessel is underway or aground and not moored, anchored or docked.

(e) In any prosecution for a violation of subdivision (1) of subsection (d) of this section, evidence concerning 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 (a) of section 15-140r, shall be admissible only at the request of the defendant.

(f) No person shall operate a vessel or engage in any activity contrary to the regulations adopted by the commissioner.

(g) No person shall moor a vessel to, obstruct, remove, damage or destroy any navigation aid or any device used to mark a restricted area.

(h) Any person who violates the provisions of subsection (d) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) 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 (C) have such person’s safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for one year; (2) for conviction of a second violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) 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 (C) have such person’s safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for three years or until the date of such person’s twenty-first birthday, whichever is longer; and (3) for conviction of a third and subsequent violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) 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 (C) have such person’s safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation permanently revoked upon such third offense.

(i) The suspension of a safe boating certificate or certificate of personal watercraft operation or right to operate a vessel that requires a safe boating certificate for operation imposed under subsection (h) of this section shall take effect immediately upon expiration of any period in which an appeal of any conviction under subsection (d) of this section may be taken, provided if an appeal is taken, the suspension shall be stayed during the pendency of such appeal. If the suspension or revocation takes effect, the defendant shall return, not later than the second business day after the suspension or revocation takes effect, by personal delivery or first class mail, the safe boating certificate or certificate of personal watercraft operation issued to the defendant.

(j) Any person who violates the provisions of subsection (b) of this section shall be fined not more than two hundred dollars. Any person who violates the provisions of subsection (c) or (g) of this section shall be fined not less than one hundred dollars and not more than five hundred dollars. Any person who violates any of the provisions of subsection (f) of this section shall have committed an infraction.

(k) (1) A record shall be kept by the Superior Court of any conviction relating to the operation of a vessel. A summary of such record, with a statement of the number of the operator’s safe boating certificate or certificate of personal watercraft operation shall, not later than five days after such conviction, forfeiture or any other disposition or nolle, be transmitted to the commissioner by such court. Each court shall report each conviction under subsection (d) of this section to the commissioner. The commissioner shall suspend the safe boating certificate or certificate of personal watercraft operation of the person reported as convicted for the period of time required by subsection (h) of this section.

(2) The safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation of a person found guilty under subsection (d) 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 (h) of this section, or until such person attains the age of eighteen years, whichever period is longer.

Credits

(1961, P.A. 520, § 13, eff. Jan. 1, 1962; 1969, P.A. 148, § 1, eff. Jan. 1, 1970; 1971, P.A. 872, § 376, eff. Oct. 1, 1971; 1976, P.A. 76-381, § 23; 1982, P.A. 82-348, § 1, eff. June 4, 1982; 1983, P.A. 83-285, § 1, eff. Oct. 1, 1983; 1985, P.A. 85-106, § 4; 1989, P.A. 89-388, § 18, eff. July 5, 19892003, P.A. 03-244, § 1; 2004, P.A. 04-257, § 24, eff. June 14, 20042009, P.A. 09-140, § 4, eff. July 1, 2009.)

STEVEN TOMEO, ESQ.

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