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Under Connecticut General Statutes, Section 14-227a, “no person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits an offense under Section 14-227a, 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….”elevated blood alcohol content” means a ratio of alcohol in the blood of the individual that is eight-hundredths of one per cent (0.08) 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 (0.04) or more of alcohol, by weight…”
If a driver is stopped by a police officer and is arrested and charged with driving under the influence, there are both civil and criminal aspects that an individual must face. Upon being charged under Connecticut General Statutes, Section 14-227a, an individual will receive notice from the Department of Motor Vehicles regarding a hearing to suspend their driver’s license. The length of the suspension is dependent upon the amount of alcohol in their blood at the time of their arrest and at the time of any breathalyzer testing. If an individual’s sobriety test demonstrates that their blood alcohol level is between .08% and .16%, there is a possible license suspension of ninety (90) days. If the individual’s blood alcohol level is greater than .16%, there is a possible license suspension of one hundred and twenty (120) days. On the date of the hearing at the Department of Motor Vehicles, the operator will be able to attend and present evidence and testimony as to why his or her license should not be suspended and why the stop was improper. The Department of Motor Vehicles will then issue a ruling and will either decide to suspend or not to suspend the operator’s license.
Along with this administrative hearing, criminal charges will most likely accompany any arrest for driving under the influence. The penalties for a conviction for driving under the influence can, and often times do, include jail time, however Connecticut is unique in that it offers first time offenders the opportunity to avoid having a driving under the influence conviction on their record.
When an individual is arrested for driving under the influence, he or she is provided a Court date at which he or she must appear in front of the State’s Attorney and Judge to enter a plea of guilty or not guilty. At this point, an individual charged with the DUI would have the opportunity to speak to the State’s Attorney and see a copy of the arrest/incident report. It is recommended that anyone charged with this type of crime retain an attorney, as anything said to the State’s Attorney can be used against him or her at trial. If there are any abnormalities with the procedures used by the arresting officers during the stop, an attorney would be able to identify those abnormalities and challenge the legality of the stop and possibly have the charges dismissed.
Assuming the stop of the individual by the police officer was proper, the individual may be eligible for Connecticut’s Pre-Trial Alcohol Education Program. If the individual has not been charged under a statute that has been excluded from coverage under this Program, he or she would submit to the Court and to the State’s Attorney their application along with a one hundred (100) dollar, non-refundable application fee. The Court would then provide a date upon which the individual would have to return to Court. After that initial Court appearance and submission of the Alcohol Education Program Application, an appointment is made for the driver at a Court appointed location wherein he or she would take part in a self-assessment interview with one of the Program Directors. It is from this interview wherein the interviewer makes a recommendation to the Court as to the driver’s eligibility. Some factors that may affect eligibility include, but are not limited to, any previous instances in which the driver utilized the Alcohol Education Program in Connecticut or in another state, the amount of alcohol in the blood upon testing by the arresting officer, and the answers the driver provides to the questions posed to him or her during the interview.
At the next scheduled Court date, the Court is informed as to the recommendation of the Alcohol Education Program Directors for eligibility, and to the number of classes to which the driver should be assigned. A majority of accepted applicants into the Program are required to take either ten (10) classes, fifteen (15) classes, or are recommended to have a personally tailored plan at a local medical facility. Once the Court is provided with the recommendation of the number of classes, the Court will either accept or reject such recommendation. If the Court accepts the recommendation, a payment in the amount of three hundred fifty dollars ($350.00), or five hundred dollars ($500.00) must be paid on that date depending upon the number of classes that the Court orders. A driver can also expect to be required to attend a Mothers Against Drunk Driver Victim’s Impact Panel, as well as possible community service and possible restitution if there was an accident which included property damage or personal injury. As a driver completes all of these requirements, he or she must provide certificates of completion and proof of community service to the Court, or risk losing eligibility under the Program.
Also at this Court date, a final Court appearance will be scheduled for approximately twelve (12) months later. If all of the classes and requirements have been completed by the driver satisfactorily, and provided the driver has not been arrested in the interim, at this next Court appearance the charges against the driver will be dismissed. Furthermore, there will be no additional Court appearances necessary.
Connecticut offers options for first-time offenders who have been charged with driving under the influence. If you have been arrested and charged with a driving under the influence related offense, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: C.G.S. § 14-227a
