THE SOBERING TRUTH:

TIME TO STRENGTHEN

CONNECTICUT’S DRUNK

DRIVING LAWS

{Chevy Truck Crash as a result of Drunk Driving }   

Lt. Governor Kevin Sullivan

November 2006

THE SOBERING TRUTH: 

TIME TO STRENGTHEN CONNECTICUT’S DRUNK DRIVING LAWS

Drunk driving is a serious and often deadly crime.  Driving “under the influence” of alcohol or drugs is no accident.  Many drunk drivers are serial offenders.  Driving under the influence is no less dangerous when prescription medicines, with or without alcohol or illegal drugs, are involved.  The only answer is tough enforcement coupled with effective prevention and treatment. 

But in Connecticut, despite the efforts of our police and advocates like MADD, state law is still not strong enough.  Connecticut continues to be among the 15 worst states in the nation in terms of drunk-driving related fatalities.[1]  In addition, Connecticut’s first line of defense, “administrative per se” suspension of driving privileges, is understaffed, not well enough coordinated with policing and criminal enforcement, often too litigious and lacks consistent administrative oversight.[2]  In the absence of a streamlined and automated process, as well as more timely communication from state authorities, even a simple drunk driving arrest takes a police officer off the road for hours and is too often not enforced due to routine errors in documentation.         

During the last legislative session, Lt. Governor Sullivan made legislative recommendations to strengthen enforcement of Connecticut’s administrative and criminal penalties.[3]  Several legislative committees were supportive but, in the end, nothing happened.  As a result, however, the Department of Motor Vehicles did take needed steps to improve enforcement procedures – including more direct and timely assistance to law enforcement.  But those who advocate for victims and those who enforce the law still need legislative help.  So, in the interim, Lt. Governor Sullivan convened a working group of representatives from the relevant state agencies, advocates and concerned legislators committed to strengthening drunk driving enforcement.[4]  Based on this initiative, action is recommended during the 2007 legislative session that includes the following: 

ADMINISTRATIVE ENFORCEMENT

Owning and operating a motor vehicle are privileges, not rights.  The state sets the terms and conditions.  In Connecticut, motor vehicle licensure is subject to “administrative per se” enforcement.  Operation of a motor vehicle under the influence of alcohol or drugs, or both, results in suspension or revocation of driving privileges.  This process of civil enforcement was always intended to be relatively simple and expeditious, based on implied consent to non-invasive intoxication testing, a “per se” level of tested intoxication, minimal due process, and loss of driving privileges related to the degree of misconduct.

Experience shows that there are problems in both the law and administration of the law:

·       Standards and procedures are excessively burdensome and constitutionally inappropriate for what is intended to be a simple and expeditious administrative remedy.

·       Insufficient state oversight, and a lack of coordination and communication with state and local police results in letting drunk drivers stay on the road. 

·       What was intended to be a basic administrative hearing prior to suspension or revocation of driving privileges too often becomes an overly lawyered mini-trial and ill-disguised opportunity for discovery in anticipation of parallel criminal prosecution.

·       Penalties are still not sufficient to keep drunk drivers off the road.          

Some of what can be done is administrative and the Department of Motor Vehicles has recently been far more supportive.  DMV is implementing important steps to simplify and automate documentation, assist law enforcement and streamline the “administrative per se” process.  DMV, however, remains understaffed for this critical responsibility.  DMV needs to be forthright in seeking needed resources from the Governor and State Legislature in order to maximize administration and oversight – including greater assistance and more rapid turnaround working with police, better training and communication, greater automation and better performance evaluation to be sure the law is working.   

The Governor and State Legislature also need to take the lead in strengthening state law by enacting:[5]

·       Tougher intoxication standards for commercial vehicle operators (.04) and minors (.02).

·       Significantly increased fines, imprisonment or community service plus vehicle forfeiture for the worst violators.[6]

·       Less time required to complete a second chemical test for intoxication. 

·       Court authority to order license suspension or revocation.

·       Compliance with installation and use of ignition interlock systems. 

·       Use of blood or urine testing results for any related and required hospitalization.

·       Mandatory alcohol education and substance abuse treatment for serial offenders.

·       Extended vehicle impoundment.

·       More time for police to file reports and require DMV to advise police of errors in form or documentation in time for correction. 

·       The scheduling of Administrative hearings to be strictly limited to 30 days, including no more than one 10-day continuance.

·       No limitation on the look-back for prior administrative suspensions.

·       Strictly limit the scope of administrative hearings consistent with non-criminal law standards and based on the documentary evidence submitted by the arresting officer -- with the burden of proof generally shifted to the drunk driver.    

·       DMV-determined treatment programs in conjunction with DMHAS, provided by qualified mental health care professionals and paid for entirely by participants except in cases of indigency.

While the reforms proposed here with respect to ignition interlock devices will improve compliance and deterrence, the technology currently recognized in the state can still be easily overridden.  Therefore, the Department of Motor Vehicles needs to identify and implement as soon as is feasible personally identifiable biometric devices.    

CRIMINAL ENFORCEMENT

Criminal prosecution of drunk drivers necessarily requires a higher level of constitutional scrutiny but, here too, state law seems unnecessarily tilted against enforcement and public safety:                

·       Insufficient state oversight, and a lack of coordination and communication with state and local police results in letting drunk drivers evade punishment and stay on the road. 

·       No state law prohibits “open containers.”

·       Penalties are still not sufficient in keeping drunk drivers off the road, including vehicle forfeiture in worst cases.          

Since administrative and criminal enforcement rely on essentially the same police procedures, the reforms discussed above with respect to administrative per se enforcement will also strengthen criminal enforcement. 

Here too, however, the Department of Public Safety needs to press the Governor and State Legislature for needed resources for the chronically under-staffed State Police, the State Toxicology Laboratory, and local police, all who continue to lack most of the tools of modern law enforcement and who have suffered major cutbacks in federal law enforcement funding.

The Governor and State Legislature also need to strengthen state law:[7]

·       Significantly increased fines, imprisonment or community service plus vehicle forfeiture.[8]

·       Evidence of an open alcoholic liquor container in the interior of a motor vehicle is a rebuttable presumption that the operator committed a Class B misdemeanor of drinking while operating a motor vehicle.

·       Court authority to impose suspension and revocation as well as more effective court reporting of convictions for administrative purposes of license suspension and revocation.

·       No work permit exceptions for serious DUI violators and immediate revocation for violation of work permit conditions.  

Notably, these recommendations for action to strengthen criminal drunk driving enforcement in Connecticut question but do not yet challenge one important limitation.  Based on what appears to be a theory of correction and prevention, state criminal law does not count the first offense as a first offense at all for purposes of subsequent enforcement.  Compliance with conditions of community service and counseling, hopefully intended to intervene in a way that reduces the likelihood of future violation, gives most drunk-drivers a “one strike” pass.  State enforcement authorities need to better monitor and report on the effectiveness of this aspect of the law as well as determining if further action is needed to keep serial drunk drivers off the road.

In addition, at least one state (California) provides that the cost of emergency public safety response in DUI incidents be assessed against the driver.  For purposes of deterrence and to compensate taxpayers for the cost of extraordinary enforcement, the Chief State’s Attorney should work with state and local law enforcement officials as well as public collection authorities, to determine the feasibility of such legislation in Connecticut for at least incidents involving medical emergency response.  Alternatively or additionally, the state should do more to share financial penalties for drunk-driving with state and local police as compensation and incentive for enforcement.

APPENDIX A: STRONGER LEGISLATION

AN ACT STRENGTHENING DRUNK DRIVING ENFORCEMENT

Sec. 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (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, if such person is operating a commercial motor vehicle, as defined in section 14-1; 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 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; 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 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 such 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 did not refuse to take 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 three business day days, 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 Public Safety 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 thirty 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 any such tests 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 twelve-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 and the court may admit the results of the chemical analysis of the defendant’s blood, breath, or urine, notwithstanding any failure or alleged failure to comply strictly with the conditions set forth in subdivisions (3) to (6), inclusive, for good cause shown , including evidence that such failure or alleged failure does not materially affect the validity of such results.

      (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 Public Safety 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 Public Safety shall adopt regulations, in accordance with chapter 54, governing 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) (d) 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) (e) 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) (f) 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 one thousand dollars or more than one two thousand five hundred 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 nine 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 one year; (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 two thousand dollars or more than four five thousand dollars, (B) be imprisoned not more than two three years, one hundred twenty eighty 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 two hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation of subdivision (1) of subsection (a) of this section on account of being under the influence of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; 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 five thousand dollars or more than eight ten thousand dollars, (B) be imprisoned not more than three five years, one year two years 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 three 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 permanently revoked upon such third offense, and (D) forfeit to the state of any motor vehicle operated in violation of subsection (a) of this section, provided such operator held legal title to the vehicle at the time, and the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215.   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 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 or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense. 

      (h) (g) 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 immediately 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) (f) of this section or in accordance with the sentence imposed by the court for such conviction, whichever is longer. The commissioner shall determine the period of time required by said subsection (g) (f) 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 is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (g) of this section, or until such person attains the age of eighteen years, whichever period is longer. (3) 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) (f) of this section. (4) 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) (h) Installation of 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)(ii) of subdivision (2) of subsection (g) (f) of this section to operate a motor vehicle if (A) such person has served completed not less than one year of such suspension, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, and (C) such person has agreed to operate such vehicle only by personally using the installed approved ignition interlock device. 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. (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. (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)(ii) of subdivision (2) of subsection (g) of this section on or after September 1, 2003.

      (j) (i) Participation in alcohol education and treatment program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) (f) of this section, the court may and, for the second and each subsequent conviction, shall order such person to participate in and complete an appropriate alcohol education and substance abuse treatment program.

      (k) (j) 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, or is otherwise determined to require hospital treatment or observation, 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 purpose of 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) (c) 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 such diagnosis or treatment of such injury.

      (l) (k) Participation 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 Department. 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 twenty-five one hundred dollars on any person required by the court to participate in such program.

Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing. (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 operating a motor vehicle while under the influence of intoxicating liquor or any drug or both, and thereafter, after being apprised of such person's constitutional rights incident to lawful arrest, having thereafter 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) (f) 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 forty-eight-hour period. The police officer shall prepare a written report of the incident and shall mail or otherwise transmit in accordance with this subsection he report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three five business days. The report shall be made on a form approved provide 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 operating a motor vehicle while under the influence of intoxicating liquor or any drug or both 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 shall, within ten business days following receipt of such report, notify the police officer submitting the report of any error in form or required documentation.  The Commissioner of Motor Vehicles may accept a police report under this subsection that is prepared and transmitted as an electronic record, including required electronic signature or signatures, subject to such security procedures as the commissioner may specify and in accordance with the provisions of section 1-267. 

      (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 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 license or 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 of the general statutes, 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 five 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 14-227a during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any 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 license or 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 of the general statutes. 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 five 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 unless such license or 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) or (j) 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 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 and shall be conducted by a hearing officer on behalf of the commissioner.  At the request of such person or the The hearing officer, and upon a showing of good cause, the commissioner may grant one continuance for a period not to exceed fifteen ten days. The hearing shall be based on the documentary evidence submitted by the arresting officer and shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the Was such person placed under arrest 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 and conclusive to indicate the ratio of alcohol in the blood of such person at the time of operation, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such person is twelve-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 analysis thereof accurately indicate the blood alcohol content at the time of operation provided that the arresting officer presents evidence that the test or analysis was commenced not later than two hours after 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 paid by the party requesting that the witness be summoned.  The person whose license or nonresident operating privilege is suspended shall have the burden of showing why such license or operating privilege should be reinstated and the hearing officer shall strictly limit the scope of the hearing in conformance with the provisions of this subsection and chapter 54 of the general statutes.    

      (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) or (j) of this section shall remain in force. The commissioner shall render a decision at the conclusion of such hearing or send a notice of the decision by bulk certified mail to such person not later than thirty days or, if a continuance is granted, not later than forty-five days from the date such person received notice of such person's arrest by the police officer. The notice of such decision sent by 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. Unless a continuance of the hearing is granted pursuant to subsection (g) of this section, if the commissioner fails to render a decision within thirty days from the date such person received notice of such person's arrest by the police officer, the commissioner shall reinstate such person's operator's license or nonresident operating privilege, provided notwithstanding such reinstatement the commissioner may render a decision not later than two seven business days thereafter suspending such operator's license or nonresident operating privilege.

      (i) Except as provided in subsection (j) of this section, 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, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for a period of: (1) (A) Except as provided in subparagraph (B) of this subdivision, ninety one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) one hundred twenty eighty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, or (C) six months two hundred forty days if such person refused to submit to such test or analysis,; (2) if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, nine months one year if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) ten sixteen months if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) one year two years if such person refused to submit to such test or analysis,; and (3) if such person has two or more times previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, and the commissioner may also order forfeiture to the state of any motor vehicle operated in violation of this subdivision, provided such operator held legal title to the vehicle at the time, and the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215, (B) two and one-half three years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and the commissioner shall also order forfeiture to the state of any motor vehicle operated in violation of this subdivision, provided such operator held legal title to the vehicle at the time, and the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215, and (C) three and one half years if such person refused to submit to such test or analysis, and the commissioner shall also order forfeiture to the state of any motor vehicle operated in violation of this subdivision provided such operator was in lawful possession of the vehicle at the time, provided that the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215.

      (j) The commissioner shall suspend the operator's license or nonresident operating privilege of a person under twenty-one years of age who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for twice the appropriate period of time specified in subsection (i) of this section.

      (k) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from an operator of a motor vehicle involved in an accident who suffered or allegedly suffered physical injury in such accident or is otherwise determined to require hospital treatment or observation, 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 in connection with such accident. 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 a period of up to ninety days, or, if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section for a period of up to one year the appropriate period specified under subsection (i) of this section.  Each hearing conducted under this subsection shall be based on the documentary evidence submitted by the arresting officer and shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the Was such person placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or drug, or both for violation of section 14-277a; (2) whether such person was placed under arrest; (3) whether was such person was operating the motor vehicle;  (4) (3) whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and (5) (4) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (j) 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. 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 paid by the party requesting that the witness be summoned.  The hearing officer shall strictly limit the scope of the hearing in conformance with the provisions of this subsection and chapter 54 of the general statutes.    

      (l) 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.

      (m) 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.

      (n) 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.

      (o) 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, or (2) if such person is operating a commercial motor vehicle, as defined in section 14-1, 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 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.

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

Sec. 14-227c. Blood or breath samples required following accidents resulting in death or serious physical injury. (a) As part of the investigation of any motor vehicle accident resulting in the death of a person, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in section 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety or by the Office of the Chief Medical Examiner. Nothing in this subsection or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

            (b) A blood or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Public Safety. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Public Safety immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, an emergency medical technician II, a registered nurse, a physician assistant or a phlebotomist. The blood samples obtained from an operator pursuant to this subsection shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety.

Sec. 14-227e. Community service for persons convicted of operation while under the influence of liquor or drug. As used in this section and subsection (g) of section 14-227a:

      (a) (1) "Community service" means the placement of defendants in unpaid positions with nonprofit or tax-supported agencies for the performance of a specified number of hours of work or service within a given period of time.

      (2) "Community service plan" means an agreement between the court and the defendant which specifies (A) the number of required community service hours, (B) the type of agency for placement, (C) the period of time in which the community service will be completed, (D) the tentative schedule, (E) a brief description of the responsibilities, (F) conditions and sanctions for failure to fulfill the plan, and (G) the supervisor of the plan.

(b) In sentencing a defendant to perform community service, the court shall fix the conditions and terms of such sentence and shall review the community service plan and, upon approval, sentence such defendant in accordance with such plan. No sentence of community service shall be imposed without the consent of the defendant.

c) Any organization administering sentences of community service shall prepare and file with the court a copy of all community service plans and shall notify the court when a defendant has successfully completed such plan.

            (d) Any organization administering sentences of community service shall prepare a written statement outlining noncompliance by a defendant and shall without unnecessary delay notify the state's attorney for that judicial district requesting that a hearing be held to determine whether the sentence of community service should be revoked.

            (e) The court may at any time, for good cause shown, terminate the sentence of community service or modify or enlarge the terms or conditions or require the defendant to serve the original incarcerative sentence for violation of any of the conditions of the sentence of community service.

Sec. 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations. (a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a for a conviction of a violation of subsection (a) of said section or under section 14-227b for a second or subsequent time shall participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles.  The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person until such person submits evidence to the commissioner that such person has satisfactorily completed the treatment program. Any person whose certificate is suspended or revoked pursuant to section 15-133, 15-140l or 15-140n shall participate in such treatment program.

            (b) The treatment program shall be designed determined by the commissioner, in consultation with the Commissioner or Mental Health and Addiction Services and with the advice and assistance of. the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment by a qualified mental health care professionals and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by him, in consultation with the Commissioner of Mental Health and Addiction Services, provided the entire costs of the program shall be paid from in accordance with fees charged to the participants, the amounts of which that shall be subject to the approval of the commissioner.

            (c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may, within thirty days, petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to his most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician qualified mental health care professional based upon a personal examination, have a current addiction problem which affects his ability to operate a motor vehicle in a safe manner or pose a significant risk of having such a problem in the foreseeable future. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54.

            (d) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.

Sec. 14-227g. Operation by person under twenty-one years of age while blood alcohol content exceeds two-hundredths of one per cent. Procedures. Penalties. (a) No person under twenty-one years of age shall operate a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property while the ratio of alcohol in the blood of such person is two-hundredths of one per cent or more of alcohol, by weight.

            (b) The fact that the operator of a motor vehicle appears to be sixteen years of age or over but under twenty-one years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a police officer.

            (c) The provisions of subsections (b), (d), (f), (g), (h), (i), (j), and (k) of section 14-227a, adapted accordingly, shall be applicable to a violation of subsection (a) of this section.

Sec. 14-227h. Impoundment of motor vehicle operated by certain persons arrested for operating while under the influence of liquor or drug. Any police officer who arrests a person for a violation of subsection (a) of section 14-227a during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation shall cause the motor vehicle such person was operating at the time of the offense to be impounded for a period of forty-eight not less than seventy-two hours after such arrest. The owner of such motor vehicle may reclaim such motor vehicle after the expiration of such forty-eight seventy two-hour period upon payment of all towing and storage costs.

Sec. 14-227i. Records of police investigation of defendant re operation of motor vehicle while under influence of, or impaired by, intoxicating liquor or drugs. Copies. (a) Notwithstanding any provision of the general statutes, the investigating police department shall maintain any record of a defendant concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs for a period of not less than two years from the date such defendant was charged with a violation of section 14-227a.

            (b) (1) Notwithstanding any other provision of the general statutes, by making a written request to the investigating police department, a person injured in an accident caused by the alleged violation of section 14-227a by any such defendant, any party to a civil claim or proceeding arising out of such accident, or the legal representative of any such person or party may review and obtain regular or certified copies of any record concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs.

      (2) The investigating police department shall furnish regular or certified copies of any such record to any person or the legal representative of such person, or to such party, not later than fifteen days following receipt of such request. The investigating police department shall charge a fee for such copies that shall not exceed the cost to such police department for providing such copies, but not more than fifty cents per page in accordance with section 1-212.

Sec. 14-227j. Court order prohibiting operation of motor vehicle not equipped with ignition interlock device. (a) For the purposes of this section and section 14-227k: "Ignition interlock device" means a device installed in a motor vehicle that measures the blood alcohol content of the operator and disallows the mechanical operation of such motor vehicle until the blood alcohol content of such operator is less than twenty-five thousandths of one per cent.

      (b) Any person who has been arrested for a violation of subsection (a) of section 14-227a, section 53a-56b, or section 53a-60d, may be ordered by the court not to operate any motor vehicle unless (1) such motor vehicle is equipped with an ignition interlock device and (2) such person uses such device to operate the vehicle. Any such order may be made as a condition of such person's release on bail or as a condition of granting such person's application for participation in the pretrial alcohol education system under section 54-56g and may include any other terms and conditions as to duration, use, proof of installation or any other matter that the court determines to be appropriate or necessary.

      (c) All costs of installing and maintaining an ignition interlock device shall be borne by the person who is the subject of an order made pursuant to subsection (b) of this section.

      (d) No ignition interlock device shall be installed pursuant to an order of the court under subsection (b) of this section unless such device has been approved under the regulations adopted by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a.

      (e) No provision of this section shall be construed to authorize the operation of a motor vehicle by any person whose motor vehicle operator's license has been refused, suspended or revoked, or who does not hold a valid motor vehicle operator's license. A court shall inform the Commissioner of Motor Vehicles of each order made by it pursuant to subsection (b) of this section. If any person who has been ordered not to operate a motor vehicle unless such motor vehicle is equipped with an ignition interlock device is the holder of a special permit to operate a motor vehicle for employment purposes, issued by the commissioner under the provisions of section 14-37a, strict compliance with the terms of the order shall be deemed a condition to hold such permit, and any failure to comply with such order shall be sufficient cause for immediate revocation of the permit by the commissioner.

Sec. 14-227k. Avoidance of or tampering with ignition interlock device. (a) No person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a shall (1) request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing such person with an operable motor vehicle, or (2) operate any motor vehicle not equipped with a functioning ignition interlock device or any motor vehicle that a court has ordered such person not to operate.

            (b) No person shall tamper with, alter or bypass the operation of an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a.

            (c) Any person who violates any provision of subsection (a) or (b) of this section shall be guilty of a class C misdemeanor B felony.

            (d) Each court shall report each conviction under subsection (a) or (b) 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 a period of one year two years.

Sec. 54-56g. Pretrial alcohol education system. (a) There shall be a pretrial alcohol education system for persons charged with a violation of section 14-227a, 14-227g, 15-133, 15-140l or 15-140n. Upon application by any such person for participation in such system and payment to the court of an application fee of fifty dollars and a nonrefundable evaluation fee of one hundred dollars, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that: (1) If such person is charged with a violation of section 14-227a, such person has not had such system invoked in such person's behalf within the preceding ten years for a violation of section 14-227a,; (2) if such person is charged with a violation of section 14-227g, such person has never had such system invoked in such person's behalf for a violation of section 14-227a or 14-227g,; (3) such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before or after October 1, 1981, or a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985,; and (4) such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subdivision (1) or (2) of subsection (a) of section 14-227a.    Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education system if such person's alleged violation of section 14-227a or 14-227g caused the serious physical injury, as defined in section 53a-3, of another person. The application fee imposed by this subsection shall be credited to the Criminal Injuries Compensation Fund established by section 54-215.

            (b) The court, after consideration of the recommendation of the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case, may, in its discretion, grant such application. If the court grants such application, it shall refer such person to the Court Support Services Division for assessment and confirmation of the eligibility of the applicant and to the Department of Mental Health and Addiction Services for evaluation. The Court Support Services Division, in making its assessment and confirmation, may rely on the representations made by the applicant under oath in open court with respect to convictions in other states of offenses specified in subsection (a) of this section. Upon confirmation of eligibility and receipt of the evaluation report, the defendant shall be referred to the Department of Mental Health and Addiction Services by the Court Support Services Division for placement in an appropriate alcohol intervention program for one year, or be placed in a state-licensed substance abuse treatment program. Any person who enters the system shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of such person's right to a speedy trial, (3) to complete ten or fifteen counseling sessions in an alcohol intervention program or successfully complete a substance abuse treatment program of not less than twelve sessions pursuant to this section dependent upon the evaluation report and the court order, (4) upon completion of participation in the alcohol intervention program, to accept placement in a treatment program upon recommendation of a provider under contract with the Department of Mental Health and Addiction Services pursuant to subsection (d) of this section or placement in a state-licensed treatment program which meets standards established by the Department of Mental Health and Addiction Services, if the Court Support Services Division deems it appropriate, and (5) if ordered by the court, to participate in at least one victim impact panel. The suspension of the motor vehicle operator's license of any such person pursuant to section 14-227b shall be effective during the period such person is participating in such program, provided such person shall have the option of not commencing the participation in such program until the period of such suspension is completed.  If the Court Support Services Division informs the court that the defendant is ineligible for the system and 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 shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list. If such defendant satisfactorily completes the assigned program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of the defendant's participation in such program submitted by the Court Support Services Division and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing the assigned program the court, upon receipt of the record of the defendant's participation in such program submitted by the Court Support Services Division, may on its own motion make a finding of such satisfactory completion and dismiss the charges. Upon motion of the defendant and a showing of good cause, the court may extend the one-year placement period for a reasonable period for the defendant to complete the assigned program. A record of participation in such program shall be retained by the Court Support Services Division for a period of at least seven years from the date of application. The Court Support Services Division shall transmit to the Department of Motor Vehicles a record of participation in such program for each person who satisfactorily completes such program. The Department of Motor Vehicles shall maintain for a period of at least seven years the record of a person's participation in such program as part of such person's driving record. The Court Support Services Division shall transmit to the Department of Environmental Protection the record of participation of any person who satisfactorily completes such program who has been charged with a violation of the provisions of section 15-133, 15-140l or 15-140n. The Department of Environmental Protection shall maintain for a period of at least seven years the record of a person's participation in such program as a part of such person's boater certification record.

            (c) At the time the court grants the application for participation in the alcohol intervention program, such person shall also pay to the court a nonrefundable program fee of three hundred twenty-five dollars if such person is ordered to participate in the ten-session program and a nonrefundable program fee of five hundred dollars if such person is ordered to participate in the fifteen-session program. If the court grants participation in a treatment program, such person shall be responsible for the costs associated with participation in such program. No person may be excluded from either program for inability to pay such fee or cost, provided (1) such person files with the court an affidavit of indigency or inability to pay, (2) such indigency or inability to pay is confirmed by the Court Support Services Division, and (3) the court enters a finding thereof. If the court finds that a person is indigent or unable to pay for a treatment program, the costs of such program shall be paid for from the pretrial account established under section 54-56k. If the court denies the application, such person shall not be required to pay the program fee. If the court grants the application, and such person is later determined to be ineligible for participation in such pretrial alcohol education system or fails to complete the assigned program, the program fee shall not be refunded. All such evaluation and program fees shall be credited to the pretrial account established under section 54-56k.

            (d) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said department shall adopt regulations in accordance with chapter 54 to establish standards for such alcohol programs. Any person ordered to participate in a treatment program shall do so at a state-licensed treatment program which meets the standards established by said department. Any defendant whose employment or residence makes it unreasonable to attend an alcohol intervention program or a treatment program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application, evaluation and program fees, as appropriate, as provided in this section.

            (e) The court may, as a condition of granting such application, require that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a non-confrontational 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 twenty-five one hundred dollars on any person required by the court to participate in such program.

            (f) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a while operating a commercial motor vehicle, as defined in section 14-1.

Sec. 53a-7. Effect of intoxication. Intoxication shall not be a defense to a criminal charge, but in any prosecution for an offense evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negate an element of the crime charged, provided when recklessness or criminal negligence is an element of the crime charged, if the actor, due to self-induced intoxication, is unaware of or disregards or fails to perceive a risk which he would have been aware of had he not been intoxicated, such unawareness, disregard or failure to perceive shall be immaterial. As used in this section, "intoxication" means a substantial disturbance of mental or physical capacities resulting from the introduction of substances into the body.

Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences. (a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of section 53a-56b or 53a-60d and (2) has, prior to the commission of the present crime and within the preceding ten years, been convicted of a violation of section 53a-56b or 53a-60d or subsection (a) of section 14-227a or been convicted in any other state of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subsection (a) of section 14-227a.

      (b) When any person has been found to be a persistent operating while under the influence felony offender, and the court is of the opinion that his history and character and the nature and circumstances of his criminal conduct indicate that extended incarceration will best serve the public interest, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony and may  order forfeiture to the state of any motor vehicle operated in violation of subsection (a) of this section if the offender was in lawful possession of the vehicle at the time, provided that the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215.

Sec. 53a-56b. Manslaughter in the second degree with a motor vehicle: Class C B felony. (a) A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug, or both, he causes the death of another person as a consequence of the effect of such liquor or drug.

      (b) Manslaughter in the second degree with a motor vehicle is a class C B felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year permanently and shall order forfeiture to the state of any motor vehicle operated in violation of this section if the offender was in lawful possession of the vehicle at the time, provided that the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215.

Sec. 53a-60d. Assault in the second degree with a motor vehicle: Class D C felony. (a) A person is guilty of assault in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.

      (b) Assault in the second degree with a motor vehicle is a class D C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year and the court may order forfeiture to the state of any motor vehicle operated in violation of this section if the offender was in lawful possession of the vehicle at the time, provided that the state shall sell such motor vehicle and deposit the proceeds from such sale to the Criminal Injuries Compensation Fund established pursuant to section 54-215.

Sec. 53a-213. Drinking while operating motor vehicle: Class C  B misdemeanor. (a) A person is guilty of drinking while operating a motor vehicle when he drinks any alcoholic liquor while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. As used in this section, "alcoholic liquor" shall have the same meaning as in section 30-1.  Evidence of the presence of an open alcoholic liquor container in the interior of the motor vehicle shall constitute a rebuttable presumption that the operator was drinking while operating the motor vehicle in violation of this section.

Sec. 14-141. Courts to report convictions and other dispositions to commissioner. A record shall be kept by each court of original jurisdiction of any violation of the laws relating to the registration, equipment and operation of motor vehicles, the licensing of operators or the establishment, maintenance or conduct of a pump or station for the sale of any product to be used in the propelling of motor vehicles using combustion type engines, or to the sale of such product, and of any violation of the provisions of sections 53a-55 to 53a-57, inclusive, when such violation has been caused by the use of a motor vehicle, of any violation of sections 53a-70 to 53a-80, inclusive, or of a violation of the provisions of any other criminal statute in which the use of a motor vehicle is a principal part, of all cases in which any person arrested for such violation forfeits his bail or has his case nolled or judgment or execution suspended, and of all cases in which the court ordered a psychiatric examination under section 53-22; and a summary of such record, with a statement of the number of the operator's license and the registration number of the motor vehicle operated, shall, within five days forty eight hours after such conviction, forfeiture or any other disposition or nolle, be transmitted to the commissioner by such court. Each court shall furnish to the commissioner the details of all such cases heard before it and, in addition to any other penalties, may order or shall make such recommendations as to the suspension or revocation of the licenses of the parties defendant as it deems advisable.

Sec. 14-111n. Reports of comparable convictions. Suspension of operator's license. (a) If the Commissioner of Motor Vehicles receives a report from any member jurisdiction of the conviction in such jurisdiction of any person licensed to operate a motor vehicle in this state, for acts or conduct of the nature described in subsection (b) of this section, the commissioner shall suspend the operator's license of such person for the period of time required for a conviction of the equivalent offense under the provisions of the general statutes, as listed in subsection (b) of this section, for the same acts or conduct occurring in this state.

            (b) For the purpose of the action required to be taken by the commissioner in accordance with subsection (a) of this section, the conviction in another member jurisdiction for an offense involving the following acts or conduct shall be treated as a conviction under the following subdivisions: (1) Manslaughter or assault with a motor vehicle or negligent homicide with a motor vehicle shall be deemed a conviction of a violation of section 53a-56b, 53a-60d or 14-222a; (2) Operation of a motor vehicle while under the influence of alcohol or drugs, or any combination thereof, shall be deemed a conviction of a violation of subsection (a) of section 14-227a; (3) Leaving the scene of an accident or failure to stop and render aid in the event of an accident or collision resulting in the death or personal injury of another shall be deemed a conviction of a violation of either subsection (a) or (b) of section 14-224, depending on the acts or conduct reported and the circumstances as determined by the commissioner; or (4) Unsafe, dangerous or reckless operation of a motor vehicle shall be deemed a conviction of a violation of section 14-222.

            (c) If the commissioner is notified by a member jurisdiction that a person who is the holder of a motor vehicle operator's license issued in this state has been convicted of a felony, in the commission of which a motor vehicle was used, the commissioner shall, if such person's acts or conduct would constitute an offense classified as a felony under section 53a-25, suspend such person's operator's license for such period of time as may be determined by the commissioner.

            (d) If the commissioner is notified by a member jurisdiction that a person who is the holder of a motor vehicle operator's license has been convicted of driving under the influence of alcohol or drugs, in accordance with subdivision (2) of subsection (b) of this section, the commissioner may consider the conviction as a second or subsequent violation of section 14-227a if such person has been convicted previously of a violation of section 14-227a or has been convicted previously of a substantially similar offense in a member jurisdiction, as shown by such person's driver control record, within the past ten years, and the commissioner may impose the suspension for the period of time required for a second or subsequent offense by the provisions of subsection (h) of section 14-227a. It shall not be a defense to a suspension imposed pursuant to this subsection, or subdivision (2) of subsection (b) of this section, that the blood alcohol concentration of the person convicted in a member jurisdiction, or the blood alcohol concentration required for conviction of a per se offense in the member jurisdiction in which the person was convicted, is less than the blood alcohol concentration required for conviction of a per se offense in this state.

 Sec. 14-37a. Special operator's permit for employment purposes. (a) Any person whose operator's license has been suspended pursuant to any provision of this chapter or chapter 248, except pursuant to section 14-215 for operating under suspension, subdivision (3) of subsection (f) of section 14-227a, subdivision (2) of subsection (e) of section 14-227b, section 14-227k or pursuant to section 14-140 for failure to appear for trial, may make application to the Commissioner of Motor Vehicles for a special permit to operate a motor vehicle to and from such person's place of employment or, if such person is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform such person's business or profession.

            (b) The commissioner may, in the commissioner's discretion upon a showing of significant hardship, grant each such application that is submitted in proper form and contains such information and attestation by the applicant as the commissioner may require. In determining whether to grant such application, the commissioner may also consider the driving record of the applicant and shall ascertain that the suspension is a final order that is not under appeal pursuant to section 4-183. A special operator's permit shall not be issued pursuant to this section to any person for the operation of a motor vehicle for which a public passenger transportation permit or commercial driver's license is required or to any person whose operator's license has been suspended previously pursuant to section 14-227b. A special operator's permit shall not be issued pursuant to this section to any person whose operator's license has been suspended pursuant to subparagraph (B) of subdivision (1) of subsection (i) of section 14-227b for refusing to submit to a blood, breath or urine test or analysis until such operator's license has been under suspension for a period of not less than ninety days.

            (c) A special operator's permit issued pursuant to this section shall be of a distinctive format and shall include the expiration date and the legend "work only".

            (d) Any person issued a special operator's permit pursuant to this section who operates a motor vehicle during the period of the permit for a purpose not authorized by the conditions of the permit shall, upon receipt of written report of a police officer, in such form as the commissioner may prescribe, of such unauthorized operation, be subject to a civil penalty of not more than five hundred dollars and immediate revocation of the special operator’s permit by the commissioner.  Any person who makes improper use of a special operator's permit issued pursuant to this section or in any manner alters any such permit or who loans or sells such permit for use by another person shall be subject to the penalties provided by section 14-147.

            (e) If a person issued a special operator's permit pursuant to this section has his operator's license suspended by the commissioner in connection with any motor vehicle violation or other offense for which suspension action is authorized, the special operator's permit shall be deemed revoked on the effective date of such suspension, and any such person with notice of the suspension who operates a motor vehicle shall be operating under suspension and shall be subject to double the penalties provided by the applicable provisions of subsection (b) of section 14-111 and section 14-215.

            (f) Any decision made by the commissioner under this section shall not be subject to appeal pursuant to the provisions of chapter 54 or any other provisions of the general statutes.

            (g) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.

Sec. 54-1q. Court to advise defendant that guilty or nolo contendere plea may have consequence of suspension of driver's license. The court shall not accept a plea of guilty or nolo contendere from a person in a proceeding with respect to a violation of section 14-110, subsection (b) or (c) of section 14-147, section 14-215, subsection (a) of section 14-222, subsection (a) or (b) of section 14-224 or section 53a-119b unless the court advises such person that conviction of the offense for which such person has been charged may have the consequence of the Commissioner of Motor Vehicles suspending such person's motor vehicle operator's license

APPENDIX B: TOUGHER PENALTIES