DWI (Driving While Intoxicated) One of the most common and unforgiving crimes is driving while intoxicated and typically referred to as DWI or DUI. Connecticut treats this offense with extreme seriousness because of the risks involved with the operation of a motor vehicle while intoxicated. When an individual is arrested for DWI in Connecticut he or she must resolve the case in two separate forums. A DWI offender is prosecuted for the crime in Superior Court, but also faces suspension of his or her operating privileges at the Department of Motor Vehicles (DMV) after an Administrative Per Se Hearing. The penalties imposed by the court and the DMV can overlap. You have a right to an attorney during the entire DWI proceeding. This forum requires the expertise of an attorney who is experienced in all of the issues that arise at both the Administrative Per Se Hearing and the criminal prosecution. The following is an outline of what happens in both the Courthouse and DMV setting . I. The Law:
A. Criminal Prosecution - Connecticut General Statute 14-227a : Connecticut general statute 14-227a is the statute that prohibits operation while under the influence. The statute specifically states: 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 he operates 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 (1) while under the influence of intoxicating liquor or any drug or both or (2) while the ratio of alcohol in the blood of such person is eight-hundredths of one per cent or more of alcohol, by weight (.08). The standard for minors is two-hundredths of one percent or more of alcohol by weight (.02). Connecticut has created a pretrial alcohol education program to allow people who are eligible to resolve a first time DWI. This program is discussed in greater detail in the programs sections. II. Legal limits of alcohol in the blood : IF 21 YEARS OF AGE OR OLDER = .08 III. Criminal Penalties : Criminal penalties for DWI are court imposed. These penalties are progressive in nature and only take effect upon a conviction. A conviction can occur as the result entering a plea of guilty or after losing at a trial. The following is a breakdown of the penalties associated with DWI offenses. Each DWI penalty has five components, a monetary fine, jail, probation, community service and suspension of license.
IV. Suspension of License/Administrative Per Se Hearing - Connecticut General Statute 14-227b : Operation of a motor vehicle in the state of Connecticut is not a right it is a privilege bestowed from the Commissioner of Motor Vehicles. When you are arrested for DWI the privilege of operating a motor vehicle can be suspended regardless with what happens with the criminal aspect of the case. One faces suspension of his or her driving privileges when he or she refuses to submit to a blood alcohol test or fails to pass a chemical alcohol test in violation of 14-227b. These penalties are in addition to any penalty imposed by the court. Hearing : If you are arrested for DWI and you fail a chemical alcohol test or refuse to submit to a chemical alcohol test you will be sent a notice that your license was suspended and the reason for the suspension. You have 7 days as of the date of that notice to request a hearing at the department of motor vehicles. The hearing allows you to respond to the claim that you either refused or failed the chemical alcohol test. 4 Issues : The hearing is limited to four issues set forth in 14-227b, that is: (1) Did the police have probable cause to arrest you for one of the offenses listed in Section 14-227b; (2) Were you placed under arrest; (3) Did you refuse to submit to such test or analysis; and (4) Were you operating the motor vehicle. The hearing officer must make an affirmative finding on all four issues. If the hearing officer does not then your driving privileges will be restored. If the hearing officer makes an affirmative finding on all four issues then your license will be suspended. V. Suspensions : Like the criminal DWI statute suspensions increase on the basis of blood alcohol levels and prior DWI suspensions. The following is a breakdown of the suspensions that can be levied by the Department of Motor Vehicles. Keep in mind that these suspensions are not part of the suspensions imposed by the Superior Court after a plea of guilty or a conviction.
VI. Pretrial Alcohol Education Program - 54-56g Benefit of program First time violators of alcohol related motor vehicle offenses are eligible for this program. If accepted, the court will require the applicant to attend at least ten alcohol counseling sessions (if the applicant's blood alcohol level is over .16 the minimum number of classes is fifteen) run by the bail commissioner's office. The applicant must also agree to placement in a treatment program if recommended. The applicant cannot be convicted of a subsequent DWI during the one year probationary period. If after a one year period, the applicant successfully completes the counseling classes, the defendant may then move for a dismissal of the DWI charge. The erasure statute then applies. If the defendant fails to complete the program, the case is restored to the active docket. Please be aware the AEP program does not satisfy the Department of Motor Vehicles requirements under the Administrative Per Se Law (14-227b). Eligibility criteria The applicant has been charged with a violation of 14-227a (driving under the influence of drugs or alcohol). The applicant has not used the alcohol education program in the past ten years. The defendant has not in the past been convicted of crimes of manslaughter with a motor vehicle while intoxicated, assault with a motor vehicle while intoxicated, nor driving while intoxicated. Unless good cause is shown, an applicant shall be ineligible for participation in the alcohol education program if his DWI violation causes serious physical injury to another person. There is a court imposed application, evaluation and program fee totaling no more than $650.00.
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