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Connecticut DUI and Drunk Driving Accident Lawyers

New 2012 Administrative Penalties

Beginning on January 1, 2012, drivers convicted for their first drunk driving offense in Connecticut are required by law to install an ignition interlock device on their vehicle for a year in order to drive their cars. Such a device requires the driver of a vehicle to blow into it, like a breathalyzer, before the car will start. A conviction also carries with it 45 days of a suspended license, down from the year a driver's license would have been suspended under the prior law.

Connecticut joins 15 other states which require installation of the device after a first conviction of drunk driving with a blood alcohol content of over .08, according to Mothers Against Drunk Driving. There are 13 states which require installation of the device for drivers convicted with BACs over .15.

A driver's second drunk driving conviction requires he or she have the interlock device installed on his or her vehicle for three years. That driver's license would also be suspended for 45 days. Prior to January 1, 2012 those convicted for their second drunk driving offense would have their license suspended for a year and would be required to have an interlock device installed on their vehicle for two years.

Recent Studies on Drunk Driving and Drugged Driving Show Significant Ongoing Problems

The attorneys at Jackson O'Keefe, in Hartford, represent men and women throughout Connecticut who have been injured because of drunk driving accidents. Contact the firm for a confidential consultation to discuss your personal injury claim.

Despite longstanding efforts to reduce drunk driving, according to a federal report released on December 9, 2010 last year 30 million Americans drove drunk and another 10 million drove under the influence of illegal drugs. In some states the number of drunk and drugged drivers tops 20 percent, according to the report released by the Substance Abuse and Mental Health Services Administration (SAMHSA) and available for review here.

According to the study, an average of 13.2 percent of people aged 16 and older drove drunk and 4.3 percent drove under the influence of an illegal drug in the past year. The survey's state-by-state breakdown of drunk and drugged driving levels shows significant differences among the states. Some of the states with the highest levels of past year drunk driving were Wisconsin (23.7 percent) and North Dakota (22.4 percent). The highest rates of past year drugged driving were found in Rhode Island (7.8 percent) and Vermont (6.6 percent). States with the lowest rates of past year drunk driving included Utah (7.4 percent) and Mississippi (8.7 percent). Iowa and New Jersey had the lowest levels of past year drugged driving (2.9 percent and 3.2 percent respectively).

Levels of self-reported drunk and drugged driving differed dramatically among age groups. Younger drivers aged 16 to 25 had a much higher rate of drunk driving than those aged 26 or older (19.5 percent versus 11.8 percent). Similarly people aged 16 to 25 had a much higher rate of driving under the influence of illicit drugs than those aged 26 or older (11.4 percent versus 2.8 percent).

Additionally, a report released on November 30, 2010 by the National Highway Traffic Safety Administration (NHTSA) showed post-mortem testing results indicating an increase in the level of drug involvement among fatally injured drivers over a five-year period from 2005 to 2009. According to data compiled by NHTSA, 63 percent of the 21,798 drivers who were killed in motor vehicle crashes in 2009 were tested for drugs. Of these, 3,952 tested positive for drug involvement, representing 18 percent of the total for that year. The report also showed drug use reported by the states among fatally injured drivers increasing from 13 percent in 2005, to 15 percent in 2006, 16 percent in 2007, and 18 percent in 2008. The report can be viewed here.

According to the NHTSA 33,808 people died in traffic crashes in 2009 in the United States (latest figures available), including an estimated 10,839 people who died in alcohol-impaired driving crashes. Drunk driving fatalities accounted for 32% of all traffic deaths that year, that is, on average someone is killed in an alcohol-impaired driving crash about every 50 minutes in the U.S. More than 3 people under the age of 21 die each day in alcohol-impaired driving crashes.


Connecticut Drunk Driving and Impaired Driving -- The Problem Continues

Driving under the influence of alcohol or illicit drugs can pose a significant threat to public safety because these substances can impair perception, cognition, attention, balance, coordination, and other brain functions necessary for safe driving. In the literature , driving while impaired has been linked to reckless driving, car crashes, and fatal accidents. A review of several studies found that between 5 and 25 percent of drivers involved in motor vehicle accidents tested positive for drugs, and 18 percent of motor vehicle driver deaths involved drugs. (Kelly, E., Darke, S., & Ross, J. (2004). A review of drug use and driving: Epidemiology, impairment, risk factors and risk perceptions. Drug and Alcohol Review, 23, 319-344) Furthermore, in 2008, 32 percent of all traffic-related deaths—nearly 12,000 deaths—were the result of alcohol-related crashes. (National Highway Traffic Safety Administration, National Center for Statistics and Analysis. (2009). Traffic safety facts, 2008 data: Alcohol-impaired driving (DOT HS 811 155). Washington, DC: U.S. Department of Transportation. Available as a PDF here.

In Connecticut, available statistics show that the number of prosecutions for drunk driving or impaired driving rose from 11843 in 2000 to 13,169 in 2009. Click here for DUI Statistics. According to the NHTSA, there were 99 alcohol-impaired driving fatalities (including 14 minors) in Connecticut during 2009. While this a 14.5 percent decrease compared to 1999, Connecticut remains among the highest drunk driving problem states. Specifically, Connecticut is one of ten states with the highest rates of drunk driving, in the 17.0% to 23.7% range according to the December 2010 SAMHSA study. Connecticut is in the second tier of states when it comes to drugged driving, with a range of 4.8% to 5.2%.

Percentages of Persons Aged 16 or Older Driving under the Influence of Alcohol in the Past Year, by State: 2006 to 2009
Percentages of Persons
17.0% to 23.7% 14.7% to 16.9% 12.6% to 14.5% 10.5% to 12.5% 7.4% to 10.4%
Connecticut Colorado California Alaska Alabama
Massachusetts Hawaii Delaware Arizona Idaho
Minnesota Illinois District of Columbia Arkansas Kentucky
Montana Iowa Indiana Florida Mississippi
Nebraska Kansas Louisiana Georgia New Jersey
North Dakota Michigan Nevada Maine New Mexico
Rhode Island Missouri Oregon Maryland New York
South Dakota New Hampshire South Carolina North Carolina Utah
Wisconsin Ohio Texas Pennsylvania West Virginia
Wyoming Oklahoma Virginia Tennessee
Vermont Washington

Percentages of Persons Aged 16 or Older Driving under the Influence of Illicit Drugs in the Past Year, by State: 2006 to 2009
Percentages of Persons
5.4% to 7.8% 4.8% to 5.2% 4.3% to 4.7% 3.8% to 4.2% 2.9% to 3.7%
Arkansas Connecticut Alaska Arizona Alabama
Colorado District of Columbia California Florida Iowa
Delaware Maine Idaho Georgia Maryland
Massachusetts Michigan Illiniois Hawaii Mississippi
Montana Minnesota Indiana Kansas New Jersey
New Hampshire Nevada Louisiana Kentucky New York
Oklahoma New Mexico Missouri Nebraska Pennsylvania
Oregon Washington Ohio North Carolina South Dakota
Rhode Island Wisconsin South Carolina North Dakota Texas
Vermont Wyoming Tennessee West Virginia Utah
Virginia



Connecticut's Drunk Driving Statutes

In summary, Connecticut's "drunk driving" or DUI law consists primarily of three statutes, C.G.S. §§ 14-227a, 14-227b and 14-227g. The first prohibits a person from driving while under the influence of alcohol or drugs or with an "elevated" blood alcohol content (BAC). A person is "under the influence" if his ability to drive is affected to an appreciable degree. He or she has an elevated BAC if it is found to be . 08% or more. Section 14-227g prohibits anyone under age 21 from driving with a BAC of . 02% or more. The laws specify evidence admissibility criteria for alcohol and drug tests. They establish criminal penalties and driver's license suspension penalties for violations.

Connecticut General Statutes § 14-227b provides that a person who drives a vehicle has implicitly given consent to submit to drug or alcohol testing. It establishes administrative license suspension procedures for drivers who refuse to submit to a test or whose test results indicate an elevated BAC. (These provisions are called "implied consent" and "administrative per se," respectively. ) An elevated BAC can be . 08% or more or . 02% or more if the driver is under age 21. A different procedure that allows for a more immediate suspension applies if the driver has a prior license suspension for a DUI conviction or has been involved in a fatal accident. The law provides for longer administrative suspension periods for someone whose BAC is . 16% or more. These administrative license suspension penalties are in addition to any suspension penalties imposed for conviction of any criminal DUI charge.

Someone arrested for certain alcohol related offenses can be ordered by the court to operate only motor vehicles equipped with ignition interlock devices as a condition of release on bail or of his or her application for participation in the Pretrial Alcohol Education System. Use of an ignition interlock device (1) may also be substituted for part of the three-year license suspension penalty for certain second DUI criminal offenders, (2) must be imposed as a condition for restoration of a revoked license after a third DUI criminal conviction, and (3) beginning October 1, 2008, must be imposed following the mandatory one-year license suspension following conviction for second-degree manslaughter with a motor vehicle or second-degree assault with a motor vehicle.

Connecticut law also provides for a Pretrial Alcohol Education Program under which certain eligible offenders charged with DUI may successfully complete an alcohol intervention or substance abuse treatment program, as appropriate, and have the DUI charges dismissed.

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

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

Connecticut imposes increased criminal penalties if someone is seriously injured or killed by a driver under the influence of alcohol or drugs. In addition, people found to be "persistent felony offenders" are subject to an increased criminal penalty and the motor vehicles of certain offenders must be impounded for 48 hours.

Connecticut Criminal Penalties for Drunk Driving

In addition to possible license suspension, a person convicted of DUI in Connecticut is subject to the penalties listed below.

Table 1: DUI Criminal Penalties

Conviction Prison Sentence Fine License Suspension
First Either (a) up to six months with a mandatory minimum of two days or (b) up to six months suspended with probation requiring 100 hours of community service $ 500-
$ 1,000		 One year
Second Up to two years, with a mandatory minimum of 120 consecutive days and probation with 100 hours community service $ 1,000- $ 4,000 Three years (or until age 21 if longer)
Third and Subsequent Up to three years, with mandatory minimum of one year and probation with 100 hours community service $ 2,000- $ 8,000 Permanent Revocation

In addition, if the court sentences someone to a period of probation, it may require as a condition of probation that he or she participate in a victim impact panel program approved by the Court Support Services Division. The panel must provide a non-confrontational forum for victims of alcohol or drug related offenses and offenders to share experiences on the impact of alcohol or drug related incidents in their lives. The nonprofit organization that conducts the panel may charge a participation fee of up to $ 25 for any offender ordered to participate.

In assessing these penalties, the law considers as a subsequent conviction one that occurs within 10 years of a prior conviction for the same offense. Also, any conviction that occurs in another state for an offense that the court determines has "substantially the same" essential elements as Connecticut's criminal drunk driving offenses, manslaughter in the 2nd degree with a motor vehicle, or assault in the 2nd degree with a motor vehicle will constitute a prior conviction of the same offense for purposes of determining someone's prior criminal history. (2nd degree manslaughter or assault with a motor vehicle involves driving while under the influence of liquor or drugs.)

The law allows someone whose driver's license has been revoked following a third conviction for driving under the influence of alcohol or drugs to seek restoration of driving privileges after six years, provided the commissioner determines it does not endanger public safety, certain requirements are met, and the person submits to installation and use of a vehicle ignition interlock device (PA 07-167).

The license suspension under this law is stayed while a conviction is being appealed. For a driver under age 18, the suspension period is until he or she turns 18 or the period listed above, whichever is longer. For drivers driving under a work-only driving permit, suspension periods are doubled. In addition to these penalties, the court can order a driver to participate in an alcohol education and treatment program.

Connecticut Victims of Motor Vehicle Accidents Involving Drunk and Drugged Drivers

Drunk drivers can be held criminally responsible for their decision to drive drunk, and a personal injury or wrongful death claim against the drunk driver enables the victim or victim's family to hold the driver civilly responsible. Additionally, Connecticut law allows victims of alcohol-related accidents to pursue liability against commercial establishments in certain circumstances, so-called "dram shop" liability. Restaurants, bars, nightclubs and other establishments as well as social hosts that serve alcohol may have legal responsibility.

Jackson O'Keefe has the knowledge and experience to help if you or a loved one has been the victim of a motor vehicle accident involving a drunk or drugged driver. In addition to assessing and pursuing the legal responsibility of third parties for the loss, we know that sometimes an underinsured or uninsured claim may be necessary against your own insurance company and have the knowledge and experience to pursue such claims for full compensation as well.

The firm understands that the injuries suffered in a car accident can be financially and physically devastating. Jackson O'Keefe has the experience, knowledge and resources to help you recover full and fair compensation for all your losses. If you have suffered a personal injury because of the negligence or carelessness of another person, Jackson O'Keefe can take care of your legal concerns while you heal physically and emotionally. Contact the firm to schedule a confidential consultation to discuss your personal injury claim. Jackson O'Keefe handles catastrophic injury claims involving traumatic brain injury (TBI), spinal cord injury and paralysis, as well as claims for wrongful death.

Connecticut DWI DUI drunk driving statistics update

According to a report issued by the federal government, entitled "Vital Signs: Alcohol-Impaired Driving Among Adults --- United States, 2010":

Background: Alcohol-impaired driving crashes account for nearly 11,000 crash fatalities, or about one third of all crash fatalities in the United States.

Methods: CDC analyzed data from the 2010 Behavioral Risk Factor Surveillance System survey to obtain the prevalence, episodes, and rates of alcohol-impaired driving (defined as driving "when you've had perhaps too much to drink" in the past 30 days) among U.S. adults aged ≥18 years who responded to the survey by landline telephone.

Results: In 2010, an estimated 4 million U.S. adult respondents reported at least one episode of alcohol-impaired driving, for an estimated total of approximately 112 million alcohol-impaired driving episodes or 479 episodes per 1,000 adult population. From a peak in 2006, such episodes decreased 30% through 2010. Men accounted for 81% of all episodes with young men aged 21--34 years accounting for 32% of all episodes. Additionally, 85% of alcohol-impaired driving episodes were reported by persons who also reported binge drinking, and the 4.5% of the adult population who reported binge drinking at least four times per month accounted for 55% of all alcohol-impaired driving episodes. Episode rates were nearly four times higher among persons who reported not always wearing seatbelts compared with persons who reported always wearing seatbelts.

Conclusions: Rates of self-reported alcohol-impaired driving have declined substantially in recent years. However, rates remain disproportionally high among young men, binge drinkers, and those who do not always wear a seat belt.

Implications for Public Health: States and communities should continue current evidence-based strategies, such as sobriety checkpoints and enforcement of 0.08 g/dL blood alcohol concentration laws to deter the public from driving while impaired. Additionally, all states should consider requiring ignition interlocks on the vehicles of all persons convicted of alcohol-impaired driving. States without primary seatbelt laws should consider enacting them to reduce fatalities in alcohol-impaired driving crashes.

Key Points included: Alcohol-impaired driving accounts for about one third of U.S. motor vehicle fatalities, nearly 11,000 deaths per year.

In 2010, 1.8% of U.S. adults (4 million men and women) reported over 112 million episodes of alcohol impaired driving.

Men reported 81% of episodes of alcohol-impaired drivingAbout 5% of adults reported binge drinking at least four times per month, yet accounted for 55% of all alcohol-impaired driving episodes.

Although the prevalence of alcohol impaired driving has declined, it continues to cause thousands of deaths each year. Effective interventions such as sobriety checkpoints and ignition interlocks can reduce alcohol impaired driving.

For the full report, see http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6039a4.htm?s_cid=mm6039a4_w.

This year's statistics represent the lowest percentage of drinking drivers since 1993, the first year the estimates were available. Reasons for the decline might include tough economic times that have people driving less or folks drinking in places that don't require driving, such as home, the researchers said. But with one-third of driving fatalities still linked to alcohol-impaired driving, they wrote, the U.S. still needs better enforcement of laws and policies that cut back on drunk driving -- sobriety checkpoints, minimum-age laws and alcohol taxes, to name a few. "Reasons for the decline in alcohol-impaired driving are not well understood, but possible factors include less discretionary driving as a result of the current economic downturn ... and possible changes in drinking location to places where driving is not required such as at home," the center said in the conclusion of its survey, citing two sources of outside research.

In Connecticut, according to the CT Post, over Labor Day weekend this year, there were 49 arrests for driving while intoxicated -- a sharp decline over the 72 DWI arrests over the same period last year. On Memorial Day weekend in 2010, there were 76 arrests for drinking and driving. This Memorial Day weekend, there was 70 DWI arrests. However, drinking and driving arrests over Fourth of July weekend actually went up between 2010 and 2011, from 59 to 77.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Jackson O'Keefe handles Connecticut motor vehicle accidents involving DUI drunk drivers and drugged drivers cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Griswold, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

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