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Connecticut Penalty Chart

DUI#
Upon Conviction (The Court Matter)
Upon Arrest
(DMV Matter)

Fine
Imprisonment
License
Other
License
1
$500-$1000 finei
AND
up to 6 months imprison (48 consecutive hours may not be suspended)
or
up to 6 months imprison, suspended, probation with 100 hours community serviceii
AND
1 year suspensioniii
1. Participation in alcohol education and treatment may be ordered by court.iv

2. Court may require ignition interlock device or immobilization devicev
90 day suspension if BAC .08 -.15;

120 suspension if BAC .16 or more;

6 months if test refusalvi
2
$1,000-$4,000 finevii
AND
Up to 2 yrs imprisonment, 120 days of which may not be suspended;
and
Probation with 100 hours community serviceviii
AND
3 yrs suspension
or
1 year suspension plus 2 years with ignition interlock deviceix
AND
Participation in alcohol education and treatment mandatory.x

Court may require ignition interlock device or immobilization device.xi
9 months suspension if BAC .08 - .15

10 months suspension if BAC .16 or more;

1 year if test refusalxii
3
$2,000 - $8,000 finexiii
AND
Up to 3 yrs imprison, 1 year of which may not be suspended
and
Probation with 100 hours community servicexiv
AND
Permanently revokedxv
AND
Participation in alcohol education and treatment mandatory.xvi

Court may require ignition interlock device or immobilization device.xvii
2 years suspension if BAC .08-.15;

2 years suspension if BAC .16 or more;

3 years if test refusalxviii
4
$2,000-$8,000 finexix
AND
Up to 3 yrs imprison, 1 year of which may not be suspended
and
Probation with 100 hours community servicexx
AND
Permanently revokedxxi
AND
Participation in alcohol education and treatment mandatory.xxii

Court may require ignition interlock device or immobilization device.xxiii
2 years suspension if BAC .08-.15;

2 years suspension if BAC .16 or more;

3 years if test refusalxxiv
5
$2,000-$8,000 finexxv
AND
Up to 3 yrs imprison, 1 year of which may not be suspended
and
Probation with 100 hours community servicexxvi
AND
Permanently revokedxxvii
AND
Participation in alcohol education and treatment mandatory.xxviii

Court may require ignition interlock device or immobilization device.xxix
2 years suspension if BAC .08-.15;

2 years suspension if BAC .16 or more;

3 years if test refusalxxx

An “ignition interlock device” measures blood alcohol content of the operator and does not allow operation unless BAC is less than .025.

    1. Conn. Gen. Stat. § 14-227a(g)(1)(A), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    2. Conn. Gen. Stat. § 14-227a(g)(1)(B), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    3. Conn. Gen. Stat. § 14-227a(g)(1)(C), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    4. Conn. Gen. Stat. § 14-227a(j) as amended by PA 04-199, sec. 31, effective July 1, 2004.
    5. Conn. Gen. Stat.14-227b (b), as amended by PA 04-250, sec. 1, effective October 1, 2004, as amended by PA 05-215, sec. 6 effective January 1, 2006.
    6. Conn. Gen. Stat. §14-227b(i)(1) as amended by PA 05-215, sec. 6 effective January 1, 2006.
    7. Conn. Gen. Stat. § 14-227a(g)(2)(A), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    8. Conn. Gen. Stat. § 14-227a(g)(2)(B), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    9. Conn. Gen. Stat. § 14-227a(g)(2)(C), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    10. Conn. Gen. Stat. § 14-227f, as amended by PA 03-265, sec. 21, effective October 31, 2003.
    11. Conn. Gen. Stat.14-227b (b), as amended by PA 04-250, sec. 1, effective October 1, 2004, as amended by PA 05-215, sec. 6 effective January 1, 2006.
    12. Conn. Gen. Stat. § 14-227b(i)(3), as amended by PA 05-215, sec. 6 effective January 1, 2006.
    13. Conn. Gen. Stat. 14-227a(g)(3)(A), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    14. Conn. Gen. Stat. 14-227a(g)(3)(B), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004
    15. Conn. Gen. Stat. 14-227a(g)(3)(C), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004
    16. Conn. Gen. Stat. 14-227f), as amended by PA 03-265, sec. 21., effective October 31, 2003
    17. Conn. Gen. Stat.14-227b(b), as amended by PA 04-250, sec. 1, effective October 1, 2004, as amended by PA 05-215, sec. 6 effective January 1, 2006.
    18. Conn. Gen. Stat. §14-227b(i)(2), as amended by PA 05-215, sec. 6 effective January 1, 2006.
    19. Conn. Gen. Stat. 14-227a(g)(3)(A), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004
    20. Conn. Gen. Stat. 14-227a(g)(3)(B), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004
    21. Conn. Gen. Stat. 14-227a(g)(3)(C), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004
    22. Conn. Gen. Stat. 14-227f, as amended by PA 03-265, sec. 21., effective October 31, 2003
    23. Conn. Gen. Stat.14-227b(b), as amended by PA 04-250, sec. 1, effective October 1, 2004, as amended by PA 05-215, sec. 6 effective January 1, 2006.
    24. Conn. Gen. Stat. §14-227b(i)(3), as amended by PA 05-215, sec. 6 effective January 1, 2006.
    25. Conn. Gen. Stat. § 14-227a(g)(3)(A), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    26. Conn. Gen. Stat. § 14-227a(g)(3)(B), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    27. Conn. Gen. Stat. § 14-227a(g)(3)(C), as amended by PA 03-265, sec. 1., effective October 31, 2003 and PA 04-199, sec. 31, effective July 1, 2004.
    28. Conn. Gen. Stat. 14-227f, as amended by PA 03-265, sec. 21., effective October 31, 2003
    29. Conn. Gen. Stat.14-227b(b), as amended by PA 04-250, sec. 1, effective October 1, 2004, as amended by PA 05-215, sec. 6 effective January 1, 2006.
    30. Conn. Gen. Stat. §14-227b(i)(3), as amended by PA 05-215, sec. 6 effective January 1, 2006.

2005 Statutory Changes

Changes to C.G.S § 14-227a

2005 PA 05-218 §28 effective October 1, 2005 changes §14-227a (i) and would not allow someone to operate a passenger motor vehicle (adjective is new) with interlock ignition device unless certain requirements were met (and never came into effect)

-Initially this meant that no one would be allowed to use the ignition interlock device exception unless they are enrolled or get a waiver saying that they don’t have to participate in a treatment program, and gave the commissioner a lot of discretion as far as requiring an ignition interlock device for someone that has a condition that makes them incapable of operating a car safely (i.e. alcoholism ) and requiring them to use it as long as the commissioner wants. However, this act in turn was repealed by:

June Special Session, Public Act No. 05-3 §111:

Sec. 111. Subdivision (1) of subsection (i) of section 14-227a of the general statutes, as amended by section 28 of public act 05-218, is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

  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) of this section to operate a [passenger] motor vehicle if (A) such person has served 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. 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.

So the legislature took away the special requirements regarding treatment programs and the commissioner’s discretion regarding requiring the ignition interlock device and merely emphasized that this applies only to passenger vehicles

Changes to C.G.S. § 14-227b

2005 PA 05-215 §6 effective January 1, 2006 added section j:

  1. 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.

This section effectively makes the penalty (license suspension) much stiffer (twice as long) for a person under 21 who essentially fails to appear or schedule a suspension hearing. But as it added a section, all of the subsequent section letters are moved forward one letter:

  1. (k) Notwithstanding the provisions of subsections (b) to [(i)] (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 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 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. Each hearing conducted under this subsection shall be limited to a determination of the following issues: 1)Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; 2)whether such person was placed under arrest; 3)whether such person was operating the motor vehicle; 4)whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and 5)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.
  2. (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.
  3. (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.
  4. (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.
  5. (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 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.
  6. (p) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

Changes to C.G.S. §14-227j(a)

2005 PA 05-218 § 19 effective October 1, 2005
Only passenger vehicles can use the ignition interlocking device.

Changes to Conn. Gen. Stat. § 14-111

2005 PA 05-215 §1 effective October 1, 2005 added a new section:

Section 1. (NEW) (Effective October 1, 2005) Any person whose motor vehicle operator's license has been suspended who operates a motor vehicle after the expiration of such period of suspension without obtaining the reinstatement of such license shall (1) during the first sixty days after such expiration, be deemed to have failed to renew such license and be subject to the penalty for failure to renew a motor vehicle operator's license under subsection (c) of section 14-41 of the general statutes, and (2) after said sixty-day period, be subject to the penalty for operating a motor vehicle without a license under section 14-36 of the general statutes, as amended by this act. Any operator so charged shall not be prosecuted under section 14-215 of the general statutes, as amended by this act, for the same act constituting a violation under this section.

Essentially this means that once the period of license suspension is over for the first 60 days if they drive before renewing their license they will be charged with failure to renew their license and after that period they will be considered to be operating without a license but NOT driving under suspension.

2005 PA 05-215 §2 effective October 1, 2005 changed §14-111(b) and made the penalty for a second violation of §14-215 (driving while license is suspended) a suspension of their license for at least two years whereas before it was a mandatory five years.

Changes to 14-37a (work permit)

2005 PA 05-215 §7 effective October 1, 2005 made §14-37a (b) applicable to those convicted under 14-227a as well as 14-227b and thus means that those who have been convicted under 14-227a and then commit a second violation (which has to have happened after the first conviction) and who are convicted ineligible to receive a special operator’s permit.

Changes to 14-44k (commercial driver’s license)

2005 PA 05-218 §21 effective October 1, 2005 changes §14-44k (c):

  1. In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle for one year if the commissioner finds that such person has refused to submit to a test to determine such person's blood alcohol concentration while operating any motor vehicle, or has failed such a test when given, pursuant to the provisions of section 14-227b. For the purpose of this subsection, a person shall be deemed to have failed such a test if, when driving a commercial motor vehicle, the ratio of alcohol in the blood of such person was four-hundredths of one per cent or more of alcohol, by weight, or if, when driving any other motor vehicle, the ratio of alcohol in the blood of such person was eight-hundredths of one per cent or more of alcohol, by weight.

-Thus now a commercial driver’s license will be suspended for a year if they failed or refused a blood test. If they were driving a commercial vehicle they will be deemed to have failed the test if they had .04 BAC or greater, or if not driving a commercial vehicle if they had .08 or greater.

No Changes to Statutes:

  • 14-227e
  • 14-227g
  • 14-141
  • 14-137a
  • 14-227f
  • 53a-56b
  • 53a-60d
  • 54-56g
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