November 1, 2011
by Cody Guarnieri
Public Act 11-51 §§ 216-220 make some significant changes to the penalty for driving under the influence of alcohol or other drugs in Connecticut. These provisions go into affect on January 1, 2012. First, this Act provides that in addition to a fine and term of imprisonment (or community service), an offender will have their license suspended for a period of forty-five days. Following the forty-five day suspension, the offender can have their license restored only if they have installed a functioning, approved ignition interlock device, which must remain installed for a year. An "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.
For a second offense within a ten year period, in addition to a fine and imprisonment, the offender will again have their operator's license suspended for a period of forty-five days (or, if that person is under 21 years old, until their 21st birthday if that is longer). Following this suspension, the offender can again have their license restored only if they install a functioning and approved ignition interlock device. However, on this second offense, the interlock device must remain installed for a period of three years. For a third offense within ten years the penalty remains the revocation of the operator's license permanently.
Public Act 11-51 also requires that no court sentencing an offender under § 14-227a(a) be able to waive any of the fees and costs associated with the installation or maintenance of an interlock device required under that section. Thus, a person requiring the installation and use of an ignition interlock device is also required to be able to pay to have the device installed and serviced if issues arise. The Commissioner of the Department of Motor Vehicles, in addition to creating rules and regulations relating to the approval, calibration and maintenance of ignition interlock devices, will be responsible for creating regulations relating to what acts constitute a failure to comply with ignition interlock device requirements. A violation of DMV regulations relating to the ignition interlock device will likely result in an extension of the period the offender is required to use the ignition interlock device.
Finally, under the amended C.G.S. § 14-227a(i)(8), for any offender whose license is suspended for a violation driving under the influence of alcohol or other drugs at the time these amendments take effect (January 1, 2012), the Commissioner may reduce the term of the suspension of the offender's license and instead allow those offenders to operate a motor vehicle with a functioning, approved ignition interlock device. Thus, for the remaining period of suspension on the offender's license, the Commissioner may allow that person to operate a vehicle as long as an interlock device is installed.
