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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Connecticut Drugged Driving

In Connecticut, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of intoxicating liquor or any drug or both. Conn. Gen. Stat. Ann. § 14-227a(a) (West 2010).

Implied Consent

  • Any person who operates a motor vehicle in Connecticut shall be deemed to have given such person's consent to all requested chemical analysis of their blood, breath, and urine. Id. § 14-227b. However, this shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be unadvisable. Id.
  • The officer is to provide the driver with a reasonable opportunity to telephone an attorney prior to the performance of the test. The test to be preformed will be at the discretion of the officer. Id. § 14-227b(b).
  • If the person refuses the officer will immediately revoke and take possession of the driver's license. Id. § 14-227b(c). A hearing to appeal the suspension may be requested. Id. § 14-227b(m).
  • Evidence of refusal shall be admissible in any criminal prosecution 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. Id. § 14-227a(e).

Penalties

  • First offense – fine of not less than five hundred dollars or more than one thousand dollars; imprisonment for not more than six months; forty-eight consecutive hours mandatory minimum sentence or one hundred hours of community service; operating privilege suspended for one year. Id. §§ 14-227(g)-(l).
  • Second offense (w/i 10 years) –fine of not less than one thousand dollars or more than four thousand dollars; imprisonment for not more than two years (one hundred twenty consecutive days of which may not be suspended or reduced in any manner); one hundred hours of community service; operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer. Id.
  • Third and subsequent offense (w/i 10 years) fine of not less than two thousand dollars or more than eight thousand dollars; imprisonment of not more than three years (one year of which may not be suspended or reduced); one hundred hours of community service; operating privilege permanently revoked. Id.

Sobriety Checkpoints

Connecticut allows law enforcement officials to conduct roadblocks under an interpretation of the state Constitution. The state's interpretation affords more protections than the federal constitution.

  • State v. Mikolinski, 775 A.2d 274 (2001) -- Sobriety checkpoints which are operated neutrally are permissible under Connecticut state constitution prohibiting unreasonable searches or seizures because the state has significant interest in preventing impaired driving. Any intrusion on individual's privacy must be minimal and be weighed against the state's interests which the checkpoints seek to protect.

Case Law

State v. Weisenberg, 830 A.2d 795(2003) – Prosecution does not have to prove the quantity of drugs in the defendant's blood in order to convict a defendant for operating a motor vehicle while under the influence of drugs.

State v. Dalzell, 901 A.2d 706 (2006) -- A driver operating a motor vehicle while under the influence of a drug is one whose mental, physical or nervous processes have become so affected that he loses, to some degree, the ability to control and operate a motor vehicle.

Connecticut Penalties


Incarceration


Fine

Possession

up to 1/2 oz for adults over 21* (first offense)

non-criminal infraction

none

$150

up to 1/2 oz for adults over 21* (subsequent offense)

non-criminal infraction

none

$200-500

1/2 oz to 4 oz (first offense)

misdemeanor

1 year

$1,000

1/2 oz to 4 oz (subsequent offense)

felony

5 years

$3,000

4 oz or more (first offense)

felony

5 years

$2,000

4 oz or more (subsequent offense)

felony

10 years

$5,000

Possession within 1,500 feet of a school

 

2 years MMS**

none

*Under age 21 face additional penalties, including temporary driver's license revocation.
**These minimum mandatory sentences run consecutive to other sentences.

Sale or Cultivation

Any amount

felony

7 years

$25,000

Sale to a minor

felony

3 years MMS**

none

Sale within 1,500 feet of school, public housing or daycare

felony

3 years MMS**

none

**These minimum mandatory sentences run consecutive to other sentences.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession

misdemeanor

3 months

$500

Paraphernalia possession within 1,500 feet of school

felony

1 year MMS**

none

**These minimum mandatory sentences run consecutive to other sentences.
Any conviction can cause suspension or revocation of professional license.

 

Details

 

Possession of 1/2 ounce of marijuana for adults over 21, first offense, is classified as a non-criminal infraction, punishable by a $150 fine. Subsequent offenses may face fines b/n $200-$500. Those under age 21 face additional penalties, including temporary driver's license revocation. Possession of 1/2 ounce to four ounces of marijuana is punishable by up to one year in jail and a fine of up to $1,000 for the first offense. A subsequent offense is punishable by up to five years in prison and a fine of up to $3,000. Possession of four ounces or more of marijuana is punishable by up to five years in prison and a fine of up to $2,000 for a first offense. Subsequent offenses are punishable by up to 10 years in prison and a fine of up to $5,000. Possession of any amount within 1500 feet of a school adds a two-year minimum mandatory sentence to run consecutively with any other sentence imposed.

Cultivation, delivery or sale of marijuana is punishable by up to seven years in prison and a fine of up to $25,000. Sale to a minor adds a two-year mandatory minimum sentence to run consecutively with any other sentence. Sale within 1500 feet of a school, public housing project or day care center adds a three-year mandatory minimum sentence to run consecutively with any other sentence.

Possession of paraphernalia is punishable by up to three months in jail and a fine of up to $500. If the possession of paraphernalia occurs within 1500 feet of a school, an additional one year mandatory minimum sentence is imposed to run consecutively with any other sentence.

Conviction of any violation involving marijuana allows the court to recommend to the licensing boards within the state that the offender's license to practice or carry on his profession be suspended or revoked.

 

 



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