DEALING WITH IT

DEALING WITH IT

A CITIZEN’S GUIDE TO THEDUI/DWI JUSTICE SYSTEM

IN CONNECTICUT2nd Edition

BYATTORNEY JAY RUANE

Ruane Attorneys At LawBridgeport, CT

Edited by Sean Barrett

Copyright © 2005

All Rights Reserved

Ruane Attorneys At Law

for my parents

TABLE OF CONTENTS

FOREWORD 1

INTRODUCTION 3

CHAPTER 1THE BASICS 6

CHAPTER 2THE DUI LAW 10

CHAPTER 3ALCOHOL: WHY & HOW 25

CHAPTER 4THE ROLE OF THE POLICE 34

CHAPTER 5THE FIELD SOBRIETY TESTS 39

CHAPTER 6THE INTOXILYZER 5000 68

CHAPTER 7THE DMV PROCESS 75

CHAPTER 8DRIVERS’ LICENSE POINTS 82

CHAPTER 9RECORDS, INSURANCE & CDL 86

CHAPTER 10THE CRIMINAL PROCESS 94

CHAPTER 11LICENSE SUSPENSION 111

CHAPTER 12BOATING UNDER THE INFLUENCE 116

CONCLUSION 123

APPENDIX ACOMMON MOTOR VEHICLE SUSPENSIONS 124

APPENDIX BOUR TEAM 126

I am a warrior. I fight battles for people ill equipped to

contest their attacker. I fight for the underdog, the man

who stands alone against a power, which when

unchecked, can easily extinguish the light of liberty

which has been preserved for centuries by the

bloodshed of our best and brightest. Oftentimes, except

for my client, I stand alone. I stand alone in the face of

unending governmental resources and finances. I stand

alone and have to be counselor and advocate. I stand

alone in society, shunned by peers unable to recognize

the role I play. I make no representations or demand

applause. I do what I do because I believe in the

Constitution. I do what I do because sometimes a

person needs a champion. I do what I do because it is

who I am, down to the core. I am a warrior.

ATTORNEY VINCE TUCCI

1

FOREWORD

This book has been a work in progress for over 2 years. It

amazes me how often the same questions arise from client to

client, and from case to case, and how, until this book, no one

has taken the time to explain the DUI justice system in a way

that a layperson can understand. All too often lawyers tend to

speak in legal language, effectively shutting out regular persons

from fully understanding the legal complexities of their cases.

Even at court, a most troubling and stressful time, the system

seems bent on proceeding with such confusing rules that even

some attorneys have trouble deciphering them.

Into this morass of confusion walks the DUI defendant.

This is usually their first, and only, brush with the justice system.

The complicated concepts of science and evidence further wreck

havoc on the accused, oftentimes imparting a feeling of

hopelessness. The purpose of this book is to provide a resource

for persons accused of DUI or DWI in Connecticut, and to help

clear the fog of the justice system.

This book would not have been possible without the help,

support and encouragement of many people, and since this may

be my own chance to thank them, I will do so right here and now:

2

My ParentsPat and Jim Ruane taught me to love learning and how to strive

for the best I can be, as an attorney and person.

My brother Brendan and sister GenevieveFor keeping me laughing.

William C.”Bubba” HeadFor the encouragement to devote myself to DUI Defense and

suggestion to write this book.

“The Firm”—Lisa, Morgan, Pat and CliffyWhat more can I say - Thank you.

The UConn Criminal ClinicBoot Camp was worth it. Make sure every student knows it.

The Rahilly FamilyFor inviting me in and making me feel like a member of the

family.

The Sullivan brothersFor “inspiring” me to get into DUI Defense.

James O. Ruane

July 2005

3

INTRODUCTION

This book is meant to serve as an introduction to the legal

concepts and scientific principles which are found commonly in

DUI cases in Connecticut. It is not meant, in any way, to

supplant earnest representation by a skilled, qualified DUI

defense attorney.

The prosecution of DUI cases has evolved over time, and

so has the DUI defense attorney. Years ago, DUI was a minor

issue, and the punishments

were similarly minor. The

last 30 years, however,

have fundamentally altered

the landscape of DUI

prosecutions and defense.

More and more, citizens are

turning to highly skilled DUI attorneys to represent them in the

defense against the charges coming from the state.

As the penalties grow, from originally a modest fine to the

recent punishment of vehicle seizure, financial penalties in the

thousands and potential (and sometimes mandatory)

incarceration, honest and hardworking citizens without any prior

involvement with the criminal justice system find themselves cast

as a “substance abuser” and a scourge to society. In some

4

states, and in a limited way in Connecticut, prosecutors are not

free to just drop a DUI case without going before a Court and

giving a reason why and more strict limitations

are sure to come in the future. The blood

alcohol threshold has evolved over time as

well, starting at 0.15, and now at 0.08. It is possible that one day

we could be facing a zero tolerance for any mixture of alcohol

and driving, with or without actual impairment.

Throughout these chapters you will find more in depth

information about DUI, the law, the science and the myths in

Connecticut. If you have any

questions, please feel free to

contact us at our office

(Appendix B). A DUI allegation

can cause restless nights and

panic for even the calmest of

persons. Your questions are

important and you should have a

FULL understanding of all the

legal predicaments you are

facing. Many people just fold in

the face of such opposition, but by simply opening this book you

have taken a step which many people do not do and for that you

should be proud of yourself. Read the following pages to see

5

how you may better assist in your own defense, and don’t

hesitate to speak to an attorney about your case. Many

attorneys will offer a free consultation. Put the attorney to a test,

because, in a way, your life is in their hands, and you deserve

the absolute best defense!

6

THE BASICSCHAPTER 1

In the state of Connecticut, you are legally intoxicated if

your blood alcohol content (BAC) is a .08 or higher. If you are

under the legal age to consume alcohol (21 years old), you are

considered legally intoxicated if you have a BAC of .02 or higher.

Connecticut has an Implied Consent Law that states that every

person who operates a motor vehicle has consented to take a

test to determine their blood alcohol content at any time while

they are operating a motor vehicle. A person who operates a

motor vehicle under the influence of alcohol or drugs will face

both criminal and administrative charges (See Figures A and B).

The criminal charges require an appearance in court to

prosecuted for DUI. The administrative charges deal with the

automatic suspension of your license by the DMV. The Court

and DMV are totally independent of each other, however both

carry serious penalties.

If you are arrested for a DUI in the state of Connecticut:

♦ You will be detained by the police and read your rights.

♦ You will be handcuffed.

♦ Your vehicle will be searched.

♦ Your vehicle will be towed at your expense.

7

♦ You will be taken in a police cruiser to the police

station.

♦ You will be asked to submit to a BAC test.

♦ You will be kept in a police lock-up until you are bailed

out or released by a judge through an in-court

arraignment.

At the Connecticut Department of Motor Vehicles (the

“DMV”) all applications for new licenses and renewals are

reviewed for previous DUI convictions in other states as well as

other serious offenses prior to issuing the license. If a person

applying for a Connecticut State license has a previous DUI in

another state, it is considered a prior offense within Connecticut

if a license is administered.

Connecticut uses many different techniques when

detecting and apprehending drunk drivers which include sobriety

checkpoints, blanket patrols, publicized

enforcement campaigns, standardized

field sobriety testing, preliminary breath

tests, mobile videotaping and BAT

Mobiles. Identifying drunk drivers who

continue the same behavior of heavy

drinking followed by driving is essential

in effectively keeping them off the road.

8

The state of Connecticut has over 3.5 million drivers and on

average, about 20,000 DUI arrests each year. Any person

convicted of DUI will have “at risk driver” imprinted on the back

of their license to easily identify them.

For first time offenders, there is a chance, however, to

enter into a diversion program. The offender may be allowed to

enter into a pre-trial education program for alcohol abuse and it

is possible for the court to dismiss charges upon completing the

program satisfactorily. The rehabilitation can take the form of

outpatient or inpatient treatment.

After conviction, whether after plea or trial, judges most often

order defendants to go through an alcohol assessment and

evaluation program to determine the level and scope of their

problems with alcohol. Treatment for all offenders is mandatory

and without successful completion of treatment, license

reinstatement will not occur.

IMPORTANT NOTE:If the DMV suspends your license to drive for a DUI arrest orconviction and you are found operating any vehicle, you willface a MANDATORY 30 DAY JAIL SENTENCE which cannot

be reduced by a judge unless the judge finds mitigatingcircumstances.

9

DMV Administrative Penalties

Blood AlcoholContent

FirstOffense

SecondOffense

ThirdOffense

Refusal of Tests 6 Months 1 Year 3 Years

Above 0.02 & Under 21 90 Days 9 Months 2 Years

Above 0.08 & Below 0.16 90 Days 9 Months 2 Years

Above 0.16 120 Days 10 Months 2.5 Years

Figure A

Criminal Penalties

FirstOffense

SecondOffense

ThirdOffense

Fines: $500 - $1000 $1000 - $4000 $2000 - $8000

Jail Time:

6 Months

48 HoursMandatory

or100 Hours ofCommunity

Service

2 Years

120 DaysMandatory

and100 Hours ofCommunity

Service

3 Years

1 YearMandatory

and100 Hours ofCommunity

Service

LicenseLoss:

1 Year 3 Years PermanentRevocation

Figure B

10

THE DUI LAWCHAPTER 2

Connecticut General Statutes

Section 14-227a. Operation while under theinfluence of liquor or drug or while having an elevated bloodalcohol content. (a) Operation while under the influence orwhile having an elevated blood alcohol content. 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 such person 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 such person has an elevated

blood alcohol content. For the purposes of this section, "elevated

blood alcohol content" means a ratio of alcohol in the blood of

such person that is eight-hundredths of one per cent or more of

alcohol, by weight.

lysis. Except as

in any criminal

of this section,

In State v. Ducatt, 22 Conn. App. 88, 575 A.2d 708,

cert. denied, 217 Conn. 804, 584 A.2d 472 (1990), The

Appellate court addressed the issue of what constitutes

operation of a motor vehicle within the meaning of § 14-227a

(a) (1). They concluded that an individual "operates a motor

vehicle within the meaning of General Statutes § 14-227a (a)

when, while under the influence of alcohol or any drug and

l its movements,

ery of the motor

driver's position

ement, whether

statute does not

stablished. This

determinative as

er even has to

ar gas, and the

11

(b) Admissibility of chemical anaprovided in subsection (c) of this section,

prosecution for violation of subsection (a)

while in the vehicle and in a position to contro

he manipulates, for any purpose, the machin

or any other machinery manipulable from the

that affects or could affect the vehicle's mov

the accused moves the vehicle or not." The

require that intent to move the vehicle be e

established the "keys in the ignition" rule as

whether a car is "in operation" The car nev

move, or a person never has to give the c

element of "operation has been met."

12

evidence respecting the amount of alcohol or drug in the

defendant's blood or urine at the time of the alleged offense, as

shown by a chemical analysis of the defendant's breath, blood or

urine shall be admissible and competent provided: (1) The

defendant was afforded a reasonable opportunity to telephone

an attorney prior to the performance of the test and consented to

the taking of the test upon which such analysis is made; (2) a

true copy of the report of the test result was mailed to or

personally delivered to the defendant within twenty-four hours or

by the end of the next regular business day, after such result

was known, whichever is later; (3) the test was performed by or

at the direction of a police officer according to methods and with

equipment approved by the Department of Public Safety and

was performed in accordance with the regulations adopted under

subsection (d) of this section; (4) the device used for such test

was checked for accuracy in accordance with the regulations

adopted under subsection (d) of this section; (5) an additional

chemical test of the same type was performed at least thirty

minutes after the initial test was performed or, if requested by the

police officer for reasonable cause, an additional chemical test of

a different type was performed to detect the presence of a drug

or drugs other than or in addition to alcohol, provided the results

of the initial test shall not be inadmissible under this subsection if

reasonable efforts were made to have such additional test

performed in accordance with the conditions set forth in this

subsection and such additional test was not performed or was

not performed within a reasonable time, or the results of such

additional test are not admissible for failure to meet a condition

set forth in this subsection; and (6) evidence is presented that

the test was commenced within two hours of operation. In any

prosecution under this section it shall be a rebuttable

presumption that the results of such chemical analysis establish

the ratio of alcohol in the blood of the defendant at the time of

the alleged offense, except that if the results of the additional test

indicate that the ratio of alcohol in the blood of such defendant is

twelve-hundredths of one per cent or less of alcohol, by weight,

and is higher than the results of the first test, evidence shall be

presented that demonstrates that the test results and the

analysis thereof accurately indicate the blood alcohol content at

the time of the alleged offense.

Breath Testing and AdmissibilityIn State v. Nokes, the court held that although the

language calls for a rebuttable presumption for the chemical

evidence to go to the jury, it should be charged as a

permissive inference in the jury charge so as to not shift the

burden of the evidence away from the prosecution

itynable to identify

Accordingly, the

ause it could not

accordance with

13

Blood Testing and AdmissibilIn State v. Coughlin. the State was u

the person who drew the defendant’s blood.

Defense moved to preclude the evidence bec

be shown that the blood draw was done in

14-227l.

content. In any

subsection (a) of

The State, at trial, offered the testimony of the Vivian

Weinberger, who testified that the emergency room policy

was to have the blood drawn by a person who would have

fulfilled the statute’s requirements. The Court held that the

procedure of the hospital to have a qualified person draw the

blood, even in the absence of proof that a qualified person

drew the blood of the defendant, was sufficient to allow the

onjunction with

blood tests done

nt. Kirsh argued

because it was

cause it still did

he methodology

agreed with the

found that the

tal was a sound

t 15 years in the

ce, the Supreme

od evidence of

14

(c) Evidence of blood alcohol prosecution for a violation of subdivision (1) of

blood test results into evidence

When State v. Kirsch is read in c

Coughlin, it is apparent that from now on, all

at hospitals will come in against the defenda

that the mere acceptance of the blood test

qualified under statute 52-180 was in error be

not obviate the need for a Porter hearing on t

of the blood analysis. The Supreme Court

premise, however, the Supreme Court also

methodology of blood collection in the hospi

and scientifically valid method used for at leas

diagnosis and treatment of patients. In essen

Court has then permanently permitted Blo

intoxication.

15

this section, reliable evidence respecting the amount of alcohol

in the defendant's blood or urine at the time of the alleged

offense, as shown by a chemical analysis of the defendant's

blood, breath or urine, otherwise admissible under subsection (b)

of this section, shall be admissible only at the request of the

defendant.

(d) Testing and analysis of blood, breath and urine.The Commissioner of Public Safety shall ascertain the reliability

of each method and type of device offered for chemical testing

and analysis purposes of blood, of breath and of urine and certify

those methods and types which said commissioner finds suitable

for use in testing and analysis of blood, breath and urine,

respectively, in this state. The Commissioner of Public Safety

shall adopt regulations, in accordance with chapter 54, governing

the conduct of chemical tests, the operation and use of chemical

test devices, the training and certification of operators of such

devices and the drawing or obtaining of blood, breath or urine

samples as said commissioner finds necessary to protect the

health and safety of persons who submit to chemical tests and to

insure reasonable accuracy in testing results. Such regulations

shall not require re-certification of a police officer solely because

such officer terminates such officer's employment with the law

enforcement agency for which certification was originally issued

and commences employment with another such agency.

(e) Evidence of refusal to submit to test. In any

ction (a) of this

to submit to a

ance with section

requirements of

tisfied. If a case

In fact, our state Toxicologist has testified that the

Intoxilyzer machine, as it is created to function, does not

comply with the written requirements for alcohol testing.

Despite that fact, judges routinely allow the evidence in

against criminal defendants.

criminal prosecution for a violation of subse

section, evidence that the defendant refused

blood, breath or urine test requested in accord

14-227b shall be admissible provided the

subsection (b) of said section have been sa

16

involving a violation of subsection (a) of this section is tried to a

jury, 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.

(f) Reduction, nolle or dismissal prohibited. If a

person is charged with a violation of the provisions of subsection

(a) of this section, the charge may not be reduced, nolled or

dismissed unless the prosecuting authority states in open court

such prosecutor's reasons for the reduction, nolle or dismissal.

(g) Penalties for operation while under theision of subsection

a first violation, (A)

or more than one

not more than six

hich may not be

Because of this part of the Law, many prosecutors are

unwilling to reduce or drop a DUI case. Many times, they

would rather go to trial and lose then drop a case. That way,

they can “blame” the jury and not lose face with MADD,

judges and other prosecutors.

influence. Any person who violates any prov

(a) of this section shall: (1) For conviction of

be fined not less than five hundred dollars

thousand dollars, and (B) be (i) imprisoned

months, forty-eight consecutive hours of w

17

suspended or reduced in any manner, or (ii) imprisoned not more

than six months, with the execution of such sentence of

imprisonment suspended entirely and a period of probation

imposed requiring as a condition of such probation that such

person perform one hundred hours of community service, as

defined in section 14-227e, and (C) have such person's motor

vehicle operator's license or nonresident operating privilege

suspended for one year; (2) for conviction of a second violation

within ten years after a prior conviction for the same offense, (A)

be fined not less than one thousand dollars or more than four

thousand dollars, (B) be imprisoned not more than two years,

one hundred twenty consecutive days of which may not be

18

suspended or reduced in any manner, and sentenced to a period

of probation requiring as a condition of such probation that such

person perform one hundred hours of community service, as

defined in section 14-227e, and (C) (i) have such person's motor

vehicle operator's license or nonresident operating privilege

suspended for three years or until the date of such person's

twenty-first birthday, whichever is longer, or (ii) if such person

has been convicted of a violation of subdivision (1) of subsection

(a) of this section on account of being under the influence of

intoxicating liquor or of subdivision (2) of subsection (a) of this

section, have such person's motor vehicle operator's license or

nonresident operating privilege suspended for one year and be

prohibited for the two-year period following completion of such

period of suspension from operating a motor vehicle unless such

motor vehicle is equipped with a functioning, approved ignition

interlock device, as defined in section 14-227j; and (3) for

conviction of a third and subsequent violation within ten years

after a prior conviction for the same offense, (A) be fined not less

than two thousand dollars or more than eight thousand dollars,

(B) be imprisoned not more than three years, one year of which

may not be suspended or reduced in any manner, and

sentenced to a period of probation requiring as a condition of

such probation that such person perform one hundred hours of

community service, as defined in section 14-227e, and (C) have

19

such person's motor vehicle operator's license or nonresident

operating privilege permanently revoked upon such third offense.

For purposes of the imposition of penalties for a second or third

and subsequent offense pursuant to this subsection, a conviction

under the provisions of subsection (a) of this section in effect on

October 1, 1981, or as amended thereafter, a conviction under

the provisions of either subdivision (1) or (2) of subsection (a) of

this section, a conviction under the provisions of section 53a-56b

or 53a-60d or a conviction in any other state of any offense the

essential elements of which are determined by the court to be

substantially the same as subdivision (1) or (2) of subsection (a)

of this section or section 53a-56b or 53a-60d, shall constitute a

prior conviction for the same offense.

(h) Suspension of operator's license ornonresident operating privilege. (1) Each court shall report

each conviction under subsection (a) of this section to the

Commissioner of Motor Vehicles, in accordance with the

provisions of section 14-141. The commissioner shall suspend

the motor vehicle operator's license or nonresident operating

privilege of the person reported as convicted for the period of

time required by subsection (g) of this section. The

commissioner shall determine the period of time required by said

subsection (g) based on the number of convictions such person

20

has had within the specified time period according to such

person's driving history record, notwithstanding the sentence

imposed by the court for such conviction. (2) The motor vehicle

operator's license or nonresident operating privilege of a person

found guilty under subsection (a) of this section who is under

eighteen years of age shall be suspended by the commissioner

for the period of time set forth in subsection (g) of this section, or

until such person attains the age of eighteen years, whichever

period is longer. (3) The motor vehicle operator's license or

nonresident operating privilege of a person found guilty under

subsection (a) of this section who, at the time of the offense, was

operating a motor vehicle in accordance with a special operator's

permit issued pursuant to section 14-37a shall be suspended by

the commissioner for twice the period of time set forth in

subsection (g) of this section. (4) If an appeal of any conviction

under subsection (a) of this section is taken, the suspension of

the motor vehicle operator's license or nonresident operating

privilege by the commissioner, in accordance with this

subsection, shall be stayed during the pendency of such appeal.

(i) Installation of ignition interlock device. (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

21

section to operate a 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 or who has not enrolled in the treatment program

established under section 14-227f or obtained a waiver from the

requirement to participate in such program pursuant to

subsection (c) of said section 14-227f, shall be eligible to operate

a motor vehicle equipped with an approved ignition interlock

device. (2) If the commissioner determines that any person

whose license has been suspended in accordance with the

provisions of subsection (h) of this section may have a condition

that would render such person incapable of safely operating a

motor vehicle, the commissioner may, as a condition of the

reinstatement of such license, require that such person only

operate a motor vehicle that is equipped with a functioning,

approved ignition interlock device for such period of time as may

be prescribed by the commissioner. (3) All costs of installing and

maintaining an ignition interlock device shall be borne by the

person required to install such device. (4) The commissioner

shall adopt regulations, in accordance with the provisions of

chapter 54, to implement the provisions of this subsection. The

regulations shall establish procedures for the approval of ignition

22

interlock devices, for the proper calibration and maintenance of

such devices and for the installation of such devices by any firm

approved and authorized by the commissioner. (5) The

provisions of this subsection shall not be construed to authorize

the continued operation of a motor vehicle equipped with an

ignition interlock device by any person whose operator's license

or nonresident operating privilege is withdrawn, suspended or

revoked. (6) The provisions of this subsection shall apply to any

person whose license has been suspended in accordance with

the provisions of subparagraph (C)(ii) of subdivision (2) of

subsection (g) of this section on or after September 1, 2003.

(j) Participation in alcohol education andtreatment program. In addition to any fine or sentence imposed

pursuant to the provisions of subsection (g) of this section, the

court may order such person to participate in an alcohol

education and treatment program.

(k) Seizure and admissibility of medical records ofinjured operator. Notwithstanding the provisions of subsection

(b) of this section, evidence respecting the amount of alcohol or

drug in the blood or urine of an operator of a motor vehicle

involved in an accident who has suffered or allegedly suffered

physical injury in such accident, which evidence is derived from a

23

chemical analysis of a blood sample taken from or a urine

sample provided by such person after such accident at the scene

of the accident, while en route to a hospital or at a hospital, shall

be competent evidence to establish probable cause for the arrest

by warrant of such person for a violation of subsection (a) of this

section and shall be admissible and competent in any

subsequent prosecution thereof if: (1) The blood sample was

taken or the urine sample was provided for the diagnosis and

treatment of such injury; (2) if a blood sample was taken, the

blood sample was taken in accordance with the regulations

adopted under subsection (d) of this section; (3) a police officer

has demonstrated to the satisfaction of a judge of the Superior

Court that such officer has reason to believe that such person

was operating a motor vehicle while under the influence of

intoxicating liquor or drug or both and that the chemical analysis

of such blood or urine sample constitutes evidence of the

commission of the offense of operating a motor vehicle while

under the influence of intoxicating liquor or drug or both in

violation of subsection (a) of this section; and (4) such judge has

issued a search warrant in accordance with section 54-33a

authorizing the seizure of the chemical analysis of such blood or

urine sample. Such search warrant may also authorize the

seizure of the medical records prepared by the hospital in

connection with the diagnosis or treatment of such injury.

24

(l) Participation in victim impact panel program. Ifthe court sentences a person convicted of a violation of

subsection (a) of this section to a period of probation, the court

may require as a condition of such probation that such person

participate in a victim impact panel program approved by the

Court Support Services Division of the Judicial Department.

Such victim impact panel program shall provide a

nonconfrontational forum for the victims of alcohol-related or

drug-related offenses and offenders to share experiences on the

impact of alcohol-related or drug-related incidents in their lives.

Such victim impact panel program shall be conducted by a

nonprofit organization that advocates on behalf of victims of

accidents caused by persons who operated a motor vehicle

while under the influence of intoxicating liquor or any drug, or

both. Such organization may assess a participation fee of not

more than twenty-five dollars on any person required by the

court to participate in such program.

25

ALCOHOL: WHY & HOWCHAPTER 3

The most commonly used intoxicating substance in

society today is alcohol. Alcohol is an organic compound, which

can be defined as a compound that is comprised of naturally

occurring elements with carbon atoms.

The most common members of the

alcohol family include ethanol and

methanol. The alcohol in a beverage is

ethyl alcohol or ethanol, which

molecularly is H3C2-OH. The OH

group at the end of the group of

molecules is what makes the compound

an alcohol. When alcohol is ingested

into the body, it passes from the

stomach into the small intestine where it

is then absorbed by the blood and

transposed throughout the body.

Because of the quick pace that alcohol

moves throughout the entire body, it

can reach and affect the central

nervous system even in small concentrations. The more alcohol

that is ingested, the more it will impact the central nervous

26

system and act as a central nervous system depressant. The

functioning of the central nervous system is greatly effected and

is proportionately affected by the amount of alcohol consumed.

Alcohol impairs each of the functioning systems of the

body differently (See Figure C). Alcohol consumption can cause

the central nervous system to impair motor skills, decrease

inhibitions, impair judgment and body control, induce mental

confusion, vomiting, tiredness and respiratory arrest, which could

result in death. For the most part, people in the United States

know their limit and control their alcohol intake without problems.

The Increasing Impact of Intoxication on the Human

Figure C

27

Alcohol enters the body through absorption, which is the

first stage of a three stage process of absorption, distribution and

elimination. The three processes happen simultaneously, with

absorption happening first, as it is necessary to introduce the

alcohol into the body.

Absorption of alcohol is the process by which alcohol is

transferred from outside the body to the stomach, small intestine

and then throughout the body through the bloodstream. Once

ingested, alcohol is constantly absorbed into, and eliminated

from the body. The rate of absorption is variable and is affected

by the presence of food in the stomach, food composition

(carbohydrates or fats), the alcohol concentration of the

beverage consumed (See Figure D), the rate of consumption,

uptake from the stomach and duodenum, emotional state, and

the time of day. Ingested alcohol that has not yet been absorbed

from the stomach and intestines has no neurological effects and

cannot cause driving impairment. Conversely, alcohol that has

been fully absorbed may cause driving impairment, if at a level

which impairs driving. Consequently the timeframe in which

alcohol is absorbed into the bloodstream and the corresponding

volume absorbed are matters of great significance in predicting

an ultimate blood alcohol concentration.

28

Beverage Alcohol Content (%)Beers (lager) 3.2 - 4.0

Ales 4.5Porter 6.0Stout 6.0 - 8.0

Malt Liquor 3.2 - 7.0Sake 14.0 - 16.0

Table wines 7.1 - 14.0Sparkling wines 8.0 - 14.0Fortified wines 14.0 - 24.0

Aromatized wines 15.5 - 20.0Brandies 40.0 - 43.0Whiskies 40.0 - 75.0Vodkas 40.0 - 50.0

Gin 40.0 - 48.5Rum 40.0 - 95.0

Tequila 45.0 - 50.5Figure D

The gastrointestinal tract is the main source for absorbing

alcohol, although it is absorbed by different parts of the body

through blood diffusion. The small intestine has a large surface

area and is the most efficient part of the tract for alcohol

absorption. In a person with an empty stomach, peak blood

alcohol concentrations are achieved on average 0.75 to 1.35

hours depending upon dose and last meal and those without an

empty stomach exhibit peak blood alcohol concentrations

between one and six hours, but on average between 1.06 and

29

2.12 hours depending on quantity consumed and most recent

meal.

The ingestion of food will slow the absorption of alcohol

into a person’s bloodstream.

The pyloric valve will close off

the bottom of the stomach to

contain the food ingested

therefore blocking the alcohol

from reaching the small intestine.

The alcohol will still absorb

through the lining of the stomach,

but this process is much slower,

and the alcohol that is suppressed within the stomach is

eliminated from the body at a faster rate.

Any medications that you are taking can increase the

effects of alcohol, so be sure to check the labels on the

medications or consult a physician before drinking and taking

medication. Some medications will react violently when

combined with alcohol and antibiotics may become ineffective

when taken in combination with alcohol.

The different types of alcohol that a person ingests can

affect the consumption rate due to the difference in the actual

concentrations of alcohol in different alcoholic beverages. If a

drink has an alcohol concentration between 10% and 30% such

30

as beers, malt liquor and many table wines, they are absorbed

more quickly than those above 30% and below 10%. This often

plays a role in the increasing blood alcohol level after a person

ingests a “shot” prior to leaving the social event. The shot will

absorb much slower than the beer he or she may have been

drinking, and may increase a person’s blood alcohol level while

the person is in police custody. Those drinks with lower alcohol

content tend to be missed by the body while in the

gastrointestinal tract and they absorb very slow and large

quantities can delay the process of gastric emptying. Amounts

31

higher irritate the mucous membranes causing increased

secretion of the mucous and again slowing the process of gastric

emptying. Therefore, two people with similar body types can

drink the same amount of alcohol but if the individuals are of

different weights then one will have a larger percentage water in

the body and therefore will become intoxicated less quickly. An

individual with more muscle mass will most likely be less affected

than someone with a higher body fat content due to the fact that

fatty tissue does not contain very much water and will therefore

not absorb much of the alcohol.

At any particular blood alcohol content, a driver may be

significantly less impaired than another due to a greater

tolerance to the effects of alcohol. For this reason, a driver’s

apparent sobriety as seen through an obvious lack of impairment

or a demonstration that the driver could perform tasks in a sober

manner, sometimes may be used as evidence to rebut an

incriminating blood-alcohol test result.

The blood alcohol concentration within a person’s bodyis a function of the total amount of alcohol in one’s body

systems divided by the total body water.

32

Two Types Of Tolerance

Functional

Metabolic

Average Total Body Water as a function of Sex and Age

Figure E

Gender can also play a part in the elimination of alcohol.

On average, women tend to eliminate alcohol at a rate that is

10% greater than men do. When a person has prolonged or

heavy use of a drug, a tolerance is developed, and therefore, it is

eliminated at a faster pace. There are two types of tolerance that

men and women should understand. The first is functional

tolerance that can be described

as a change in the organ or the

system’s sensitivity to alcohol

or drugs. This is seen with

chronic users of alcohol where

their system and organs have adapted to the abuse the chronic

user has done over the years to the body that their body has a

functional tolerance to accept twice that of an average person.

The second type of tolerance is called metabolic tolerance.

Chronic users of alcohol can develop this type of tolerance and

will allow the rate of the metabolism of alcohol rise to a level that

is 72% faster than the average person. In this tolerance, the

person’s body is constantly creating alcohol dehydrogenate, an

enzyme which enables the body to process alcohol. Although

Age Male Female18 to 40 61% 52%Over 60 51% 46%

33

chronic users can handle larger quantities of alcohol, studies

have shown that they still have impairment at the .08% BAC

level. Elimination of alcohol is processed by the liver, the last

stop in the in the absorption and elimination process of alcohol.

The majority of alcohol that is ingested is eliminated through

normal body metabolism and the remainder is eliminated through

excretion in one’s breath, urine, sweat, feces, and saliva. A

normal person will

eliminate alcohol at

a rate of .5 oz of

alcohol every hour,

however, there are

things that can

affect that rate.

Alcohol elimination

rate is inversely

proportionate to the concentration of alcohol within the blood. If

the concentration of alcohol is extremely high or low, the rate at

which the body eliminates the alcohol tends to be much faster.

As a person gets older, their ability to metabolize alcohol

diminishes, but alcoholics still tend to metabolize alcohol in their

bodies much faster. If an individual consumes alcohol at a rate

faster than the rate of elimination this will result in a higher blood

alcohol concentration for a longer period of time.

Reasonable &Articulable SuspicionA police officer has a

good faith belief that

something contrary to

the laws is going on, but

is not sufficient yet to

o the level of

ble cause to

that something

pened or is

appening.

THE ROLE OF THE POLICECHAPTER 4

The first thing to understand

in a DUI case is the reason why the

police even make contact with a

driver in the first place. Through

the International Association of

Chiefs of Police (IACP) and the

National Highway Transportation

Safety Authority (NH

division of the U.S. Depa

Transportation, a series o

clues” have been recog

indications that a person

operating under the

When a trained police off e driving clues, it

gives the officer a reaso continue with an

investigation. The clues n into 5 distinct

categories, Maintaining La e, Braking, Speed

and Judgement.

rise t

proba

believe

hap

h

TSA), a

rtment of

f “driving

nized as

may be

influence.

icer sees one of thes

nable suspicion to

can be broken dow

ne Position, Vigilanc

34

35

Maintaining Lane Position

Maintaining Lane Position tends to be difficult for impaired

drivers. A driver under the influence has an erratic driving

pattern and several events can identify them to the police.

Drifting, weaving, swerving and wide turns can identify an

impaired driver quickly.

Drifting can be defined

as moving in a forward

direction, but with a

slight angle. Many

times the driver will drift

towards the centerline

or the median slowly,

correct the problem and begin to drift in the opposite direction.

Weaving is when a car moves side to side from one lane to

another usually moving around other vehicles. When a person

under the influence operates a vehicle, they can be viewed

weaving even without the presence of other vehicles. Another

sign of an intoxicated driver is one who comes extremely close to

other objects, vehicles or even people. Drivers under the

influence also tend to make wide turns. The driver may travel

into the other lane when initiating the turn or while making it.

36

Vigilance

A driver’s vigilance is their ability to be aware of their

surroundings, to be alert and take notice of their environment so

that they may react

appropriately. Driving into

oncoming traffic and

inconsistent signaling are two

vigilance problems that can

indicate driver intoxication.

Driving into oncoming traffic occurs because the driver is not

aware of their surroundings and is not alert and watching traffic

signs. Improper signaling is also a sign that a driver may be

intoxicated. A driver that is disoriented may signal and then turn

in the opposite direction. This action is easily visible to officers

of the law as well as other drivers signaling that there is a

problem. According to former New Jersey State Trooper and

DUI expert Gary Aramini, driving at night without headlights is

one vigilance problem that is a very common action of drunk

drivers. Their vision is usually impaired and they do not even

notice that they do not have their headlights on.

Braking

Oftentimes, an intoxicated driver can be viewed easily by

the way that they stop their vehicle. Abrupt stops are a key sign

37

as well as stopping too far from or beyond the line on the road.

Stopping too far from objects or hitting objects such as parking

blocks or parking in spots at improper angles are also key signs

of an intoxicated driver.

Speed

Slow speed can be enough reasonable suspicion to pull

over a driver. Speeding is not a typical sign of drunk driving

because driving at faster speeds requires faster reflexes which

an intoxicated driver does not possess. Vehicles moving at slow

or extremely slow speeds along with varying speeds such as

slowing down and then speeding up can be determinants of

drunk driving. Oftentimes, however, the initial contact with a

driver is the result of an officer citing speeding as a reason for

the initial stop of the arrested person.

Judgment

Many times the judgment of a driver is impaired when

they are driving under the influence of alcohol or drugs. Illegal

38

turns such as turning when a “No Turn on Red” is marked or

turning and driving on one way streets or medians are judgment

problems that often occur when a driver is under the influence.

Driving on anything other than designated roadway such as

center medians, shoulders or even grass on the sides or center

of the road can also be sure signs that the operator of the motor

vehicle is intoxicated.

Keeping the roads safe is a primary task of police officers,

especially the officers on duty in the late evening and early

morning hours, the “high time” for DUI arrests. If they determine

that there is a possibility that a driver of a motor vehicle is

impaired, they will not hesitate to pull the driver over and

investigate further. If you are detained, always remember to be

polite, as it may be that you are being audio or videotaped.

39

THE FIELD SOBRIETY TESTSCHAPTER 5

Standardized Field Sobriety Tests (SFST) are

psychophysical tests. A test is an "objective" and "standardized"

measure of a sample of behavior, focusing on three elements:

1) Objectivity: Aspects of a test are based on objective

criteria, such as the scoring or the interpretation of the

score, and not influenced by the subjective opinion of

examiner.

2) Standardization: There is uniformity of procedure in

the administration, scoring and interpretation of the

test and results.

3) Behavior Sample: A representative sample of a

person's behavior from which one can draw inferences

and hypotheses.

A test is not a psychological X-ray, nor does it necessarily reveal

hidden conflicts and forbidden wishes.

Psychological tests must meet three criteria: (1)

Reliability, (2) Standardization, and (3) Validity. Tests are used

40

by a variety of professionals, including psychologists, special-

education teachers, guidance counselors, psychiatrists, speech

therapists, nurses and engineers.

Psychophysical tests should require evaluation of the

subject's appearance and condition, ability to follow instructions,

as well as balance and coordination. These types of tests are

called Divided Attention Tests, for they require the subject to

concentrate on more than one thing at a time, dividing the

subject's attention between mental and physical tasks. Studies

have shown that a person who is under the influence of an

alcoholic beverage may be able to perform one of these tasks

but rarely both. If under the influence of an alcoholic beverage,

people are likely to make certain predictable errors while

attempting these tasks. Since the mid 1970's, the National

Highway Traffic Safety Administration (NHTSA), with the

cooperation and assistance of the law enforcement community,

has conducted research that resulted in the development of a

battery of three standardized field sobriety tests: Horizontal Gaze

Nystagmus, Walk and Turn and the One Leg Stand to assist

police officers in detecting impaired drivers.

The program, which was previously termed the Improved

Sobriety Testing, was validated in laboratory and field studies

conducted by the Southern California Research Institute. These

tests were initially developed by the Los Angeles Police

41

Department and the methodology of conducting these tests is

included in the NHTSA course "DWI Detection and Standardized

Field Sobriety Testing."

In 1986, the Advisory Committee on Highway Safety of

the International Association of Chiefs of Police (IACP) passed a

resolution which recommended that law enforcement agencies

adopt and implement the field sobriety testing program

developed by NHTSA.

As the program grew, it

became apparent that

in order to insure

continued success,

nationally accepted

standards should be

established.

Standardization that established criteria for the selection and

training of SFST practitioners would help insure the continued

high level of success of the SFST program. In 1992, the IACP

Highway Safety Committee recommended the development of

this system of nationally accepted standards.

In April of 1992, the IACP and NHTSA sponsored a

meeting at the headquarters of IACP in Arlington, Virginia.

Persons invited to this meeting included SFST instructors from

several states, curriculum specialists and training administrators.

42

The participants met in working groups to reach a consensus

concerning the many issues relating to the SFST program and to

develop recommended minimum standards to the IACP Advisory

Committee on Highway Safety. The standards were drafted and

presented to the committee for their review at the mid-year

meeting in June 1992.

The Advisory Committee on Highway Safety by resolution

adopted the National Standards for the SFST Program and

voting membership of the IACP subsequently approved the

Standards. In order to

maintain the credibility

and integrity of the

program, agencies that

use a training program

other than that which is

currently approved by

the IACP must have the

alternative curriculum approved by the IACP Advisory Committee

on Highway Safety as meeting the required learning objectives.

This is supported by the National Highway Traffic Safety

Administration. Presently, SFST Training for Police officers (and

the few DUI Defense Attorneys, including Attorney Ruane, who

have been taught the regimen) must be 16 hours in length and

include at least two controlled drinking sessions utilizing

43

volunteer drinkers. This is in accordance with section 1.2 of the

Standards for Training in Standardized Field Sobriety Testing. In

section 1.4, in order to satisfactorily complete the classroom

portion of the training, SFST candidates must complete the

IACP-approved final examination with a score of not less than

eighty percent. Candidates scoring less than 80% on the final

may be re-tested one time under the supervision of a SFST

instructor. The retest shall be completed not less than 15 days

and not more than 30 days following the completion of the

classroom training, and the examination used shall not have

been administered to the candidate previously. If the candidate

does not achieve a passing score on reexamination, the

candidate must retake the classroom portion of the training and

pass the final examination.

The U.S. DOT requires 35 practice tests within a six

month period, but local and State Police have varying

requirements based on their own department’s criteria. A refusal

of a chemical test cannot be considered a practice test, as a

blood alcohol reading must corroborate the evaluation of the

suspect. The officer is trained to conduct the HGN test last

during his practice test period and not to formulate an opinion

based on the results or use it for probable cause to arrest. They

are told not to document the test due to this.

44

At no time may a person that is tested be used more than

once on a practice test. As a result of this it is necessary to

review the documentation of the practice tests in order to

determine if the practitioner was properly recommended for

certification.

After probable cause is determined, an officer will most

often attempt to recover more evidence that the driver is under

the influence of drugs or alcohol and an officer may ask a person

to perform Standardized Field

Sobriety Tests. In every state

you do not have to take field

sobriety tests, but in each state

the law is different regarding

whether or not you have to

consent to a blood breath or

urine test. Standardized Field

Sobriety Tests, usually

conducted on the side of the

road, do nothing to prove your

sobriety, and oftentimes can hurt your defense. The officer

cannot force you to do these tests, so politely decline. However,

in Connecticut, while you do not have to take a blood, breath or

urine test, a refusal will trigger a longer DMV administrative

suspension. If an officer tells you he will let you go if you take

45

them, you should still decline. They can only add to the probable

cause for your arrest.

The Field Testing

Generally there are three "tests" which are administered

on scene. These tests are the Walk and Turn, the One Leg

Stand, and the Horizontal Gaze Nystagmus. The three tests are

most often used together and have shown 93% accuracy in

Colorado in 1995, 95% accuracy in Florida in 1997 and 91%

accuracy in San Diego in 1998, however, there are many

scientists who refute

the validity of these

tests. The Horizontal

Gaze Nystagmus is

still the most accurate

of the three and is

said to “provide valid

indications to support

arrest decisions at 0.08 and strongly suggests that it can provide

valid indication of 0.04 and above.” When the Horizontal Gaze is

combined with the Walk and Turn it is said to have 80%

accuracy, but it is obvious that when tested with all three there is

a higher degree of accuracy. These three tests, however, have

never been subject to peer review. (Peer review is the process in

46

which scientists publish their methods and results to other

persons in their field to allow for critical analysis of the data and

results.)

Field Testing will most often occur on the side of the road

after one has been suspected of being under the influence. The

results of the test will help the officer to support evidence if they

find you to be under the influence of drugs or alcohol.

You can simply tell the officer that you do not wish to take

the tests. Remember to be polite with the officer because it can

only help you later but refraining from field tests is your right.

They are not required and in most cases will only hinder you

when it comes time for court. Conditions for field-testing are

often not ideal with uneven ground, poor lighting, weather and

even improper attire and footwear could hinder accurate results.

Horizontal Gaze Nystagmus

The suspect must be instructed to look straight ahead,

keeping the head still while following and focusing on the

stimulus with the eyes until told to stop. The stimulus must be

twelve to fifteen inches in front of the suspect's eyes for ease of

Understand that you do not have to take field tests.

47

focus. The officer is trained to receive an acknowledgement from

the suspect that the stimulus is at a comfortable distance from

the suspect's eyes and to document this confirmation. Even

though this test is not a vision test, per se, eyeglasses are to be

removed in order for the officer to make a more accurate

determination of the final total points. If the suspect can not see

the stimulus after removing the eyeglasses, they must be

allowed to perform it with them on. According to the manual,

hard contact lenses are to be removed so as to avoid dislodging

when the eyes are out at maximum deviation or to prevent

damage to the eyes.

Three to four percent of the general population willexhibit a pathological Nystagmus.

A person with a glass eye or only vision in one eye can

not be given this test for evaluation of just one eye and then a

subsequent doubling of the score, assuming that the other eye

will render the same results, is both erroneous and improper. If

the suspect has what is known as the lazy eye condition, the

officer is trained to test one eye while the other eye is covered by

the suspects’ hand, then to switch same. A person who is color

blind is not validated for this test as they will probably have a

pathological Nystagmus which is normal and natural for that

condition. This can be caused by some type of neurological

disorder, brain damage, epilepsy or pathological disorder which

the suspect is born with or of unknown etiology. A large disparity

between the right and left eye can clue the officer into this

problem. At an accident scene, if the suspect sustains a

concussion, this may bring on a pathological Nystagmus thereby

invalidating this test.

48

Although very few test conditions affect gaze Nystagmus,

there are certain administrative procedures that must be

followed. As previously mentioned, the stimulus must be placed

twelve to fifteen inches in front of the suspect's eyes. The

stimulus should be held above eye level, so that the eyes are

49

wide open and looking directly at it. Due to narrowness of certain

individuals eyes it becomes more difficult to make a fair

evaluation of the Nystagmus unless the eyes are wide open.

If the officer believes that the Nystagmus might be there, it

can not be scored, as the benefit of the doubt must be given to

the person that is being tested. The officer is also trained to

administer this test with the suspect looking into a quiet

background, facing away from police cruisers and oncoming

traffic. This is to

avoid the probability

of evaluating an

induced condition

known as optokinetic

Nystagmus, which

develops when a

person focuses on

several objects at one time or on objects that are moving away.

This optokinetic Nystagmus is a defense mechanism of the body

in order to keep the eyes from tiring. There are numerous visual

or other distractions that may also impede this test. Certain

environmental factors such as wind and dust may interfere with

the performance of the Nystagmus test. When administered

alone, Horizontal Gaze Nystagmus is considered to be 77%

accurate by the law enforcement community.

50

First Clue : Lack of Smooth Pursuit

As explained earlier, Nystagmus is the involuntary jerking

of the eyes. With alcohol intoxication, three clues will be sought

after, the first of which is smooth pursuit. The officer is trained to

look for the suspect's inability to pursue a stimulus smoothly

moving horizontally while focusing on that. If the suspect moves

his head to the side at any time, the score may be invalid

regardless of which clue the officer is looking for. An example of

smooth pursuit is a marble rolling across a smooth pane of glass:

this would be a very smooth pursuit. If the suspect is under the

influence, the eyes will bounce or jerk in similar fashion, as if that

same marble was rolled across a piece of sandpaper. The officer

is instructed to check the left eye first by moving the object to the

officer's right. The object must be moved smoothly in order to

comfortably bring the suspect's eye as far to the side as it can

go. Any choppy or shaky hand movements or movement that is

too fast by the officer may induce a Nystagmus in the suspect's

eyes and invalidate the test. The officer is instructed to make two

or more passes in front of the eye to be absolutely certain that

there is a Nystagmus. If this clue is scored as Nystagmus the

suspect is assessed one point. However, if the suspect has this

clue emanating in one eye, it is not guaranteed that it will be

exhibited in the other eye.

51

Second Clue: Distinct Jerkiness at Maximum Deviation

After the officer has checked the first eye for the smooth

pursuit clue, the same eye must be checked for distinct jerkiness

at maximum deviation. This is accomplished by simply moving

the object to the side until the eye has gone as far to the side as

possible. At maximum deviation, no sclera or “white” will be

showing in the corner of the eyeball. The officer must hold the

eyeball at that position for two or three seconds and attempt to

discern distinct eyeball jerkiness. If the officer can not make this

distinction from a slight nystagmus, the benefit of the doubt must

be given the suspect. The officer may make the mistake of not

bringing the eyes out to side as far as they can go or too rapidly

returning the stimulus and incorrectly score this part of the test.

During the test, a certain degree of uncomfortableness is

experienced, causing a slight twitching of the eyes at maximum

deviation and if the officer returns the stimulus too quickly, the

natural Nystagmus may be mistaken for that caused by

intoxication.

Final Clue : Angle of Onset

Although the most difficult to evaluate, the angle of onset

is perhaps the greatest indicator of the presence of the other

clues. This correlation, however, does not work conversely. The

52

presence of either of the first two clues does not guarantee that

the third clue will be present.

The person is told to follow the stimulus until they are

looking down a 45-degree diagonal. In order to estimate the 45-

degree angle, the officer is told to place the stimulus halfway

between the suspect's ear and nose on the side being tested or

just outside the shoulder area. The estimation of this angle is

critical, since studies have shown that as the alcohol increases,

the angle will decrease.

Although this may be

the case, this angle

should not be used to

estimate a specific

amount of alcohol in the

bloodstream.

To score this part of the test, the officer must move the

object to a 45-degree angle so the eye matches this angle,

looking for jerkiness in the movement. If Nystagmus is observed,

the stimulus is stopped and the officer must make note a

continued jerkiness. If it does continue, the officer must observe

whether there is still white showing in the corner of the eye and

then the angle is noted as prior than 45-degrees. If there is no

jerkiness, the stimulus must continue to be moved until the

jerking occurs or the 45-degree angle is reached. If no white of

the eye is showing, the eye has either been taken too far to the

right, which would indicate maximum deviation, or the person

has unusual eyes that will not deviate very far to the side. The

criterion of onset before 45-degrees only can be used if some

white can still be seen at the outside of the eye, however, too

often the officer incorrectly estimates the angle or scores this

with no white showing in the corner of the eye or both.

This test is deemed the most reliable test in determining

probable cause to believe someone is under the influence of an

alcoholic beverage, however this obviously depends on whether

the officer adheres to the proper administration and proper

scoring of the test.

This test should not be administered if the suspect is lying down

but can be administered to them if they are sitting or standing.

Ask Yourself This:

Can you effectively pick a 45-degree angle without having

actual lines to use as a reference point?

Even if this test is done perfectly, it is still only 77% reliable.

53

54

Walk and Turn Field Test

Correct administration of this field test requires that it be

performed on a hard, dry, level, non-slip surface with sufficient

room for the suspect to complete nine heel-to-toe steps. This test

does in fact lose some validity when conducted in certain wind or

weather conditions that prevent the standards of administration

from being met. The manual calls for a straight line, which must

be clearly visible on the surface, however it is taught that the test

can be performed parallel to the curb. Conditions must also be

such that the suspect would be in no danger if he or she were to

fall.

Some people should not be given this test because even

the average sober person would have difficulty with it. People

more than sixty five years of age or over fifty pounds overweight

or with any physical

impairment that would

affect their ability to

balance should not be

given this test. The officer

is trained to take this into

account when developing

their probable cause for

arrest. Individuals wearing heels more than two inches high

should be given the opportunity to remove their shoes, as this

55

may affect the subject’s ability to balance and subsequently

hinder the validity of the results. Individuals who can not see out

of one eye may also have trouble with this test because of poor

depth perception and should not be given this test as well.

The Walk and Turn test is an objective test based upon

certain predictable errors that a person under the influence will

display, as well as scoring factors that will give the officer a basis

for passing and failing other

than a subjective opinion. In

order to properly administer this

test, it is important to

understand what type of test this

is. It is commonly referred to as

a Divided Attention Test

because it divides the suspect's

attention between mental and

physical tasks. The physical

tasks include balance and

coordination while the mental tasks include comprehension of

verbal instructions, the processing of information and the recall

of memory. While a person may be able to perform one task,

they may not be able to perform the other if under the influence

of an alcoholic beverage.

56

While the suspect is performing this test, the officer must

observe the suspect from three or four feet away and remain

motionless. Being too close or creating a distraction with

excessive motion may cause the suspect to make errors they

may not have committed otherwise. This will cause some validity

of the results to be lost as even a sober person may have

difficulty under these particular conditions. The officer must give

clear verbal instructions, only to supplement this with a

demonstration of the test, and must receive affirmative

confirmation of the suspect’s comprehension of the instructions.

This test is scored in relation to eight scoring factors that

can be seen in two separate stages. When administered alone,

the Walk-and-Turn test is considered to be 68% accurate,

however, when combined with the Horizontal Gaze Nystagmus,

the two are considered to be 80% accurate in detecting impaired

drivers. The first stage of this test is called the Instruction Stage

and will set the stage for the entire test. If the officer does not

follow training and procedure perfectly during this stage, it may

affect the validity of the entire test. The officer must verbally

explain to the suspect the heel to toe stance and then

demonstrate it. The suspect is told to place their left foot on the

line and place their right foot on the line ahead of the left foot,

with heel of right foot against toe of left foot. In the absence of a

57

demonstration, instructions alone can discredit the validity of the

test.

The officer is instructed by way of training to make sure

the right foot is in front of the left foot to start in order to maintain

uniformity. This also becomes important later in the test during

the turning evaluation. If the suspect is instructed or

demonstrated improperly, it may affect the suspect during this

part of the test. After accomplishing the starting position, the

officer must inform the suspect to remain in that position until

they are told to start walking.

There are two ways that the officer can assess a point

against the suspect's performance. If the suspect cannot keep

balance while listening to the instructions, a point is scored. This

item is only scored if the suspect does not maintain the heel to

toe position throughout the instructions. The officer is trained to

be conservative in their scoring and not to score a point if the

suspect sways or uses the arms to balance but maintains the

starting position during this stage. A second scoring factor is

known as starting too soon. This is given when the starts to walk

before the officer instructs them to do so. This can only be

scored if the officer specifically instructed the suspect not to start

Now it's OK to balance using your arms!

(But only during this stage)

58

until told to begin and the suspect stated they understood this

instruction.

The second stage of this test is known as the Walking

Stage. The suspect is informed again, that when told to start,

they must take nine heel to toe steps, turn around, and take nine

heel to toe steps back. The officer must demonstrate two or

three heel to toe steps for the suspect, as well as how to turn:

the foot must be kept on the line and turn by taking a series of

small steps. The officer then continues to instruct the suspect to

keep their arms at their sides while walking, watch their feet at all

times, to count their steps aloud and not to stop once they have

begun. If the officer does not once again confirm the suspect’s

understanding of the instructions, the test results may be invalid.

Scoring the Walk and Turn

There are six scoring factors that can be observed in this

stage, the first of which is if the suspect stops to regain balance

once the test has started. The officer can not score this item if

the suspect is merely walking too slow, but can only if the

Although the officer is starting to judge you immediatelyupon taking the first position, you can “start” the test too

soon even though you are already being scored!

59

suspect pauses for at least several seconds after one step. Once

this occurs, the officer is to have the suspect begin from the point

of difficulty instead of starting over, as this test loses sensitivity if

repeated several times. Another scoring factor is referred to as

not touching heel to toe. If the suspect leaves a one half inch or

more between the heel and toe or does not walk straight along

the line they can only be assessed one point, no matter how

many times this occurred.

During the instruction stage, if the suspect sways or uses

their arms for balance a point can not be scored. A point can

only be scored if during the walking stage, the suspect raises

one or both arms more than six inches from the side in order to

maintain balance. If this is noticed to be the normal position of

the arms, as in some bodybuilders, the officer is trained to take

that into account and be conservative in their scoring. The

benefit of the doubt must be given to the suspect.

The next way a suspect can be given a point is if they lose

balance while turning. This item can only be scored if the

suspect removes both feet from the line while turning or does not

take several small steps, and pivots in one movement, as in an

about face movement. It is imperative that the officer has

demonstrated and articulated this movement properly in order to

be scored.

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Finally, the last scoring factor is if the suspect takes the

incorrect amount of steps. This item is scored only once, even if

an incorrect amount of steps is taken in either direction. The

suspect is also instructed to look down at their feet while

performing this stage of the test and to count their steps out loud,

however, if they don't adhere to these instructions, they can not

be scored a point, as these are not one of the scoring factors.

There are two ways that the suspect can receive a

maximum of eight points on this test. The first occurs if the

suspect steps off of the line three or more times, and the second

if the suspect can simply not do the test. If the suspect receives

at least two total points on this test, the officer is trained to use

this as probable cause to believe that the suspect is under the

influence of an alcoholic and to make an arrest.

One Leg Stand Field TestIn order to accurately administer this test, the office must

move the suspect to a hard, dry, level, non-slippery surface.

Conditions must be such that the suspect would be in no danger

if he or she were to fall. Certain wind or weather conditions

obviously may interfere with and affect the validity of this test.

This test should not be given to persons who are more than

sixty-five years of age, more than fifty pounds overweight, or with

physical impairments that interfere with balance. Individuals

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wearing heels more than two inches high should be given the

opportunity to remove their shoes as this may diminish the

reliability of the results. The

officer is trained not to give this

test if there is not adequate

lighting to perform it. In total

darkness, even the average,

sober person may have difficulty

with this test as a result of a lack of visual frame of reference that

would otherwise be provided with proper lighting.

As with the Walk and Turn Test, it is imperative that the

officer observes the suspect from at least three feet away and

remain as motionless as possible so that there are absolutely no

distractions caused by the officer.

In the administration of this test, there are also two

separate stages involved. The first stage is also called the

"Instruction" Stage. The test is initiated by giving verbal

instructions, followed by a demonstration. The officer is trained to

advise the suspect to stand with their heels together and arms

down at their sides and to not start the test until told to do so. As

before, the officer must receive affirmative confirmation that the

suspect understood the instructions and then document this

acknowledgment. There are no scoring opportunities until the

next stage of the test, the Balance and Counting Stage, unless

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the suspect can not even perform the test, which would of course

be scored. This would give the suspect a maximum score of four

points and would necessitate explanation on the part of the

officer.

At the start of the "Balance and Counting" Stage, the

officer is required to explain the test requirements further by

instructing the suspect to stand on one leg (the suspect can

choose which), holding the other foot in front about six inches

from the ground. While standing, the suspect must keep their

arms at their sides,

look only at the

extended foot, refrain

from swaying or

hopping, and count

out loud for 30

seconds, counting

each second as "one-one thousandth.” The officer then

demonstrates all of the above mentioned instructions including

the counting and asks for acknowledgment of comprehension, at

which point if received, the test begins.

Scoring the One Leg Stand:

A suspect may be scored a point for the following

reasons:

63

1. Suspect sways while balancing. The officer is trained

not to be too critical in this scoring as the suspect is human and

some sway is a natural reaction. The swaying that can be scored

is a marked sway, such as a back-and-forth motion while the

suspect maintains the position.

2. The suspect uses the arms for balance, raising six or

more inches from the side of the body. The officer must take into

account the natural position of the arms, as in the case with body

builders, for some the natural position of the arms my be farther

than six inches. If the suspect puts their foot down, regardless of

how many times, they can only be given one point. The suspect

should be allowed to continue from the point of difficulty as this

test may lose sensitivity if repeated several times. The suspect

has been instructed to keep watching their raised foot and to

count out loud, but if they do not follow either of these

instructions, they are not scored any points. If the suspect counts

too slowly, it is imperative that the officer stop the test after thirty

seconds have elapsed as this may affect the scoring and validity

of the test. The officer is trained to time thirty seconds of total

Ask yourself this:

Is it easier to balance yourself on one foot or two?

64

test time. If the suspect counts too fast the officer is instructed to

slow them down.

3. The last scoring factor in this test is whether or not a

suspect hops on one foot. This is scored only if they resort to

hopping on the anchor foot in order to maintain balance. It

should not be scored if the suspect is having difficulty by moving

the anchor foot back and forth. The officer is supposed to be

able to distinguish this as part of their training and to allow the

suspect this benefit.

The suspect can receive a maximum score on this test in

two ways, the first of which would happen if the suspect puts

their foot down three or more times during the thirty second

count. Secondly, if the suspect can not perform the test as a

Ask yourself this:

Why does a circus tightrope walker use that long pole?It is to allow herself to displace her weight over a larger

area to make it easier to balance in an unnatural

position?

Ask yourself this:

When you feel you are about to fall, do you reflexively

begin to hop to keep yourself from falling?

result of their intoxication level, they are then scored the

maximum, however, the officer must be able to articulate why

they felt the defendant was incapable. The degree of reliability of

this test is 65% if instructed and scored properly.

For purposes of the arrest report and courtroom

testimony, the officer is trained that it is not simply enough to

report the suspect's "score" on the three tests. The numeric

scores are only important to the police officer in the field to

determine probable cause, however merely a score is insufficient

to secure a conviction and must be accompanied by more

descriptive evidence. The officer must be able to describe in

detail how the suspect performed, and the manual provided to

the officer has a standard note-taking guide which should be

utilized to assist the officer and prove the case.

Sobriety Tests Not Yet ValidatedCounting Backwards

This divided attention test requires a person to count out

mple, the person

ing with 28. This

ave to remember

Remember that you do not have to take field tests andcan politely decline when the issuing officer requests that

you participate in the tests.

loud a set of numbers in reverse order. For exa

is instructed to count starting with 56 and end

divides the person's attention because they h

65

66

what number to start with, count backwards correctly, and

remember what number to stop on. Anything other than 100%

perfection will be viewed as a sign of intoxication.

Alphabet

This test requires a person to recite a portion of the

alphabet. For example, the person is instructed to start with a

specific letter, D, and stop at a specific letter, T. This divides the

person's attention because they have to remember the specific

letter to start with, say the letters in sequence, and remember the

letter to stop with. Anything less than 100% perfection will be

viewed as a sign of intoxication.

Finger Count

This test required a person to touch the tip of each finger

in succession to the tip of their thumb, up and back, while

counting 1, 2, 3, 4, .. 4, 3, 2, 1. They must touch fingertips while

not counting out of order. Anything less then 100% perfection will

be viewed as a sign of intoxication.

Stationary Balance (i.e. Rhomberg)

This test requires a person to stand with heels and toes

touching, leaning their head back to look up at the sky or ceiling,

holding their arms out to the side (like an airplane) and estimate

67

30 seconds. The officer is looking for any unnatural sway. I have

had officers testify from a range of anything more than ½ inch to

1 inch from center is too much sway and must be caused by

intoxication. Also, if your estimation is not close to 30 seconds,

this will be viewed as a sign of intoxication.

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THE INTOXILYZER 5000CHAPTER 6

The Intoxilyzer 5000 is the breath testing machine which

is used by law enforcement in Connecticut to test for the

presence of alcohol when they have arrested a person for DUI.

The company CMI in Kentucky manufactures the machine, which

uses infrared spectroscopy to identify molecules based on the

way they absorb infrared light.

All molecules are constantly vibrating, and these

vibrations change when the molecules absorb infrared light. The

changes in vibration include the bending and stretching of

various bonds. Each type of bond within a molecule absorbs

infrared light at different wavelengths, therefore in order to

69

identify ethanol in a sample, one must look at the wavelengths of

the bonds in ethanol (C-O, O-H, C-C) and measure the

absorption of infrared light. The absorption wavelengths help to

identify the substance as ethanol, and the amount of infrared

absorption tells you how much ethanol is present.

The Intoxilyzer has a cell in which a person blows into the

device. There is an inlet for the cell (2) and there’s an exhaust

portion of the cell (3), and a sample chamber (4) that the breath

travels through. (See Figure F) The light source is like a regular

light bulb, producing energy. It is the same type of energy that an

electric stove emits and that one can feel when the burner turns

red.

The device has a wheel at the outlet of the chamber

where the light goes through and there are five different filters

(6). Those are like

sunglasses. Each filter is

different, and they filter out

all unwanted light and only

let small portions of light

come through. As that wheel

goes around you get small

pulses of energy impacting

the receptor as the filters break it up. The amount of heat that is

sensed goes through what is called an “A to D” convert.

Henry’s Law DefinitionAn official definition

reads: “The mass of agas that dissolves in a

definite volume ofliquid is directly

proportional to thepressure of the gas

provided the gas doesact with theolvent.” words, if a gasquid are in a container, thetration of thee air above the

proportional tocentration ofas which isd in the liquid.

The computer system does not automatically recognize

that type of signal. It has to be converted to a digital signal and

then sent to the computer where it is then reduced to numerical

values. That numerical value is shown on a small screen on the

face of the device and it prints a readable report or readable

result.

Henry’s LawBreath testing is based on

the principle known as Henry’s

Law. This can be related to blood

in a closed container that contains

alcohol. The alcohol will

evaporate until the concentration

in the air above the liquid is equal

to that in the liquid,

a fixed constant

Constant. The ratio

of the blood in the h

be used in acco

Henry’s Law is 210

be explained as “the

of alcohol in a no

blood is said to be as great as the

70

not res

In otherand li

closedconcen

gas in thliquid is

the conthe g

dissolve

also known as

or Henry’s

given to that

uman body to

rdance with

0:1. This can

concentration

rmal person’s

approximately 2100 times

71

concentration in the air in equilibrium with it. This means that if

the alcohol concentration found in blood that is in equilibrium

with the alcohol in air, the alcohol concentration in the blood

should be close to 2100 times greater.” Another problem exists

by this normal ratio because not every person has the same

body weight, frame and physical makeup, therefore there cannot

be a norm for his or her blood/air equilibrium. The ratio would be

much wider depending on the person being tested because the

human body is not an ideal subject for a sealed container.

Because of this problem with the normal ratio determined by

forensic scientists, there can be up to a 0.03% error or more with

a breath machine due to the normal ratio being used as a

constant with the breath machine.

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In addition to the issues of the ratio of the breath machine,

the temperature of the individual supplying the sample can

impact the reported results. Rarely does the defendant’s

temperature get taken at the time the sample is given, but it

could severely alter the results of the test! A temperature

increase of only 2°F will cause approximately a 10% increase in

BAC due to the volatility of alcohol. A drop in temperature can

cause similar results. A heavy dose of aspirin can cause body

temperature to be reduced and thus potentially alter results.

There is a breath machine that corrects a test result based on

temperature, however that machine is not used in Connecticut.

These two issues of breath can be used as a viable

defense when being charged with a DUI. If you have taken any

medication or have been sick, it is a good idea to tell the officer

when they question you, or to tell your attorney afterwards. Also,

if you have any medical conditions that could affect your normal

blood ratio, you should let your attorney know so that he/she

may obtain the correct medical documentation to support your

claims. If you are a diabetic, the officer and your attorney should

know because a diabetic can naturally produce ketones, which

can skew the results of the breath test. A dedicated DUI

attorney can review your medical history and investigate any

possible medical defenses to the charges brought against you.

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There are a few variations of breath machines, but many

are outdated or not used in Connecticut. The Breathalyzer and

hand held breath testing machines are no longer used and not

valid, respectively. Currently the state is in the process of

passing laws that put breath machines in a system within a

person’s vehicle, known as the ignition-interlock program, part of

Public Act 03-265.

Figure F

1. A lamp generates an infrared beam.2. The subject blows into the breath intake.3. The breath eventually passes through the sample

chamber.4. Subject’s breath accumulates in the sample

chamber.5. The infrared beam passes through the sample

chamber.6. The beam is focused by a lens onto a spinning

filter wheel. band filters

lengths of the

is detected by to an electric

elayed to thehe pulses and absorption of

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7. The filter wheel contains narrowtheoretically specific for the wavebonds in ethanol.

8. The light passing through each filterthe photocell, where it is convertedpulse. The electric pulse is rmicroprocessor, which interprets tcalculates the BAC based on theinfrared light.

75

THE DMV PROCESSCHAPTER 7

When you are arrested for a DUI, the arresting agency, by

law, must report this to the Department of Motor Vehicles. The

DMV then processes your information and will issue a notice to

you that they are planning on suspending your license. The

DMV can suspend your driver’s license because of the state’s

implied consent law. The implied consent law states that

whenever you drive on the roads in the State of Connecticut, you

have given your consent to submit to a chemical test of your

blood, breath or urine. If you fail this test, or refuse to give a

sample, the DMV can strip you of your privilege to drive for a

specified time period.

The implied consent law of the state of Connecticut reads:

Sec. 14-227b. Implied consent to test operator's blood,breath or urine. Testing procedures. License suspension.Hearing.

(a) Any person who operates a motor vehicle in this stateshall be deemed to have given such person's consent to achemical analysis of such person's blood, breath or urine and,if such person is a minor, such person's parent or parents orguardian shall also be deemed to have given their consent.

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When your license is automatically suspended by

application of 14-227b, it is deemed a “Per Se” case. “Per Se” is

Latin for “Of Itself.” Per se hearings that are held pursuant to §§

14-227b are limited to four issues: See Buckley v. Muzio, 200

Conn. 1, 8, 509 A. 2d 489 (1986); Weber v Muzio, 204 Conn.

521, 523, 528 A. 2d 828 (1987). The four (4) issues at the

administrative hearing are as follows:

(1) Did the police officer have probable cause toarrest the person for operating a motor vehiclewhile under the influence of intoxicating liquor ordrug or both or while his ability to operate suchvehicle was impaired by the consumption ofintoxicating liquor; (2) was such person placedunder arrest; (3) did such person refuse to submitto such test or analysis or did such person submitto such test, commenced within two hours of thetime of operation and the results of such test oranalysis indicated that the ratio of alcohol in theblood of such person was eight-hundredths of onepercent or more of alcohol, by weight; ad (4) wassuch person operating the motor vehicle". Conn.Gen. Stat. §§14-227b(f).

Burden of Proof

Unlike a criminal case, the standard of proof for a driver’s

license suspension is not beyond a reasonable doubt, but rather,

much lower. The state must prove the elements of the offense

against you by a preponderance of the evidence. The burden is

on the plaintiff at the administrative hearing to prove that the

77

decision by the DMV to suspend his license is clearly erroneous

based on the record. See Schallenkamp v DelPonte, 229 Conn.

31, 39, 639 A. 2d 1018 (1994); Lawrence v. Kozlowski, 171

Conn. 705, 713-14, 372 A. 2d 110 (1077). However, there must

still be “substantial evidence” in the record to support the

Commissioner’s findings. Bialowas v. Commissioner of Motor

Vehicles, 44 Conn. App. 702, 692 A. 2d 834 (1997). They can

do this because as driving is a privilege, they can rescind that

privilege much easier that to take away your constitutional rights.

Now, many people wonder “How can the state take away

my license and try to put me in jail, isn’t that “double jeopardy?”

The short answer is No.Back in the early 1990's, a

number of other citizens

throughout the United States

also thought that the State

was punishing them twice for

one solitary act. In the State of Connecticut, a woman named

Wendy Hickam appealed this exact issue after she lost her

license.

This means that you, the respondent, is responsible forproviding enough evidence to counter the state’s reports

beyond a preponderance of the evidence.

78

The Court said that driving is not a constitutional right

protected by the State and Federal constitution. Licensed driving

is a privilege given to people by the state and because it is a

privilege, and not a Constitutional right, the State can take it

away much easier than your right to freedom and it is not double

jeopardy. The judges reasoned that the state has compelling

interest to keep accused drunk drivers off the road. It is for this

reason that it is far harder for the state to suspend one’s license

than to require jail time.

There are defenses to the DMV process, but each year

the DMV and legislature change the rules to take away these

defenses. One of the best ways to win is to simply fight the

case. People who don’t fight

the DMV suspension always

lose because the suspension is

automatic. In Cusano v.

Commissioner of Motor

Vehicles, 2 Conn, Ops. 1262

(1996), the plaintiff was willing

to submit to chemical testing only four minutes after initially

refusing to be tested. The Court held that this did not constitute

an unreasonable delay or “refusal” to be tested under Conn.

Gen. Stat. §14-227b, because it was “unreasonable for police to

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refuse to accede to the plaintiff’s request to be tested.” Id. At

1263.

One of the areas which also plays a significant role in

determining if the test is valid is the timing of the test. As you

can see from the law above, the test must be conducted within 2

hours. The Court, however, decided that the 2 hour rule was not

a hard and fast rule.

In Tuttle v. Commissioner of Motor Vehicles, 2 Conn. Ops.

812, 17 Conn. L. Rptr. 231 (1996), the plaintiff argued that the

Commissioner did not have the power to suspend his operator’s

license because the police requested the test more than two

hours after operation of the vehicle. Specifically, the plaintiff was

tested twice but the machine malfunctioned, and the police

requested that he be tested in a neighboring police station

approximately two and one-half hours after being arrested. The

Court conducted an exhaustive review of §14-227b and its “per

se” provisions and concluded:

The obligation of a person who operates a motorvehicle in this state to submit to a chemical test, inaccordance with the provisions of that statue, isindependent of the “per se” provisions in that statuerelating to the timing of the test and the test results.Specifically, the two-hour time limitation foradministering the test to a person who hasagreed to take it is of critical significance inmany respects, but it not a limitation on the

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general obligation of all motor vehicleoperators in the state to submit to a test whenrequested by the police. It follows that thecommissioner is required to suspend the license ofan operator who has been arrested for drunkdriving and who refuses to be tested, even if thepolice request the test after the two-hour timeperiod required by the “per se” provisions of thestatute. It is not necessary, in test refusal cases, toshow that the request was made within areasonable time after the arrest, considering all thecircumstances, including the availability of thetesting devices and the physical condition of theperson arrested. Id. at 813.

Finally, one of the ways a DUI may try to win your license

back is by bringing in the Police officers to cross examine them

at the hearing. In Silver v. Commissioner of Motor Vehicles, 3

Conn. Ops. 243 (1997),

the arresting officer failed

to appear for cross-

examination after two

subpoenas were issued

and the plaintiff had

agreed to a continuance

to ensure the witness’

appearance. However, the

police report was admitted over the plaintiff’s continual hearsay

objection under Conn. Gen. Stat §4-178, and denial of the

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opportunity to cross-examine the author of the report. The Court

held the officer’s statements were ripe for cross-examination:

and that the report was not inherently reliable to be admitted. Id.

at 244. Sometimes, however, it may for good reason that an

attorney chooses not to subpoena an officer to a hearing,

especially when it is likely that the officer’s testimony may

jeopardize a possible defense to the criminal portion of the case.

Only an experienced DUI attorney who has thought through

about every possible outcome can make that decision.

82

DRIVER’S LICENSE POINTS

CHAPTER 8

The DMV tracks a person’s violations, infractions and

convictions by making notations on a person’s driving history.

Depending on the different allegations, the DMV can add “points”

to your history. When you amass 7 points in 3 years, you will be

required to attend driver retraining.

Driving Record Points

The following point amounts will be assessed for the

violations listed below them.

One Point:

♦ Operating at Unreasonable rate of speed (Sec. 14-218a)

♦ Speeding (Sec. 14-219)

♦ Failure to drive in right-hand lane (Sec. 14-230)

♦ Illegal use of limited access highway by bus, commercial

vehicle or vehicle with trailer (Sec. 14-230a)

♦ Improper operation on multiple-lane highways (Sec. 14-236)

♦ Improper operation on divided highway (Sec.14-237)

♦ Wrong direction at rotary or one-way street (Sec. 14-239)

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♦ Improper turn, illegal turn, illegal stopping, failure to signal

intention to turn (Sec. 14-242)

♦ Improper backing or starting (Sec. 14-243)

♦ Failure to give proper signal (Sec. 14-244)

♦ Operator’s duties on stopping a school bus (Sec. 14-277)

♦ Operation of motorcycles abreast, illegal passing (Sec.14-289b)

♦ Wrong way on one way street (Sec. 14-303)

Two Points:

♦ Slow speed, impending traffic (Sec. 14-220)

♦ Disobeying orders of officer (Sec. 14- 223a)

♦ Entering or leaving controlled access highway at other

than designated entrance or exit (Sec. 14-238)

♦ Entry upon a limited access highway other than a highway

intersection or designated point (Sec. 14-238a)

♦ Executing turn from wrong lane or contrary to traffic

control devices (Sec. 14-241)

♦ Failure to obey signal at railroad crossing (Sec. 14-249)

♦ Failure to observe parkway or expressway restrictions

(Sec. 14-298)

♦ Failure to obey traffic control signal light (Sec. 14-299)

♦ Failure to obey yield sign (Sec. 14-302)

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♦ Operating a vehicle through pedestrian safety zone

(Sec. 14-304)

Three points:

♦ Failure to keep right when meeting opposing traffic

(Sec. 14-231)

♦ Improper passing or failure to yield to passing vehicle

(Sec. 14-232)

♦ Passing on right (Sec. 14-233)

♦ Passing in no passing zone (Sec. 14-234)

♦ Failure to keep to right on curve, grade or approaching

intersection (Sec. 14-235)

♦ Failure to drive reasonable distance apart (Sec. 14-240)

♦ Failure to grant right of way at intersection (Sec. 14-245)

♦ Failure to yield when emerging from driveway or

private road (Sec. 14-247)

♦ Failure to grant right of way when emerging from alley

driveway or building (Sec. 14-247a)

♦ Failure to grant right of way to pedestrian (Sec. 14-300)

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Four Points:

♦ Wagering, speed record (Sec. 14-224c)

♦ Failure to drive reasonable distance apart, intent to

harass (Sec. 14-240a)

♦ Passing stopped school bus (Sec. 14-279)

Five Points:

♦ Negligent homicide with a motor vehicle (Sec. 14-222a)

Points assessed against a driving record will remain on

that driving record for a period of twenty-four months from the

date of such assessment. A letter of warning will be sent to the

holder of an operator’s license if points total or exceed 6. If the

licensee receives an excess of 10 or more points, the

department of motor vehicles will suspend the operator’s license

for a minimum of thirty days.

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RECORDS, INSURANCE & CDLCHAPTER 9

Getting Your Records

The only records you personally can obtain are your

driving history or an accident report. To obtain your driving

record, you can go into any full service DMV Branch Office and

provide them with two

forms of identification

as well as your name,

address, driver’s

license number, date of

birth and a Copy

Records Request (form

J-23) along with the

required fee and they

will give you a certified

copy of your driving

record. An accident report can be obtained from the local police

department of the town where the accident occurred

approximately 3-5 days after the accident. No other records are

available at public request. Your attorney is the only one who

can obtain your criminal records, police reports, or any other

private records that would be important to your case.

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Insurance Issues

It is important for you to understand that your insurance

company for your motor vehicle is assessing you on many

different levels to determine the premium you will pay. A Conning

and Co. investigation completed in July of 2001 into insurance

reports found that 92% of insurers use scoring which can include

credit data when they determine your auto insurance policy

premium rates. These credit reports put you into a class system

to determine your pricing tier. Insurers feel that there is a direct

correlation between the scores they determine for customers and

the probability that they will file a claim.

If you would like to obtain a copy of your driver’s license

history you need to contact the State of Connecticut Department

of Motor Vehicles and

request a J-23 form.

You can do this over

the phone and have it

mailed to you, fill out

the request form

online at the DMV

website, or you can

request it in person

from any full service DMV branch. You must have two forms of

identification (one must be photo), a check for $20, name and

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address, date of birth and drivers license number. After the

forms are submitted, it takes about two weeks to receive the

certified copy of your driver’s license. After receiving your

driver’s license record, you may be able to see some of the

reasons for the insurance score and ranking based on your

driving history.

If you have been arrested for a DUI offense, it will directly

impact your insurance score. If you are arrested and convicted

of a serious violation of the law in relation to your driver’s license,

you must obtain an SR-22 to have your driver’s license

reinstated. It is a Financial Responsibility Certificate that can be

obtained from either your insurance company or insurance

agent. It is a separate document from your regular automobile

insurance policy. Your insurance company must file the

certificate before your license privileges can be restored. This

helps to keep insurance companies informed about serious

offenders so that they may treat them as high-risk drivers and

charge them accordingly. To file an SR-22 in the State of

Connecticut, the original copy must be transmitted by your

insurance company to the Driver Services Division at the

following address:

You can plan to pay hundreds more a year for your firstDUI offense and even more for consecutive offenses.

89

State of ConnecticutDepartment of Motor Vehicles

Driver Services Division60 State Street

Wethersfield, CT 06161-2525

Many insurance companies check your motor vehicle

record only once every three years or when you’re applying for a

new policy. Sometimes accidents, tickets and drunk driving

convictions can escape your insurer’s attention or don’t end up

on your motor vehicle record. However, if your insurer does find

out about a driving under the influence (DUI) conviction, or an

administrative suspension or a diversionary program, you’re

likely to feel the pinch of higher rates and possibly policy

cancellation or non-renewal.

There are two ways insurance companies generally deal

with customers convicted of DUI. First, your insurer will likely

raise your insurance premiums and label you a high risk driver if

they find out you’ve been convicted of a DUI. In this case, you’ll

likely have to provide proof of insurance for three – sometimes

five – years with your state’s department of motor vehicles. Your

insurance company will have to provide the DMV with an SR-22

from, which removes your license suspension by providing the

state with proof of insurance. An SR-22 also means your

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insurance company is required to notify the DMV if it cancels

your insurance for any reason. In addition, your company may

cancel your insurance mid-term or terminate the policy at the end

of the term because you are currently in a preferred class. Your

company will send you a notice stating why you’ve been

cancelled, and then you’ll have to find another insurer while

having a cancellation on your claim history.

Some insurance companies don’t offer SR-22 policies, so

you may also be non-renewed or canceled because your

company can no longer provide what you need. Insurers can

miss DUI convictions and it is possible that your insurance

company will never find out about your conviction, especially if

you do not have to get an SR-22. Rates do not always go up.

You may be surprised to know that when your insurer does find

out about a DUI conviction it doesn’t automatically impose higher

premiums. The insurer will look at your history with the company

and your claims record, and your fate is in their hands.

Commercial Driver License Issues

There are a variety of reasons why a Commercial Drivers

License (CDL) or License with Public Passenger Endorsement

could be suspended or disqualified. One reason would be for

operating a motor vehicle under the influence whether it is the

commercial vehicle or your personal vehicle. Once a driver has

been disqualified they are prohibited from operating a

commercial motor vehicle. Tickets or convictions from out of

state also hold reciprocity in the state of Connecticut. They will

be reported to the Department of Motor Vehicles and then

transferred to your Connecticut Drivers License.

If one of these offenses occurs in conjunction with driving

a vehicle that is transporting hazardous materials, the minimum

It does not matter that you are operating your ownpersonal vehicle and it is not a commercial vehicle at the

time you are arrested.

For a Commercial Drivers License, 0.04 is consideredover the legal limit.

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92

disqualification will be for three years. If convicted twice for either

driving under the influence or refusal or failure of a BAC test, the

result would be a lifetime disqualification of your Commercial

Driver License. A first offense of using a commercial vehicle

while under the influence of a controlled substance will also

result in a lifetime disqualification.

Disqualification will result from a conviction of any one (1) of

the following:

♦ Operation under the influence of alcohol.

♦ Refusal to take a blood, breath or urine test.

♦ Failure of a blood, breath or urine test (0.04 or greater).

♦ Evading the police.

♦ Use of a commercial vehicle in conjunction with a felony

conviction.

If an additional violation occurs following the completion of

a driver retraining class, it is possible that the class may have to

TO REGISTER FOR DRIVER RETRAINING CLASSESThe National Safety Council

1-800-210-6407Driving School Association of America

1-800-804-6051

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be repeated. These classes are under the discretion of the

retraining associations and are not held at the DMV. If the class

is not completed by the effective date of suspension, a

restoration fee in the amount of $125 must be paid by check or

money order payable to DMV and mailed to:

State of ConnecticutDepartment of Motor Vehicles

Driver Services Division60 State Street

Wethersfield, CT 06161-2525(Include the license number and name with payment.)

94

THE CRIMINAL PROCESSCHAPTER 10

Perhaps the most challenging aspect of a DUI charge is

dealing with the stress associated with it. There are several

stressful factors that will affect the defendant, the most difficult of

which is the frightening experience of the arrest itself. It is very

common to have nightmares about the ordeal and to find oneself

thinking about it during daily activity as well. Many people notice

changes in many aspects of their lives including diet, difficulties

in completing daily activities, weight loss and sleepless nights.

These are common occurrences and those who are handling

DUI charges should understand that they are not alone and their

problems are not

unique. Most people

who are charged with

the offense of driving

under the influence are

just common everyday

people. They have

never had a brush with

the law. They are not regular customers with the legal system,

especially the criminal legal system, and should understand that

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the stress they are going through is very normal although

overwhelming at many times.

Another difficulty that may arise and cause stress is the

waiting period. In the majority of cases, your attorney can do

nothing to speed up the waiting process because the control lies

with the clerk of the court, judges, and the prosecutor and they

will move at their pace depending on the amount of cases that

are ahead of your own. If a case is delayed a few months, you

should not be worried because it must wait its turn in the regular

rotation of cases. The average waiting period for a case is two

or three months, but in very rare instances, the case could run

over a year.

There are times where your attorney may also delay your

case, which is referred to as a continuance. These are

intentionally extended by your attorney to provide

accommodation for your case so that your chances of winning

the case will be improved. Try not to stress during the waiting

period. Your attorney is doing what is in your best interest and

you must trust his/her decisions. Trust in your attorney and in

that their decisions are in your best interests is essential to a

healthy attorney-client relationship.

Another large contributor to stress is ambiguity in the legal

system. The system is very complicated, but the following

flowchart (See Figure G) explains the normal processes.

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Figure G

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After your arrest, the police will issue you a summons to

appear in court. You may be required to post a bond to be

released. The police may also release you on a written promise

to appear. Both will inform you of the date of your mandatory

court appearance. Failing to appear in court may result in the

State charging you with the crime of Failure to Appear. Even the

lowest charge of Failure to Appear carries the potential penalty

of one year in jail and/or a $2000 fine. Initially, your case will

appear on the “regular” docket. This is the docket to which all

new cases are assigned. A case will likely be maintained on the

regular docket for the first few court appearances and in certain

situations, your case can be resolved while on this docket. Some

courts allow the attorney to appear on your behalf, while others

require the appearance of the client.

Failure to be in court can result in forfeiture of your bond

and a warrant being issued for you for the crime of Failure to

Appear. Over the next few court appearances, the prosecution

and your defense lawyer discuss the merits of your defenses,

however these discussions are conducted in private. One of the

main reasons for this practice is that any information, when

discussed in private, cannot be used in the prosecution of the

case. If the discussions were conducted in open court, there

would be witnesses who could be called to testify about the

case. It serves your benefit to allow this to happen.

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If the discussions with the prosecutor and your attorney

do not yield a satisfactory disposition, the matter will be set down

for a judicial pretrial. Most courts have a judge who controls the

criminal docket. This judge is called the “presiding judge.” This

judge will sit as the final arbiter of the matter before it is

determined that the case cannot be resolved without a trial.

After a judicial pretrial, the Court will make an offer to resolve the

case after hearing from the prosecution and the defense lawyer.

The sides often propose different disposition possibilities and the

judge listens to both sides to see what is a reasonable

disposition given the legal and factual claims both sides make.

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If you, your attorney and the State agree on a disposition

of the case you may be required to do a number of different

things. Some of these things involve paying a fine, completing

alcohol counseling or complying with probation. If you plead

guilty to a crime, which may be punishable by some period of jail

time, the judge must

ask you a series of

questions to determine

if you are knowingly

and voluntarily pleading

to the charges. The

judge must also agree

to give you the disposition that you agreed upon, and even if the

judge does not approve, the judge must allow you to withdraw

your plea.

There are 3 ways to plead or be found guilty. The first

way is a “straight” guilty plea. A straight plea means you agree

with the allegations, and that the state is saying you committed a

crime and you are agreeing you are guilty. The second way you

can plead guilty is under the Alford Doctrine. The Alford Doctrine

means that you do not agree with some, or all of the facts that

the state claims happened, however, in light of what you know

the state has to prove, you wish to plead guilty and accept a

definite disposition rather than risk going to trial and losing, and

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being sentenced to a greater penalty. The final way to plead

guilty is to plead “nolo contendere.” “Nolo contendere” is Latin

for “No Contest.” This means that you are not contesting the

charges and not putting up any defenses to the charge. The

judge, after hearing the charges, will find you guilty, and

sentence you. A “nolo contendere” plea is often used in

situations where you may be sued by another person, perhaps a

person with whom you were involved with in an accident,

because this type of plea cannot be used against you in a civil

case like a guilty plea could.

If the case cannot be resolved without a trial, both

attorneys are then given an opportunity to file motions. Motions,

simply put, are "requests" that are made of the court to grant

some type of “relief.” This “relief” is usually asking that some

part of the State’s evidence be

excluded from trial when the

case goes to court. Attorneys

may seek to exclude a breath

or blood test result, field

evaluations or a custodial

statement made by you after

your detention, but before the

Miranda advisement (i.e. “You

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have the right to an attorney; you have the right to remain silent,”

etc).

In addition, your attorney will make a motion for the

prosecutor to send him or her the “discovery” in your case.

Discovery is a generic term that relates to production of evidence

that the state intends to present against you in court. An

example of “discovery” is a list of the State’s witnesses against

you, plus information on how to locate them. Obtaining

discovery allows your attorney to be as fully prepared as

possible when we enter court so that there won’t be surprises.

One of the key aspects of discovery may be a videotape of your

arrest, either at the scene, in the station or both. Most

prosecutors’ offices in Connecticut follow an “open file” policy

from the beginning of the case which allows your attorney to

view the police report (some will allow a copy, while others only

allow notes to be taken).

Your attorney will then be given oral argument of these

motions, which is an important step as it sometimes allows your

attorney to attack various aspects of the State's case prior to

trial. The elimination of harmful evidence is the primary purpose

and goal of “motions.” There will be no jury involved at the

motions hearing, but rather, at a typical motions hearing the

judge, your attorney, the prosecutor, the State's witness (the

arresting officer) and yourself would be present. The judge will

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hear motions and argument from both sides, then grant or deny

the motions, however most judges refuse to hear motions until

the day of trial. This practice is not as desirable for you for many

reasons, the two most important of which is that it limits your

attorney’s time to obtain a transcript of important testimony of the

State’s witnesses (commonly used for “impeachment”), and your

attorney will have to prepare for both motions and trial, thereby

costing a larger attorney fee.

Following the motions hearing is the trial, which can be

either a jury trial (a 6-person jury is used in misdemeanor cases)

or a bench trial (heard only by the judge). If the case is set down

for a trial, there will be a day when you and your attorney will be

summoned to begin “jury selection” or “voir dire.” In Connecticut,

our Constitution allows for your defense attorney to question

each independent potential juror about their knowledge of the

case, the witnesses and there general outlook on life. During

this phase, your attorney tries to find the best possible

candidates to sit on a jury and side with you. At the same time,

the state attorney is looking to find the best possible jurors who

will convict you. Depending on the exact charges against you,

your lawyer and the state will each have a certain number of

“challenges” which allows them to get rid of a potential juror

without having a reason. If your attorney or the State attorney

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tries to exclude a particular gender or race, however, the judge

can stop them if the other side points it out.

Unlike on TV and in the movies, in Connecticut there are

not long opening statements. In fact, unless there are unusual

circumstances and a judge has approved them, there will be no

opening statement in your case. The prosecutor will call the first

witness for the state, which is usually the police officer. After the

state has asked questions of the first witness, your defense

lawyer will be allowed to “cross examine” the witness and this

continues until the state has no more witnesses to call.

According to the federal and state constitution, the

defense does not a burden to introduce any evidence. If the

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defense chooses not to do so, the sides would then make their

closing arguments. However most of the time, the defense will

call witnesses of their own, at which point the defense attorney

will ask questions, and the prosecution will have a chance to

cross-examine. After the defense has finished, the State then

has a chance to bring in witnesses if they can rebut the evidence

of the defense witnesses. If they do not call any, the case

proceeds with closing arguments.

During closing arguments, both sides try to convince the

jury to either find you guilty or not guilty (depending on the

attorney). After closing arguments, the Judge will instruct the jury

on the law of the case, and how it is to be applied. Once that is

done, the jury is sent to the jury room to deliberate. They elect a

foreperson, and discuss the case until the have reached a

unanimous verdict, which means that all of the jurors must be in

agreement on the verdict. Once a decision has been made, the

jury sends a note to the judge in order tell the court that they

have come to a decision.

If they cannot agree, the judge may tell them deliberate

again, however if they decide that an unanimous decision cannot

be found, the judge declares a mistrial. If the jury can agree, the

judge then brings the jury into the courtroom and the clerk of the

court asks the foreperson what the verdict is. If the jury finds you

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“not guilty” then the case is over. If the jury finds that you are

guilty, the case will then continue on to sentencing phase.

When appearing for sentencing, which may happen the

same day if the case is a misdemeanor, the judge may sentence

you to the maximum period of jail time allowable for the crime.

Oftentimes prior to sentencing, the judge will order the Probation

department to conduct a pre-sentence investigation and report,

which serves to provide the judge with a better understanding of

whom you are as a person. The probation department may

suggest a certain way for the judge to structure the sentence or

certain things to include (community service, counseling),

however the judge ultimately decides the sentence.

If you are convicted, you are permitted to an appeal, but

you must hire a lawyer to represent you for this new phase,

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which unfortunately is normally a separate fee from you trial fee

for your trial lawyer. Many times people simply hire the trial

lawyer for the appeal because he or she already has knowledge

of the case and has conducted research on the exact issues that

will be appealed. The appeal only deals with legal issues, not

factual issues, so it is not a retrial. Your lawyer then will review

the court transcript to find questionable issues, such as the

inclusion of improper evidence by the state or incorrect

instruction on the law to the jury by the judge. The appeal is filed

within a few months and then the State is given time to file a brief

in opposition. The case is then argued in front of a panel of 3

judges in Hartford, in which witnesses are not presented and a

time limit is instituted for both sides. After the case is argued, the

judges release a written decision, which either affirms the guilty

verdict, or reverses the decision and a retrial begins. In rare

circumstances, the reversal will complete the case and there will

not be a retrial. If the original decision is affirmed however, your

lawyer may appeal for review by the Supreme Court

How to Dress for Court

Going to court is a formal occasion and the members of

the bench (judges) and bar (attorneys) take their role very

seriously. Many of them chose this profession after careful

reflection and years of study. There are specific rules concerning

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behavior, the procedure, and even what can be said, and even

though these rules only apply in the courtroom, the manner in

which you proceed and follow these rules greatly affects your

case. First impressions and the way in which you carry yourself

are very important, and instead of wearing whatever you feel like

(your work clothes, casual clothes, etc.) to court, ask yourself

who the judge would take most seriously. To gain the respect of

the Court, you should dress professionally, as if you were

attending a job interview, so that you may provide the best first

impression possible.

By establishing a sense of professionalism with your

dress, you are also establishing credibility. Men should wear a

suit and tie or a sport coat and tie. Women should wear a

business suit or a conservative dress. If you do not have this

type of clothing, make sure that your clothes are neat and clean.

Dress like a professional, avoiding loud colors, costume jewelry,

or anything else that is flashy and that will draw attention. Do not

wear items that identify your personal association with a group,

whether it be a college pin, religious jewelry or political buttons,

for these items can inspire prejudice in the minds of the judge or

jury. Men should be clean-shaven and should get a hair cut if

needed and women should avoid loud hairstyles and keep their

makeup to a minimum.

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How to Conduct Yourself in Court

Rude behavior is not tolerated in court, so simply be

respectful and do not argue. Politeness is also a sign of

professionalism, so do not get overtly excited and avoid

interruptions. Patience is particularly important as well. You may

have to be in the courtroom all morning and then return in the

afternoon. You are free to leave the courtroom whenever you

need to, but tell an officer of the court that you are leaving.

Officers of the court include your attorney, or public defender, the

bailiff or the court clerk. If your case is called and you have not

told someone you were leaving, the judge can issue a warrant

for your immediate arrest.

Cell phones, laptop computers, handheld stereos, CD

players and other similar items can not be used in court. Sit and

wait patiently while paying attention to how other people interact

with the judge. Do not read a newspaper or book while in court,

for this is disrespectful. Finally and most importantly, make sure

to get enough rest the night before a court date. While it is a

quiet place, you should ensure that you never fall asleep in court.

If you do, it is likely that you will be escorted out the Marshal and

forced to come back on another date, forcing you to lose yet

another day of work.

Before entering the court, you should double check your

clothing and appearance as well as review reports, records, and

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any personal notes. Any other material that could be deemed as

evidence should be reviewed to make sure it is intact and

organized when bringing it into court. If you have any concerns,

including those about testifying or have information that your

attorney should know, it should be disclosed prior to entering the

courtroom. The case should be reviewed by both you and your

attorney and remember to disclose any “skeletons in your closet”

to prevent your attorney from being surprised in court.

Reviewing the case prior to entering court will also help to

refresh your memory. Be early when arriving to court or at the

least, BE ON TIME! If you miss your case, you will have to

reschedule and will end up missing another day of work, or you

may be arrested for Failure to Appear, another misdemeanor.

The way that you act while in court will help to develop

your credibility, either positively or negatively. To prevent from

developing negative credibility, avoid being perceived as cocky,

argumentative, defensive, immature, or uninterested. Do not

carry any items in your pockets that could make noise or that

could distract you during court. You will be evaluated by how

you act in the courtroom, so avoid negative body language such

as folding your arms, crossing your legs or chewing gum. Simply

sit silently and do not slouch and when speaking, do so slowly

and clearly. Listen when you are being addressed so that

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questions do not have to be repeated and always address the

judge as “Your Honor”.

Courthouses and Clerks’ offices are open Monday –

Friday from 9am until 5pm, but are closed for lunch between 1

and 2 p.m. Offices and courthouses are closed only on legal

holidays which include the following days:

New Year’s Day

Martin Luther King Day

Lincoln’s Birthday

Washington’s Birthday

Good Friday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

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LICENSE SUSPENSIONSCHAPTER 11

One of the biggest challenges in the criminal justice

system in Connecticut is restoring your privilege to drive. As

mentioned earlier, driving is a privilege in Connecticut, and not a

right. A right is a freedom protected by the Constitution

examples of which include the freedom to associate and the

freedom of religion. A privilege is a certain ability that is granted

by the government to a person, an example of which is the ability

to hold certain types of professional licenses (doctors or

lawyers).

As a result of a DUI

conviction or a conviction for

another motor vehicle violation,

many citizens have dealt with the

hassle of being without a driver’s

license for quite some time, only to

find that the process for getting a

license restored is much more

difficult than expected. Although

each case is different, license suspensions fall into 2 categories,

DUI related and non-DUI related. A DUI related suspension

comes as the result of a single or multiple conviction for driving

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under the influence. Many people are under the false impression

that the Judge at the courthouse controls the suspension,

however this is not true. Instead, the DMV enforces suspensions

based on NUMBER of convictions and not necessarily by the

same standard as the Court. For example, a person who is

treated as a First Offender at court but is technically a Second

Offender by DMV standards or number of prior offenses, will

suffer the suspension period of the Second Offender, even

though the judge treated the person as a First Offender.

Depending on the level of DUI a person is facing this length of

suspension (See Figure A for further detail):

First:1 year

Second:3 years

Third:Permanent

Figure H

A Non DUI related suspension comes as a result of 3

possible occurrences:

1) A person may have forgotten or ignored a ticket that

was issued. If so, a person’s license may be

suspended pursuant to Connecticut General Statute

14-140 which requires the DMV to suspend the license

until the ticket has been either paid or returned to the

docket. If you have to “reopen” a ticket closed out

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under 14-140, you need to pay a fee of $60 at the

clerk’s office responsible for the ticket and send notice

of that to the DMV to get your privilege restored.

2) A person’s license may be suspended for

accumulating too many “points” Points can be

assessed for a number of infractions, and the DMV will

notify a person that they must attend a driver retraining

program. Sometimes, a series of infractions can take

a person from a low point total to above the limit with

the person realizing this. There is no warning before a

“points” suspension.

3) A person who pleads guilty to operating under

suspension or other serious motor vehicle violations

may be suspended pursuant to state law. A list of the

suspendable offenses in Appendix A. If a person

operates while under suspension, the penalty jumps

from a 1 year suspension to a 5 year suspension. The

5 year date runs from conviction date, not from the

date of the offense.

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Out of State Convictions

The Connecticut DMV learns of a conviction in another

state through The National Driver Register. The NDR is a

central repository of information on individuals whose privilege to

drive has been revoked, suspended, canceled or denied or who

have been convicted of serious traffic-related offenses. All 50

States have access to this information.

Also, 48 states belong either to an agreement called the

"Driver's License Compact" or the "Non-Resident ViolatorCompact." The only states that don't belong to one or the other

are Michigan and Wisconsin. When you get a ticket outside of

your home state, the Department of Motor Vehicles will relay the

information to your home state and impact your driving record as

if the ticket had been there. Many people find this especially

difficult because had the arrest been

in Connecticut, it may have been

possible to avoid a conviction

altogether by using the Alcohol

Education program and now that

individual will not benefit from the

program. (The Connecticut Appellate

Court has found that there is no

violation of the law in imposing the 1

year suspension.)

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Work Permits

Because of the basic need for driving, the Connecticut

DMV has passed certain regulations for persons who have had

their license suspended as a result of a DUI arrest and motor

vehicle suspension or criminal conviction suspension. The rules

for work permits are very strict, and also follow an arithmetic

approach. Unless you qualify perfectly, you will not be given a

work permit. Also, you only get one work permit in your life, so it

is important for your lawyer to fight the DMV hearing and try to

get your license suspension overturned so that you have not

utilized your only permit. Despite the immediate need for a work

permit, the DMV will sometimes make a person wait weeks or

months before issuing it. They can deny the permit outright if a

person has several notations on their driving history for moving

violations and in cases in which a breath test is refused, the

DMV usually makes a person wait 3 months before issuing it.

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BOATING UNDER THE INFLUENCECHAPTER 12

On October 1,

2003, Connecticut began

to criminally prosecute

persons who operate

watercraft while under

the influence of alcohol,

drugs or a combination

of both. Recreational

boaters now need to be aware of the legal limits, and what they

can do to minimize the impact on their lives a Boating Under the

Influence (BUI) charge can have.

Connecticut General Statutes

Sec. 15-133. Rules for safe operation. Operationof vessel while under the influence of liquor or drugs.Penalties. Records of conviction. (a) The rules prescribed by

this section shall apply on all state and federal waters.

(b) No person shall use a vessel in a manner that

unreasonably or unnecessarily interferes with free and proper

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navigation. Anchoring under a bridge, in a narrow channel or in a

congested water not designated as an anchorage area is such

interference, except in case of emergency.

(c) No person shall alter, deface or remove any

capacity information label affixed to any vessel.

(d) No person shall operate a vessel: (1) While under

the influence of intoxicating liquor or any drug, or both, or (2)

while such person has an elevated blood alcohol content. For the

purposes of this section and sections 15-140l and 15-140n,

"elevated blood alcohol content" means: (A) 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 (B) 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. For purposes of this section and sections 15-140l, 15-

140n, 15-140o and 15-140q, "operate" means that the vessel is

underway or aground and not moored, anchored or docked.

(e) In any prosecution for a violation of subdivision (1)

of subsection (d) of this section, evidence concerning the amount

of alcohol in the defendant's blood or urine at the time of the

alleged offense, as shown by a chemical analysis of the

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defendant's blood, breath or urine, otherwise admissible under

subsection (a) of section 15-140r, shall be admissible only at the

request of the defendant.

(f) No person shall operate a vessel or engage in any

activity contrary to the regulations adopted by the commissioner.

(g) No person shall moor a vessel to, obstruct,

remove, damage or destroy any navigation aid or any device

used to mark a restricted area.

(h) Any person who violates the provisions of

subsection (d) of this section shall: (1) For conviction of a first

violation, (A) be fined not less than five hundred dollars or more

than one thousand dollars, and (B) be (i) imprisoned not more

than six months, forty-eight consecutive hours of which may not

be suspended or reduced in any manner, or (ii) imprisoned not

more than six months, with the execution of such sentence of

imprisonment suspended entirely and a period of probation

imposed requiring as a condition of such probation that such

person perform one hundred hours of community service, as

defined in section 14-227e, and (C) have such person's safe

boating certificate or certificate of personal watercraft operation,

if any, or right to operate a vessel that requires a safe boating

119

certificate for operation suspended for one year; (2) for

conviction of a second violation not later than ten years after a

prior conviction for the same offense, (A) be fined not less than

one thousand dollars or more than four thousand dollars, (B) be

imprisoned not more than two years, one hundred twenty

consecutive days of which may not be suspended or reduced in

any manner, and sentenced to a period of probation requiring as

a condition of such probation that such person perform one

hundred hours of community service, as defined in section 14-

227e, and (C) have such person's safe boating certificate or

certificate of personal watercraft operation, if any, or right to

operate a vessel that requires a safe boating certificate for

operation suspended for three years or until the date of such

person's twenty-first birthday, whichever is longer; and (3) for

conviction of a third and subsequent violation not later than ten

years after a prior conviction for the same offense, (A) be fined

not less than two thousand dollars or more than eight thousand

dollars, (B) be imprisoned not more than three years, one year of

which may not be suspended or reduced in any manner, and

sentenced to a period of probation requiring as a condition of

such probation that such person perform one hundred hours of

community service, as defined in section 14-227e, and (C) have

such person's safe boating certificate or certificate of personal

watercraft operation, if any, or right to operate a vessel that

120

requires a safe boating certificate for operation permanently

revoked upon such third offense.

(i) The suspension of a safe boating certificate or

certificate of personal watercraft operation or right to operate a

vessel that requires a safe boating certificate for operation

imposed under subsection (h) of this section shall take effect

immediately upon expiration of any period in which an appeal of

any conviction under subsection (d) of this section may be taken,

provided if an appeal is taken, the suspension shall be stayed

during the pendency of such appeal. If the suspension or

revocation takes effect, the defendant shall return, not later than

the second business day after the suspension or revocation

takes effect, by personal delivery or first class mail, the safe

boating certificate or certificate of personal watercraft operation

issued to the defendant.

(j) Any person who violates the provisions of

subsection (b) of this section shall be fined not more than two

hundred dollars. Any person who violates the provisions of

subsection (c) or (g) of this section shall be fined not less than

one hundred dollars and not more than five hundred dollars. Any

person who violates any of the provisions of subsection (f) of this

section shall have committed an infraction.

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(k) (1) A record shall be kept by the Superior Court

of any conviction relating to the operation of a vessel. A

summary of such record, with a statement of the number of the

operator's safe boating certificate or certificate of personal

watercraft operation shall, not later than five days after such

conviction, forfeiture or any other disposition or nolle, be

transmitted to the commissioner by such court. Each court shall

report each conviction under subsection (d) of this section to the

commissioner. The commissioner shall suspend the safe boating

certificate or certificate of personal watercraft operation of the

person reported as convicted for the period of time required by

subsection (h) of this section.

(2) The safe boating certificate, right to operate a

vessel that requires a safe boating certificate for operation or

certificate of personal watercraft operation of a person found

guilty under subsection (d) of this section who is under eighteen

years of age shall be suspended by the commissioner for the

period of time set forth in subsection (h) of this section, or until

such person attains the age of eighteen years, whichever period

is longer.

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Boating Administrative Penalties

Blood AlcoholContent

FirstOffense

SecondOffense

ThirdOffense

Refusal of Tests 6 Months 1 Year 3 Years

Above 0.02 & Under 21 90 Days 9 Months 2 Years

Above 0.08 & Below 0.16 90 Days 9 Months 2 Years

Above 0.16 120 Days 10 Months 2.5 Years

Figure I

Criminal Penalties

FirstOffense

SecondOffense

ThirdOffense

Fines: $500 - $1000 $1000 - $4000 $2000 - $8000

Jail Time:

6 Months

48 HoursMandatory

or100 Hours ofCommunity

Service

2 Years

120 DaysMandatory

and100 Hours ofCommunity

Service

3 Years

1 YearMandatory

and100 Hours ofCommunity

Service

LicenseLoss:

1 Year 3 Years PermanentRevocation

Figure J

123

CONCLUSION

We hope that this book has provided you with a better

understanding of the DUI/DWI process in Connecticut. As you

can see, the myriad of issues of alcohol testing, field testing and

courtroom and DMV evidence all play a very large role in how

your DUI case will get resolved. There are defenses to these

charges, but many lawyers and lay persons fail to adequately

investigate the charges and take a pessimistic outlook from the

very start. Only after looking at all of the information and all of

the possible defenses, can a person make a fully informed

decision as to how to handle their case. Each case is unique,

and a defense for some people may not be available to

everyone. We encourage you to actively participate in your

defense, and consult with an attorney who understands DUI law

and the unique types of evidence arise from DUI cases.

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APPENDIX ACOMMON MOTOR VEHICLE SUSPENSIONS

Statute Number Statute Name FirstConviction

SecondConviction

14-110 FalseStatement

Not less than 1year.

Not less than 5years.

14-111a Possession ofAlcohol in a MotorVehicle by a Minor

Not exceeding60 days.

N/A

14-111b Speeding 4th Conviction:30 Days

5th: 60 Days6th: 6 Months

14-111f Fake ID 2 Months N/A

14-145 Towing MotorVehicle from Private

Property

6 Months 5 Years

14-147b Loan/SellLicense/Registration

90 Days 5 Years

14-147c Improper Use ofLicense or

Registration

30 Days 1 Year

14-213b Failure to MaintainInsurance

30 Days 6 Months

14-215 Operating UnderSuspension

1 Year 5 Years

14-222a Reckless Driving 30 to 90 Days 90+ Days

14-223b Engaging in Pursuit 1+ Years N/A

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14-224a EvadingResponsibility

90 Days 5 Years

14-224c Racing 60 Days 6 Months

53a-119b Operation w/oPermission;

Tampering with MV

1 Year 5 Years

53a-56b Manslaughter withMV

1 Year N/A

53a-60d Assault 2nd with MV 1 Year N/A

Figure K

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APPENDIX BOUR TEAM

Ruane Attorneys at Law10 Middle Street, 11th Floor

Bridgeport, CT 06604

Office: 203.382.0394Fax: 203.334.1591

24 Hour Hotline: 1-800-NOT-DRUNK

www.CTDWI.com

www.ConnecticutCriminalDefense.com

James O’Neill RuaneAttorneyJay@ctdwi.com

Melissa PintoCase ManagerMelissa@ctdwi.com

Sean BarrettLegal AssistantSean@ctdwi.com

James J. RuaneAttorneyJjruane@ctdwi.com

Krista M. AnromanCase ManagerKanroman@ctdwi.com

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