Presentation on theme: "Connecticut Rider Education Program Annual Update."— Presentation transcript:
Connecticut Rider Education Program Annual Update
Our Problem Among motorcycle drivers killed in fatal crashes, 30% have BACs of.08 or greater. Nearly half of alcohol-related motorcyclists killed each year are age 40 or older. Motorcyclists ages 40 to 44 years have the highest percentage of fatalities with BACs of.08 or greater.
What does the officer need to stop a motor vehicle? The officer needs probable cause to stop a motor vehicle. Observes a violation (moving or equipment) Receives a complaint of a violation Investigation of motor vehicle accident.
14-227a. Operation While Under The Influence of Liquor or Drug
Operation while under the influence. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both or; While person has an “elevated blood alcohol content”. DUI in a motor vehicle is a violation in any location where the vehicle is being operated. (including private property)
“Elevated Blood Alcohol Content” A ratio of alcohol in the blood of person that is eight-hundredths of one per cent or more of alcohol by weight..08 “Motor vehicle” also includes a snowmobile and all-terrain vehicle.
Three types of chemical analysis for DUI Blood Breath (Intoxilyzer) Urine (2 tests at least 10 minutes apart) The type of chemical analysis is the officer’s choice.
Penalties First conviction: $500 - $1,000 fine & imprisoned up to 6 months; 48 consecutive hours may not be reduced or imprisoned no more than 6 months, with the sentence suspended entirely & a period of probation which includes 100 hours of community service and one year license suspension.
Penalties Second conviction (within 10 yrs of first conviction): $1,000 - $4,000 fine and imprisoned up to 2 years; 120 days may not be reduced and sentenced to probation which consists of 100 hrs. community service and 3 year license suspension or until date of person’s 21 st birthday (whichever is longer) OR
Penalties License suspension for one year & for 2 years following suspension cannot operate a motor vehicle unless it has a functioning, approved ignition interlock device. (similar to portable breath test – vehicle will not start until BAC is less than twenty-five thousandths of one percent).
Penalties Third conviction (within 10 yrs of prior conviction): $2,000 - $8,000 fine, imprisoned up to 3 years, (1 yr. may not be suspended or reduced) and probation including 100 hrs. community service and license permanently revoked.
Penalties In addition to penalties given by the court, Motor Vehicle Department also imposes penalties. License suspension is determined by prior convictions, age of operator (under 18 yrs.), or operating DUI with special operator’s permit (to & from work only).
14-227b. Implied Consent to Test Need summary only
14-227b. Implied Consent to Test Any person who operates a motor vehicle in this State shall be deemed to have given their consent to a chemical analysis of their blood, breath or urine. If person is a minor, their parent(s) or guardian shall also be deemed to have given their consent.
14-227b. Implied Consent to Test Operator arrested for DUI. Constitutional rights Afforded reasonable opportunity to contact attorney prior to test. Requested to submit to blood, breath or urine test at the option of the officer. If operator refuses blood test officer must choose either breath or urine. (not considered a refusal)
14-227b. Implied Consent to Test If operator refuses test, test will not be given. Refusal may be admissible in court and may be used against the operator. Refusal results in 24 hr. revocation of license & license suspended for at least 6 months.
OUT OF STATE OPERATORS Refusal results in 24 hr. revocation of nonresident operator’s privilege (cannot take possession of out of state license).
14-227b. Implied Consent to Test Operator submits to chemical test (breath test), and results indicate BAC of.08 or above: 24 hr. license revocation License suspension for at least 90 days. Also applies to nonresident operating privilege.
MOTOR VEHICLE DEPARTMENT DMV receives officer’s report: Suspends operator’s license effective as of a certain date (within 30 days of arrest). Operator entitled to hearing DMV sends notice to operator advising of suspension and hearing.
14-227g DUI FOR PERSON UNDER 21 YRS. OF AGE No person under 21 yrs. of age shall operate a motor vehicle while the ratio of alcohol in the blood is two- hundredths of one percent or more of alcohol -.02. DUI in a motor vehicle is a violation in any location where the vehicle is being operated, even private property.