Arizona court finds pot not subject to DUI law

Office of Legislative Research Research Report August 30, 2016 2016-R-0147 CONNECTICUT DUI LAW By: Paul Frisman, Principal Analyst DRIVING UNDER THE INFLUENCE Connecticut law prohibits a person from driving while under the influence of alcohol or drugs or with an elevated blood alcohol content. The commissioner may restore the license if doing so does not endanger public safety, the individual has met certain requirements, and the offender will drive only vehicles August 30, 2016 Page 8 of 20 2016-R-0147 equipped with IIDs for as long as he or she continues to drive. People who illegally drive a vehicle not equipped with a functioning interlock or that a court has prohibited them from driving, face stiffer penalties, as described in Table 2, below. A driver is ineligible to operate a motor vehicle with an ignition interlock if his or her license was suspended for any reason other than conviction of DUI, 2nd degree manslaughter with a motor vehicle, or 2nd degree assault with a motor vehicle OR WHEN DRIVING A SCHOOL BUS OR SIMILAR VEHICLE PA 16-126, effective October 1, 2016, establishes specific crimes for DUI with a child passenger in any motor vehicle and DUI when driving a school bus, STV, or other motor vehicle specially designated for carrying children, with or without a child passenger. The threshold for an elevated BAC is.08% for most drivers over age 21,.04% for drivers over age 21 if operating a commercial vehicle, and.02% for drivers younger than 21. 

Because a CDL is required to drive a school bus, the BAC threshold for such drivers over age 21 is.04%. Because an STV is not necessarily classified as a commercial vehicle, the BAC threshold for STV drivers over age 21 is generally. In either case, the issues at the hearing are limited to whether: the police officer had probable cause to make the arrest, the driver was arrested, he or she was driving, and he or she refused the test or had an elevated BAC. If the answer to any of the four questions is no, DMV must return the license to the driver. A driver charged with DUI is ineligible for the program if, when the incident occurred, he or she was driving a commercial motor vehicle or held a CDL or CDL instruction permit (CGS 54-56g(h. 

PA 16-55 prohibits a court from suspending prosecution and ordering treatment for people who are alcohol or drug dependent if they were driving a commercial motor vehicle or held a CDL or commercial driver’s instruction permit when the driver was charged with DUI, DUI under age 21, 2nd degree assault with motor vehicle or 2nd degree manslaughter with a motor vehicle. Special Operator Permits By law, anyone who has had a driver’s license suspended, except in certain instances, may apply for a special operator permit that allows him or her to drive for certain work, education, or medical purposes. The DMV commissioner may condition issuance of a special operator permit on the driver operating only a vehicle equipped with an ignition interlock device If someone holding a CDL is convicted of DUI while driving a commercial or other vehicle, or found to have either refused to submit to a BAC test or taken and failed the test, he or she is disqualified from driving a commercial motor vehicle for one year. If an offense involves driving a vehicle transporting hazardous materials requiring placards under federal law, the disqualification is for three years, & (d. The disqualification applies for any BAC test refusal, regardless of the type of motor vehicle he or she was driving; a BAC result of.04% or more while driving a commercial motor vehicle or.08% or more while driving any other motor vehicle; or a conviction of operating any vehicle while under the influence of alcohol, drugs, or both. 

Keywords: [“drive”,”vehicle”,”year”]

In short, to build probable cause, the officer may: 3 observe the impaired driving behavior and form a reasonable suspicion of an impaired driving violation; stop and question the driver; administer a standardized field sobriety test; and administer a preliminary breath test. Aggravating factors are: a qualified prior impaired driving violation by that person within the previous ten years; an AC of.16 or more; having a child under age 16 present in the vehicle; or violating while operating with a driver’s license that has been cancelled for the person being inimical to public safety. The minimum term of plate impoundment is one year, during which time the violator may not drive any motor vehicle unless the vehicle displays specially coded plates and the person has been validly relicensed to drive. Individuals who have had their driver’s license revoked for an impaired driving incident may choose to wait out the revocation period and not drive, or apply for issuance of a limited or restricted license. Driver’s License Reinstatement Fees Before becoming relicensed to drive after a DWI or CVO offense, a person must pass the license examination, reapply for a driver’s license, and pay the following fees: $250 – driver’s license reinstatement fee $430 – reinstatement surcharge $26.25 – driver’s license application fee Certain persons who are eligible for a public defender may pay the reinstatement fee and surcharge in two installments. 

Qualified Prior Impaired Driving Incident This includes both: prior impaired driving convictions; and prior impaired driving-related losses of license or operating privileges for separate driving incidents within the preceding ten years involving any kind of motor vehicle, including passenger motor vehicle, school bus or Head Start bus, commercial motor vehicle, airplane, snowmobile, allterrain vehicle, off-road recreational vehicle, or motorboat in operation. DWI violations require either evidence of impaired driving or an AC of.08 or higher, or the presence of certain illegal substances in the person’s body, during or within two hours of the time of driving, operating, or being in control of a motor vehicle, broadly defined. Commercial Vehicle Driving The legal AC limit for driving commercial motor vehicles is.04 instead of.08, and the implied consent law allows for a chemical test upon probable cause that the commercial vehicle driver has consumed any amount of alcohol. A person who violates the.04 standard while driving a commercial motor vehicle is subject to a period of disqualification from commercial motor vehicle driving. The person would remain validly licensed to drive regular motor vehicles unless he or she also has violated regular DWI law by exceeding the.08 per se standard, driving while impaired, or driving with any amount of certain controlled substances in the body, in which case the person would be subject to the full range of applicable penalties and sanctions of regular DWI law. 

A commercial motor vehicle driver who incurs license revocation or cancellation for an impaired driving violation in a personal passenger vehicle receives no special dispensations House Research Department An Overview of Minnesota’s DWI Laws Updated: June 2018 Page 18 from the sanctions and penalties that apply to other drivers-the person is prohibited from driving any type of vehicle until becoming validly relicensed to drive. School Bus Driving DWI law provides an even stricter standard of zero tolerance for school bus driving, by making it unlawful to drive a school bus when there is physical evidence in the person’s body of the consumption of any amount of alcohol. 

Keywords: [“drive”,”person”,”vehicle”]