DRIVING WHILE UNDER INFLUENCE OF INTOXICATING LIQUOR
AN ACT CONCERNING DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG AND SUSPENDING THE DRIVER'S LICENSE OF A PERSON CONVICTED OF PROVIDING ALCOHOL TO A MINOR.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):
(a) 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] open to motor vehicle traffic, 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.
Sec. 2. Section 14-111e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):
(a) The Commissioner of Motor Vehicles shall suspend, for a period of one hundred fifty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of section 30-88a involving the misuse of an operator's license or section 30-89 involving the purchase and possession of alcoholic liquor by a minor.
(b) Any person under the age of twenty-one who has not been issued a motor vehicle operator's license under section 14-36 and who has been convicted of a violation of section 30-88a involving the misuse of an operator's license, section 30-89 involving the purchase and possession of alcoholic liquor by a minor or subsection (e) of section 1-1h involving the misuse of an identity card, shall not be issued a new operator's license by the commissioner under section 14-36 until a period of one hundred fifty days has elapsed from the date all applicable requirements for any such license have been satisfied by the applicant.
(c) The Commissioner of Motor Vehicles shall suspend the motor vehicle operator's license or nonresident operating privilege of any person convicted of a violation of subdivision (2) of subsection (b) of section 30-86, as amended by this act, for six months for a first conviction, one year for a second conviction and two years for a third or subsequent conviction.
Sec. 3. Subsection (b) of section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):
(b) (1) Any permittee or any servant or agent of a permittee who sells or delivers alcoholic liquor to any minor [,] or [to] any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113.
(2) Any person who sells, ships, delivers or gives any [such liquors to such] alcoholic liquor to any minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both. Each court shall report each conviction under this subdivision to the Commissioner of Motor Vehicles who shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted in accordance with subsection (c) of section 14-111e, as amended by this act.
(3) The provisions of this [section] subsection shall not apply [(1)] (A) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, [(2)] (B) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or [(3)] (C) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 | October 1, 2005 | 14-227a(a) |
Sec. 2 | October 1, 2005 | 14-111e |
Sec. 3 | October 1, 2005 | 30-86(b) |
JUD | Joint Favorable Subst. | |
GL | Joint Favorable | |
TRA | Joint Favorable |