An Illustration: Eligibility for the Pretrial Alcohol Education Program

Connecticut provides individuals charged with operating a motor vehicle while under the influence (OMVUI), and a very limited number of other crimes, the opportunity to take part in a pretrial alcohol education program. The requirements of this program are set forth in Connecticut General Statutes (CGS) § 54-56g. Criminal defendants seek participation in hopes that should they successfully complete the program, they can have their charges dismissed. However, entry is not guaranteed: in the case where a defendant is charged with OMVUI, eligibility requires that “such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as” either the behavioral or per se violations of our OMVUI statute, CGS § 14-227a.

To illustrate, in a recent criminal law matter, a defendant was charged in Connecticut with OMVUI and sought participation in the pretrial alcohol education program. The essential elements of OMVUI under CGS § 14-227a(a)(1) are “(1) operation of a (2) motor vehicle (3) while under the influence of alcohol or drugs.” However, the defendant was previously convicted of violating New York Vehicle & Traffic Law § 1192.03, which prohibits “(1) operation of a (2) motor vehicle (3) while in an intoxicated condition.” As one can readily see, the required elements of these two crimes are substantially the same. Therefore, the defendant was denied eligibility because he was previously convicted of a New York offense that was substantially similar to the crime of OMVUI in Connecticut.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence) or license suspension, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.