The Connecticut Pretrial Alcohol Education Program: An Overview

Someone charged with DUI or, if under 21, operating a vehicle with a BAC of .02% or more, may apply to the court for admission to the Pretrial Alcohol Education Program. The applicant must pay a $100 application fee and a $100 nonrefundable evaluation fee. The applicant also must make certain affirmations under oath before the court, including that he or she has not had the program previously invoked on his or her behalf within the preceding 10 years, or ever, if under age 21. The court must seal the file when the offender applies for the program.

The court can grant the application after considering the recommendations of the state's attorney. If the court grants the application, it must refer the motorist to CSSD for assessment and confirmation of his or her eligibility and to DMHAS for evaluation. Upon confirmation of eligibility, the person is referred to DMHAS for placement in either an appropriate alcohol intervention program for one year, or a state-licensed substance abuse treatment program.

If the defendant satisfactorily completes the assigned program, he or she may apply for dismissal of the charges. The court must dismiss them on a finding of satisfactory completion.

The offender's license suspension remains in effect while he or she participates in the program, although he or she has the option of not starting the program until the end of the suspension period.

The court may require as a condition of granting the application that the offender take part in the CSSD-approved victim impact panel program. The program provider must offer to waive the program's $75 fee if it determines it would pose an economic hardship for the participant CGS § 54-56g(g)).

A driver is ineligible for the program if involved in an accident that caused a serious physical injury or if the charge resulted from operating a commercial motor vehicle.

Reinstatement to the Program

The law allows reinstatement to the program in certain cases.

If a program provider informs the court that a defendant did not successfully complete the assigned program or is no longer amenable to treatment, the provider must, to the extent practicable, recommend whether the individual would best be served by (1) a 10-session intervention program, (2) a 15-session intervention program or (3) placement in a state-licensed substance abuse treatment program. The court may order reinstatement in such a program if the defendant requests it and CSSD verifies he or she is eligible.

However, if (1) CSSD informs the court that the defendant is ineligible for the program and the court makes such a finding, or (2) the program provider certifies to the court that the defendant did not successfully complete the assigned program or is no longer amenable to treatment, and the defendant does not request, or the court denies, reinstatement, the court must order the court file unsealed, enter a plea of not guilty for the defendant, and immediately schedule the case for trial (CGS § 54-56g(b)) .

Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. atJMaya@Mayalaw.com.

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Source: Paul Frisman, Connecticut Dui Law; Pretrial Alcohol Education Program, July 17, 2012, https://www.cga.ct.gov/2012/rpt/2012-R-0279.htm