Although not available to Torn due to his prior DUI conviction, Connecticut is one of the few states to offer a pre-plea alcohol diversion program to those charged with DUI. The program rewards successful participants with elimination of the DUI charge. Other states, like New York, offer pre-plea diversion programs to drug addicts only.

Alcohol Abuse

Most alcoholics will only come to the attention of the criminal justice system if they drive a motor vehicle while drunk. Those who are never arrested for DUI will likely fly below the government’s addiction radar.

Drunk drivers arrested for DUI in Connecticut will experience two parallel adjudication systems. The first system, administered by the Department of Motor Vehicles (DMV), determines when (or if) the person will regain driving privileges. The second system, administered by Connecticut’s judicial branch, determines what criminal penalties the person will face for driving while intoxicated.

The criminal penalties for DUI in Connecticut vary according to blood alcohol content at arrest and the number of prior DUI offenses on the person’s record. For example, a person convicted of first offense DUI in CT may be required to pay a fine of $500, serve 48 hours in jail or complete 100 hours of community service, and lose his or her license for up to 1 year.

However, Connecticut offers first-time DUI offenders the chance to have the charges dismissed upon successful completion of the Pre-trial Alcohol Education System (PAES). The program consists of two parts. First, the person undergoes alcohol “intervention” over the course of 10 to 15 classes. During the intervention period, the defendant is evaluated to determine the proper course of substance abuse treatment needed for the person’s alcohol addiction. Part two (treatment) can be completed via outpatient alcohol treatment, in-patient alcohol treatment, partial hospitalization, residential treatment, or in-patient detox.

Those who do not have the resources to pay for treatment will have their fees covered by the court. Unlike in other states, where successful completion of a court-ordered alcohol treatment program will only reduce a drunk driver’s sentence, Connecticut encourages participants to finish the program by promising to eliminate the DUI from the criminal record.

Drug Abuse

While other states have increased funding for diversion programs for drug addicts, funding in CT for criminal drug treatment has dropped dramatically in recent years. In the 90′s, Connecticut operated several independent drug courts to handle the criminal cases of drug addicts. The courts had their own treatment-savvy personnel and maintained dockets consisting of only drug cases. Personnel would meet daily to review individual cases and drug treatment status. However, faced with criminal justice funding shortages, Connecticut eliminated separate drug courts in 2002.

A version of the previous drug court system was reintroduced in Connecticut in 2006 for non-violent, drug-dependent offenders. There are currently four such courts operating in the state. In order to keep costs low, the drug courts use the same personnel as regular criminal courts and handle individual case review during pre-trial conferences only. Participants in drug court receive treatment, supervision, and judicial monitoring. However, given a budget of just over $1million per year, there are just 20 in-patient drug treatment slots and 100 outpatient drug treatment spots available throughout the entire state. Judges retain the ability to dismiss charges for those participants who successfully complete substance abuse treatment.

The Alternative Drug Intervention (ADI) program, a successor to New Haven drug court, offers in-patient substance abuse treatment to between 100 and 120 New Haven residents per year. The program has an 85% completion rate. Connecticut also offers a Pre-trial Drug Education Program (PDEP) for first time offenders who are arrested for possession of drugs or drug paraphernalia. The program consists of 12 hours of drug abuse intervention.

Millie Anne Cavanaugh is an attorney licensed to practice law in California & Massachusetts and is a former insurance defense lawyer. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.