‘Don’t Drive, Don’t Serve’—

Prevention Council Leaders Back

State Liquor Official’s Holiday Warning

By John Voket

Newtown Police Chief and local Prevention Council Co-Chairman Michael Kehoe was just a few weeks on the job as a young Newtown recruit when he was called to his first serious DUI investigation. And he said the memory of that scene has remained with him throughout his law enforcement career.

“The call was on Partridge Lane,” Chief Kehoe recalled. “The car [involved] had burst into flames. You never forget something like that.”

While Chief Kehoe was not involved with notifying the victim’s next of kin, who lived out of state, he still understands the implications and potential for tragedy that is averted each time one of his officers makes a DUI arrest.

And while he is pleased to see local arrests for intoxicated drivers trending downward, Chief Kehoe told The Bee this week that unfortunately, that trend is being countered by an uptick in arrests for impaired driving.

“These are individuals who are under the influence of drugs, so they blow a zero on the breathalyzer,” Chief Kehoe said.

He also believes there is still a preponderance of what he called “buzzed driving,” where the individual has consumed enough liquor to be somewhat impaired, but would still be under the state limit for blood alcohol content if given a breath test, or if a blood or urine test is requested.

He did say that in cases of impaired driving, however, it is the blood or urine test that can make the difference in the prosecution stage of any investigation.

Coincidentally, Connecticut is not among a growing number of states employing a “no refusal policy,” which is helping other jurisdictions successfully close more DUI investigations.

US Transportation Secretary Ray LaHood recently praised states that have initiated a “No Refusal” strategy, where police officers have access to “on call” judges who can issue warrants for blood samples on the spot from drunk drivers who refuse to take a breath test.

According to DOT’s National Highway Traffic Safety Administration (NHTSA), in many states, a large proportion of people pulled over for DUIs refuse to take an alcohol breathalyzer test. The latest data show that the states with the highest refusal rates included New Hampshire at 81 percent; Massachusetts at 41 percent; Florida at 40 percent; Louisiana at 39 percent, and Ohio at 38 percent.

States that have adopted “No Refusal” programs report more guilty pleas, fewer trials and more convictions. In Connecticut, if you refuse a test when asked your license can be suspended for a minimum of six months.

It is against the law in all US states and the District of Columbia to drive with a blood alcohol concentration level of .08 or higher. Yet, NHTSA data show that in 2009, 10,839 people were killed in alcohol-impaired driving crashes, including 753 in December alone.

Agency trend data have consistently shown an increase in fatalities during the holiday season.

Chief Kehoe and Prevention Council Vice-Chair and Regional Health District Director Donna Culbert both said they support a message issued this week by Department of Consumer Protection Commissioner Jerry Farrell.

“As we prepare for New Year’s Eve and the long holiday weekend, I want to remind everyone who may serve or drink alcohol to know the law, drink responsibly, avoid driving after drinking, and don’t serve alcohol to anyone who appears intoxicated or who is under the legal age of 21,” Commissioner Farrell said December 29.

Commissioner Farrell, who also chairs the Connecticut Liquor Control Commission, indicated that his agency will be working in tandem with state and local police on enforcing the state’s liquor laws in an effort to prevent tragedy this holiday.

“Allowing someone to drive after drinking in your home or place of business is not a sensible, responsible thing to do,” Commissioner Farrell said. “Providing alcohol to anyone under 21 or allowing them to drink at your home or place of business is not only irresponsible, it’s against the law. The minors can be fined, and anyone who knowingly permits them to have or consume alcohol can be fined, imprisoned, or both.”

Alcohol may be served in permitted establishments for an extra hour on New Year’s Eve. Under Section 30-91 of the Connecticut General Statutes, businesses holding a café liquor permit or a tavern liquor permit must be closed and vacated of all customers by 3 am on New Year’s Eve, as opposed to the usual 2 am closing.

Restaurants, hotels, and some other places selling alcoholic drinks on New Year’s Eve may continue serving until 3 am.

“While the law does allow alcohol sales for an extra hour, it wouldn’t be a bad idea for businesses to use the extra time to offer coffee and food to patrons, and to ensure that all drivers are sober and able to travel our streets and highways in a completely safe manner,” Commissioner Farrell said. 

While state law allows the extra hour, local municipalities may be more restrictive. Any town, by vote or local ordinance, may reduce its locally permissible hours. Commissioner Farrell urged liquor permit holders to be familiar with their local laws regarding closing time.

Retail sales of beer, alcoholic liquor, and wine at package stores and grocery stores are permitted until 9 pm on Friday, New Year’s Eve. State Law allows no retail sales of beer, wine, or liquor on New Year’s Day, which falls on Saturday, January 1.