Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences.
165 words·~1 min read·
/ct/title-53a/chapter-952-penal-code-offenses/53a-40f·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A persistent operating while under the influence felony offender is a person who
(1)stands convicted of a violation of section 53a-56b or 53a-60d and
(2)has, prior to the commission of the present crime and within the preceding ten years, been convicted of a violation of section 53a-56b , 53a-60d , 14-227a or 14-227m or subdivision
(1)or
(2)of subsection
(a)of section 14-227n or been convicted in any other state of an offense the essential elements of which are substantially the same as section 53a-56b , 53a-60d , 14-227a or 14-227m or subdivision
(1)or
(2)of subsection
(a)of section 14-227n .
(b)When any person has been found to be a persistent operating while under the influence felony offender, the court, in lieu of imposing the sentence authorized by section 53a-35a for the crime of which such person presently stands convicted, may impose the sentence of imprisonment authorized by said section for the next more serious degree of felony.