(a) A person is guilty of assault in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.

(b) Assault in the second degree with a motor vehicle is a class D felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

(P.A. 82-403, S. 2; P.A. 83-534, S. 9; P.A. 85-147, S. 2; P.A. 08-150, S. 60.)

History: P.A. 83-534 amended Subsec. (b) to require the court to suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty for one year; P.A. 85-147 deleted “while intoxicated” from the title of the offense and a provision that defined “intoxication” to include intoxication by alcohol or by drug or both, and replaced elements of offense of “when, in consequence of his intoxication while operating a motor vehicle, he causes serious physical injury to another person” with “when, while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug”; P.A. 08-150 amended Subsec. (b) to require court to order a person found guilty not to operate any motor vehicle that is not equipped with an approved ignition interlock device for a period of two years after restoration of such person's operator's license or nonresident operating privilege.

See Sec. 14-111g re motor vehicle operator's retraining program.

See Sec. 14-227o re discount for ignition interlock device services.

Cited. 219 C. 752; 222 C. 672; 224 C. 730; 226 C. 191; 230 C. 572. Nothing said in General Assembly proceeding concerning an amendment to section to remedy an unrelated aspect changed the rule of law; judgment of Appellate Court in 33 CA 232 reversed. 232 C. 1.

Cited. 5 CA 590; 9 CA 686; 16 CA 472; 21 CA 138; 22 CA 142; 23 CA 215; Id., 720; 25 CA 282; 26 CA 805; 32 CA 553; 33 CA 232; judgment reversed, see 232 C. 1; 34 CA 557; Id., 655; 36 CA 710; 38 CA 282; 40 CA 359. Nothing in Sec. 14-227a prohibits evidence of consciousness of guilt based on defendant's refusal to take a breath test being considered in a prosecution under this section. 63 CA 433.