(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.

(P.A. 97-291, S. 1; Jan. Sp. Sess. P.A. 08-1, S. 10; P.A. 16-126, S. 30.)

History: Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b) to delete requirement for imposition of enhanced sentence that “the court is of the opinion that his history and character and the nature and circumstances of his criminal conduct indicate that extended incarceration will best serve the public interest”, effective January 25, 2008; P.A. 16-126 amended Subsec. (a) by replacing references to Sec. 14-227a(a) with references to Sec. 14-227a and by adding references to Secs. 14-227m and 14-227n(a)(1) and (2).