(a) A persistent operating while under the influence felony offender is a person who (1) stands convicted of a violation of § 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 § 53a-56b, 53a-60d, 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of § 14-227n or been convicted in any other state of an offense the essential elements of which are substantially the same as § 53a-56b, 53a-60d, 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of § 14-227n.

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Terms Used In Connecticut General Statutes 53a-40f

  • Person: means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality. See Connecticut General Statutes 53a-3

(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 § 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.