|
REQUEST A FREE
NO-OBLIGATION TELEPHONE CONSULTATION
CALL 1-800-604-2509 OR SUBMIT YOUR REQUEST BELOW...
|
|
All submitted
information is treated as confidential. |
|
DUI
/ DWI – FAST RESPONSE LEGAL REPRESENTATION!
In every
state, it is a crime for a driver to operate a motor vehicle,
motorcycle, truck, commercial truck, airplane, and many other
motor-operated, inherently dangerous machines while impaired by
the effects of alcohol and or drugs.
How do the Police know I’m Driving Under the Influence (DUI)?
Field Sobriety Tests and Drunk Driving Checkpoints
Researchers have developed a variety of tests that are designed
to determine whether a person is likely to be intoxicated. A
police officer performs these tests on suspects after the
officer has stopped a person on suspicion of drunk driving.
These tests allow an officer to observe a suspect's balance,
physical ability, attention level, or other factors that the
officer may use to determine whether the suspect is impaired.
Officers often record a suspect's performance of these tests,
and this practice generally has been upheld on appeal.
In several states, authorities have set up checkpoints where
officers can question drivers in an effort to catch drunk
drivers. These checkpoints are often set up during holidays when
people are more likely to drink, such as New Year's Eve. Courts
in the majority of states have upheld these checkpoints against
challenges that these checkpoints are unconstitutional.
Driving
Under the Influence (DUI)
In Connecticut,
operating a motor vehicle while under the influence of
alcohol and/or drugs is a criminal offense. This offense
may be prosecuted with or without any direct evidence of a
person's BAC. BAC is an acronym for "Blood Alcohol
Concentration". The determining factor is whether a
person's ability to drive has been impaired.
If You
are Arrested for DUI:
-
You will be detained by the police and read your rights.
-
Your vehicle will be towed at your expense.
-
You will be taken in a police cruiser to the police
station.
-
If the test registers a BAC of .08 or higher, you will
be held on the presumption that you were operating under
the influence.
-
You will be kept in a police lock-up until you are
bailed out.
Refusing a
Chemical Test: "Implied Consent" Law
Connecticut's
Implied Consent Law
means that
any
person who operates a motor vehicle is presumed to have
given his or her consent to a test to determine blood
alcohol concentration (BAC).
You are legally intoxicated if your BAC is .08 or above. If
you are under 21 years of age, you are legally intoxicated
at a .02 BAC or higher.
All states
have "implied consent" laws that require vehicle drivers to
submit to some form of chemical test, such as breath, blood, or
urine testing, if suspected of DUI. The logic behind such laws
is that, by assuming the privilege of driving a vehicle on state
roads and highways, drivers have effectively given their consent
to DUI testing when a police officer reasonably believes the
driver is under the influence of alcohol or drugs. If a driver
refuses to submit to such testing, implied consent laws carry
penalties such as mandatory suspension of a driver's license,
usually for six months to a year. Often, license sanctions for
test refusal are more harsh than those imposed after DUI test
failure. In most states a driver's refusal to submit to a
chemical test may be used to enhance the penalties imposed if he
or she is eventually convicted for DUI.
"Per Se" and "Zero Tolerance" DUI Laws
All states have DUI laws that deem "per se intoxicated" any
driver with a blood-alcohol concentration (BAC) above a set
limit (now .08 in all states). This means that drivers with a
BAC at or above .08 are intoxicated in the eyes of the law, and
no additional proof of driving impairment is necessary.
All states also carry "zero tolerance" laws that target drivers
under the legal drinking age. These laws penalize persons under
21 for operating a vehicle with any trace of alcohol in their
systems (a BAC above 0.0), or with negligible BAC levels such as
.01 or .02.
Keep in mind that a driver may still be arrested and convicted
for DUI without proof of "per se" intoxication, when other
evidence of impaired driving is shown. For example, a driver
with a .06 BAC level can be found guilty of DUI if an arresting
law enforcement officer testifies that he observed the driver's
vehicle swerving badly, and that the driver exhibited both
slurred speech and severe inattention during questioning after a
vehicle stop.
Criminal Penalties for DUI in Connecticut are
Severe!
DON'T GO
IT ALONE!
YOU NEED AN EXPERIENCED CONNECTICUT DUI ATTORNEY TO ADVISE
YOU AND REPRESENT YOU!
Under
Connecticut's criminal law, a driver arrested for DUI will
receive both a summons and a court date. If the court
proceedings result in a conviction, the
following penalties must be imposed:
|
First Offense*
|
Second Offense
Within Connecticut
Out-of-State
|
Third Offense*
(within 10 years of last
conviction)
|
|
Fine:
$500 to $1,000
|
$1,000 to $4,000
|
$2,000 to $8,000
|
|
Jail:
6 mo. 48 hrs.
minimum mandatory
or 6 mo., suspended with
100 hrs. community service.
|
2 yrs., 120 days
minimum mandatory
and 100 hrs. of
community service.
|
3 yrs., 1 yr. minimum mandatory
and 100 hrs.of community service.
|
|
License Suspension: One year
|
If the arrest was in
Connecticut, for suspensions
effective on or after 11/09/2005, the suspension
is one year followed by 24 months with an
approved ignition interlock device.
Suspension duration imposed for
arrests that did not occur
in Connecticut is three years.
If the operator is under 21 years
of age, the suspension
is three years or until 21 years of age
(whichever is longer).
|
Permanent Revocation
(Effective Oct. 1, the person may
request a hearing after at least 6 years after
date of revocation)
|
Sec.
14-227a. Operation while under the influence of liquor
or drug or while having an elevated blood alcohol
content.
(a)
Operation while under the influence or while having an
elevated blood alcohol content. No person shall
operate a motor vehicle while under the influence of
intoxicating liquor or any drug or both. A person
commits the offense of operating a motor vehicle while
under the influence of intoxicating liquor or any drug
or both if such person operates a motor vehicle (1)
while under the influence of intoxicating liquor or any
drug or both, or (2) while such person has an elevated
blood alcohol content. For the purposes of this section,
"elevated blood alcohol content" means a ratio of
alcohol in the blood of such person that is
eight-hundredths of one per cent or more of alcohol, by
weight, and "motor vehicle" includes a snowmobile and
all-terrain vehicle, as those terms are defined in
section 14-379.
(b)
Admissibility of chemical analysis. Except as
provided in subsection (c) of this section, in any
criminal prosecution for violation of subsection (a) of
this section, evidence respecting the amount of alcohol
or drug in the defendant's blood or urine at the time of
the alleged offense, as shown by a chemical analysis of
the defendant's breath, blood or urine shall be
admissible and competent provided: (1) The defendant was
afforded a reasonable opportunity to telephone an
attorney prior to the performance of the test and
consented to the taking of the test upon which such
analysis is made; (2) a true copy of the report of the
test result was mailed to or personally delivered to the
defendant within twenty-four hours or by the end of the
next regular business day, after such result was known,
whichever is later; (3) the test was performed by or at
the direction of a police officer according to methods
and with equipment approved by the Department of Public
Safety and was performed in accordance with the
regulations adopted under subsection (d) of this
section; (4) the device used for such test was checked
for accuracy in accordance with the regulations adopted
under subsection (d) of this section; (5) an additional
chemical test of the same type was performed at least
thirty minutes after the initial test was performed or,
if requested by the police officer for reasonable cause,
an additional chemical test of a different type was
performed to detect the presence of a drug or drugs
other than or in addition to alcohol, provided the
results of the initial test shall not be inadmissible
under this subsection if reasonable efforts were made to
have such additional test performed in accordance with
the conditions set forth in this subsection and such
additional test was not performed or was not performed
within a reasonable time, or the results of such
additional test are not admissible for failure to meet a
condition set forth in this subsection; and (6) evidence
is presented that the test was commenced within two
hours of operation. In any prosecution under this
section it shall be a rebuttable presumption that the
results of such chemical analysis establish the ratio of
alcohol in the blood of the defendant at the time of the
alleged offense, except that if the results of the
additional test indicate that the ratio of alcohol in
the blood of such defendant is twelve-hundredths of one
per cent or less of alcohol, by weight, and is higher
than the results of the first test, evidence shall be
presented that demonstrates that the test results and
the analysis thereof accurately indicate the blood
alcohol content at the time of the alleged offense.
(c)
Evidence of blood alcohol content. In any
prosecution for a violation of subdivision (1) of
subsection (a) of this section, reliable evidence
respecting the amount of alcohol in the defendant's
blood or urine at the time of the alleged offense, as
shown by a chemical analysis of the defendant's blood,
breath or urine, otherwise admissible under subsection
(b) of this section, shall be admissible only at the
request of the defendant.
(d)
Testing and analysis of blood, breath and urine. The
Commissioner of Public Safety shall ascertain the
reliability of each method and type of device offered
for chemical testing and analysis purposes of blood, of
breath and of urine and certify those methods and types
which said commissioner finds suitable for use in
testing and analysis of blood, breath and urine,
respectively, in this state. The Commissioner of Public
Safety shall adopt regulations, in accordance with
chapter 54, governing the conduct of chemical tests, the
operation and use of chemical test devices, the training
and certification of operators of such devices and the
drawing or obtaining of blood, breath or urine samples
as said commissioner finds necessary to protect the
health and safety of persons who submit to chemical
tests and to insure reasonable accuracy in testing
results. Such regulations shall not require
recertification of a police officer solely because such
officer terminates such officer's employment with the
law enforcement agency for which certification was
originally issued and commences employment with another
such agency.
(e)
Evidence of refusal to submit to test. In any
criminal prosecution for a violation of subsection (a)
of this section, evidence that the defendant refused to
submit to a blood, breath or urine test requested in
accordance with section 14-227b shall be admissible
provided the requirements of subsection (b) of said
section have been satisfied. If a case involving a
violation of subsection (a) of this section is tried to
a jury, the court shall instruct the jury as to any
inference that may or may not be drawn from the
defendant's refusal to submit to a blood, breath or
urine test.
(f)
Reduction, nolle or dismissal prohibited. If a
person is charged with a violation of the provisions of
subsection (a) of this section, the charge may not be
reduced, nolled or dismissed unless the prosecuting
authority states in open court such prosecutor's reasons
for the reduction, nolle or dismissal.
(g)
Penalties for operation while under the influence.
Any person who violates any provision of subsection (a)
of this section shall: (1) For conviction of a first
violation, (A) be fined not less than five hundred
dollars or more than one thousand dollars, and (B) be (i)
imprisoned not more than six months, forty-eight
consecutive hours of which may not be suspended or
reduced in any manner, or (ii) imprisoned not more than
six months, with the execution of such sentence of
imprisonment suspended entirely and a period of
probation imposed requiring as a condition of such
probation that such person perform one hundred hours of
community service, as defined in section 14-227e, and
(C) have such person's motor vehicle operator's license
or nonresident operating privilege suspended for one
year; (2) for conviction of a second violation within
ten years after a prior conviction for the same offense,
(A) be fined not less than one thousand dollars or more
than four thousand dollars, (B) be imprisoned not more
than two years, one hundred twenty consecutive days of
which may not be suspended or reduced in any manner, and
sentenced to a period of probation requiring as a
condition of such probation that such person perform one
hundred hours of community service, as defined in
section 14-227e, and (C) (i) have such person's motor
vehicle operator's license or nonresident operating
privilege suspended for three years or until the date of
such person's twenty-first birthday, whichever is
longer, or (ii) if such person has been convicted of a
violation of subdivision (1) of subsection (a) of this
section on account of being under the influence of
intoxicating liquor or of subdivision (2) of subsection
(a) of this section, have such person's motor vehicle
operator's license or nonresident operating privilege
suspended for one year and be prohibited for the
two-year period following completion of such period of
suspension from operating a motor vehicle unless such
motor vehicle is equipped with a functioning, approved
ignition interlock device, as defined in section
14-227j; and (3) for conviction of a third and
subsequent violation within ten years after a prior
conviction for the same offense, (A) be fined not less
than two thousand dollars or more than eight thousand
dollars, (B) be imprisoned not more than three years,
one year of which may not be suspended or reduced in any
manner, and sentenced to a period of probation requiring
as a condition of such probation that such person
perform one hundred hours of community service, as
defined in section 14-227e, and (C) have such person's
motor vehicle operator's license or nonresident
operating privilege permanently revoked upon such third
offense. For purposes of the imposition of penalties for
a second or third and subsequent offense pursuant to
this subsection, a conviction under the provisions of
subsection (a) of this section in effect on October 1,
1981, or as amended thereafter, a conviction under the
provisions of either subdivision (1) or (2) of
subsection (a) of this section, a conviction under the
provisions of section 53a-56b or 53a-60d or a conviction
in any other state of any offense the essential elements
of which are determined by the court to be substantially
the same as subdivision (1) or (2) of subsection (a) of
this section or section 53a-56b or 53a-60d, shall
constitute a prior conviction for the same offense.
(h)
Suspension of operator's license or nonresident
operating privilege. (1) Each court shall report
each conviction under subsection (a) of this section to
the Commissioner of Motor Vehicles, in accordance with
the provisions of section 14-141. The commissioner shall
suspend the motor vehicle operator's license or
nonresident operating privilege of the person reported
as convicted for the period of time required by
subsection (g) of this section. The commissioner shall
determine the period of time required by said subsection
(g) based on the number of convictions such person has
had within the specified time period according to such
person's driving history record, notwithstanding the
sentence imposed by the court for such conviction. (2)
The motor vehicle operator's license or nonresident
operating privilege of a person found guilty under
subsection (a) of this section who is under eighteen
years of age shall be suspended by the commissioner for
the period of time set forth in subsection (g) of this
section, or until such person attains the age of
eighteen years, whichever period is longer. (3) The
motor vehicle operator's license or nonresident
operating privilege of a person found guilty under
subsection (a) of this section who, at the time of the
offense, was operating a motor vehicle in accordance
with a special operator's permit issued pursuant to
section 14-37a shall be suspended by the commissioner
for twice the period of time set forth in subsection (g)
of this section. (4) If an appeal of any conviction
under subsection (a) of this section is taken, the
suspension of the motor vehicle operator's license or
nonresident operating privilege by the commissioner, in
accordance with this subsection, shall be stayed during
the pendency of such appeal.
(i)
Installation of ignition interlock device. (1) The
Commissioner of Motor Vehicles shall permit a person
whose license has been suspended in accordance with the
provisions of subparagraph (C)(ii) of subdivision (2) of
subsection (g) of this section to operate a motor
vehicle if (A) such person has served not less than one
year of such suspension, and (B) such person has
installed an approved ignition interlock device in each
motor vehicle owned or to be operated by such person. No
person whose license is suspended by the commissioner
for any other reason shall be eligible to operate a
motor vehicle equipped with an approved ignition
interlock device. (2) All costs of installing and
maintaining an ignition interlock device shall be borne
by the person required to install such device. (3) The
commissioner shall adopt regulations, in accordance with
the provisions of chapter 54, to implement the
provisions of this subsection. The regulations shall
establish procedures for the approval of ignition
interlock devices, for the proper calibration and
maintenance of such devices and for the installation of
such devices by any firm approved and authorized by the
commissioner. (4) The provisions of this subsection
shall not be construed to authorize the continued
operation of a motor vehicle equipped with an ignition
interlock device by any person whose operator's license
or nonresident operating privilege is withdrawn,
suspended or revoked for any other reason. (5) The
provisions of this subsection shall apply to any person
whose license has been suspended in accordance with the
provisions of subparagraph (C)(ii) of subdivision (2) of
subsection (g) of this section on or after September 1,
2003.
(j)
Participation in alcohol education and treatment
program. In addition to any fine or sentence imposed
pursuant to the provisions of subsection (g) of this
section, the court may order such person to participate
in an alcohol education and treatment program.
(k)
Seizure and admissibility of medical records of injured
operator. Notwithstanding the provisions of
subsection (b) of this section, evidence respecting the
amount of alcohol or drug in the blood or urine of an
operator of a motor vehicle involved in an accident who
has suffered or allegedly suffered physical injury in
such accident, which evidence is derived from a chemical
analysis of a blood sample taken from or a urine sample
provided by such person after such accident at the scene
of the accident, while en route to a hospital or at a
hospital, shall be competent evidence to establish
probable cause for the arrest by warrant of such person
for a violation of subsection (a) of this section and
shall be admissible and competent in any subsequent
prosecution thereof if: (1) The blood sample was taken
or the urine sample was provided for the diagnosis and
treatment of such injury; (2) if a blood sample was
taken, the blood sample was taken in accordance with the
regulations adopted under subsection (d) of this
section; (3) a police officer has demonstrated to the
satisfaction of a judge of the Superior Court that such
officer has reason to believe that such person was
operating a motor vehicle while under the influence of
intoxicating liquor or drug or both and that the
chemical analysis of such blood or urine sample
constitutes evidence of the commission of the offense of
operating a motor vehicle while under the influence of
intoxicating liquor or drug or both in violation of
subsection (a) of this section; and (4) such judge has
issued a search warrant in accordance with section
54-33a authorizing the seizure of the chemical analysis
of such blood or urine sample. Such search warrant may
also authorize the seizure of the medical records
prepared by the hospital in connection with the
diagnosis or treatment of such injury.
(l)
Participation in victim impact panel program. If the
court sentences a person convicted of a violation of
subsection (a) of this section to a period of probation,
the court may require as a condition of such probation
that such person participate in a victim impact panel
program approved by the Court Support Services Division
of the Judicial Department. Such victim impact panel
program shall provide a nonconfrontational forum for the
victims of alcohol-related or drug-related offenses and
offenders to share experiences on the impact of
alcohol-related or drug-related incidents in their
lives. Such victim impact panel program shall be
conducted by a nonprofit organization that advocates on
behalf of victims of accidents caused by persons who
operated a motor vehicle while under the influence of
intoxicating liquor or any drug, or both. Such
organization may assess a participation fee of not more
than twenty-five dollars on any person required by the
court to participate in such program.
(1963,
P.A. 616, S. 1; February, 1965, P.A. 219; 1967, P.A.
612, S. 1; 1969, P.A. 450, S. 4; 1971, P.A. 318; 741;
P.A. 73-253, S. 4; P.A. 75-308, S. 1; P.A. 76-6, S. 1,
2; P.A. 77-340, S. 8; 77-614, S. 323, 610; P.A. 80-438,
S. 2, 3; P.A. 81-144, S. 1, 2; 81-446, S. 2; P.A.
82-408, S. 2; P.A. 83-63, S. 1-3; 83-534, S. 1; 83-571,
S. 4; P.A. 84-198, S. 3, 7; 84-429, S. 40; 84-546, S.
43, 173; P.A. 85-387, S. 1; 85-596, S. 1; P.A. 86-345;
P.A. 88-85; 88-302; P.A. 89-110, S. 4; 89-314, S. 2, 5;
P.A. 90-230, S. 21, 101; P.A. 91-407, S. 9, 42; P.A.
93-271, S. 2, 3; 93-302, S. 1-3; 93-371, S. 2, 4, 5;
93-381, S. 9, 39; P.A. 94-60; May 25 Sp. Sess. P.A.
94-1, S. 18, 130; P.A. 95-257, S. 12, 21, 58; 95-314, S.
1; P.A. 99-218, S. 3, 4, 16; 99-255, S. 1; P.A. 00-196,
S. 49, 50; P.A. 01-201, S. 1; P.A. 02-70, S. 69; May 9
Sp. Sess. P.A. 02-1, S. 108; P.A. 03-265, S. 1; 03-278,
S. 47; P.A. 04-199, S. 31; 04-257, S. 101; P.A. 05-218,
S. 28; June Sp. Sess. P.A. 05-3, S. 111; P.A. 06-147, S.
1.)
History: 1965 act added district roads to Subsec. (a);
1967 act prohibited operation of vehicle while under
influence of both liquor and intoxicating drug in Subsec.
(a); 1969 act included in prohibition operation of
vehicle on private roads with established speed limits;
1971 acts included in prohibition operation of vehicle
in parking area for ten or more cars, reduced alcohol in
blood level from fifteen-hundredths to ten-hundredths of
one per cent of alcohol and clarified evidential aspect
of test results in Subdiv. (2) of Subsec. (c) and
increased minimum fine from one hundred to one hundred
fifty dollars; P.A. 73-253 included in prohibition of
Subsec. (a) operation of vehicle on school property;
P.A. 75-308 amended Subsec. (b)(4) to require testing of
device at beginning and end of workday rather than
within thirty days of test and immediately after test
administered; P.A. 76-6 included reference to amount of
drug in system under Subsec. (b) and to urine tests
under Subsecs. (b) and (d); P.A. 77-340 replaced
reference to Sec. 14-219 in Subsec. (a) with reference
to Sec. 14-218a; P.A. 77-614 replaced commissioner and
department of health with commissioner and department of
health services, effective January 1, 1979; P.A. 80-438
allowed administering of test by emergency medical
technician II; P.A. 81-144 amended Subsec. (b) to allow
the department of health services to certify individuals
other than health services department personnel to check
test devices for accuracy; P.A. 81-446 added the
requirements that two tests be performed, with the
second test performed not less than thirty or more than
forty minutes after the first test, and that evidence be
presented which demonstrates that the test results
accurately reflect the blood alcohol content at the time
of the alleged offense in Subsec. (b) and added Subsecs.
(e) and (f) re participation in an alcohol education and
treatment program in lieu of the two-day minimum
mandatory sentence, and re violations charged to persons
arrested for a second or subsequent violation of
section, with a blood alcohol ratio of at least
ten-hundredths of one per cent or more of alcohol at the
time of the alleged offense; P.A. 82-408 eliminated two
test requirement in Subsec. (b), added provision in
Subsec. (e) re mandatory two day sentence if blood
alcohol test indicates ratio of alcohol in blood was
twenty-hundredths of one per cent or more of alcohol and
changed two day minimum mandatory sentence for second
offenders to thirty day sentence served by performing
community service on fifteen weekends, such service to
be approved by office of adult probation, amended Subsec.
(f) by changing "in lieu of" to "in addition to" and
eliminated consent and payment requirement for
participation and added Subsec. (h) providing for
twenty-four-hour revocation of license by arresting
police officer; P.A. 83-63 amended Subsec. (b) to allow
test reports to be personally delivered to the defendant
by the close of the next business day, if later than
twenty-four hours and authorized the performance of such
tests by persons recertified by persons certified by the
commissioner of health services and amended Subsec. (d)
to provide regulations for annual recertification of
operators; P.A. 83-534 inserted a new Subsec. (b) re
operation while impaired, amended Subsec. (c) to permit
the test result to be "personally delivered" to the
defendant within twenty-four hours "or by the end of the
next regular business day", whichever is later, and to
provide that the initial test results will not be
excluded if the police made reasonable efforts to have
an additional test performed but it was not performed
within a reasonable time, amended Subsec. (d) to specify
the blood alcohol content that constitutes impairment,
inserted a new Subsec. (f) re the admissibility into
evidence of a defendant's refusal to submit to a test,
inserted a new Subsec. (g) re a prohibition on reducing,
nolleing or dismissing the charge, inserted a new Subsec.
(h) to replace former penalties for operation while
under the influence with new penalties, inserted a new
Subsec. (i) re the penalty for operating while impaired,
inserted a new Subsec. (j) re the suspension of the
operator's license of a person found guilty of operating
while under the influence, and relettered the
intervening and remaining subsections accordingly; P.A.
83-571 amended new Subsec. (h) to increase the period of
license suspension provided in P.A. 83-534 from six
months to one year for a first offense and from one year
to two years for a second offense; P.A. 84-198 amended
Subsec. (f) by replacing "the case" with "a case
involving a violation of subsection (a) of this
section"; P.A. 84-429 rephrased provisions and made
other technical changes in Subsecs. (a) and (b); P.A.
84-546 made technical change in Subsec. (i); P.A. 85-387
amended Subsec. (h) to increase the penalty for a first
violation by mandating a term of imprisonment,
forty-eight consecutive hours of which may not be
suspended or reduced on any manner, or a term of one
hundred hours of community service, to increase the
minimum mandatory penalty for a second violation from
forty-eight consecutive hours to ten days, to increase
the minimum mandatory penalty for a third violation from
thirty to one hundred twenty days, and to provide that a
second, third, fourth or subsequent violation is one
which occurs within five years after a prior conviction
for the same offense; P.A. 85-596 amended Subsec. (a) to
add provision that person commits offense of operating a
motor vehicle while under the influence "while the ratio
of alcohol in the blood of such person is ten-hundredths
of one per cent or more of alcohol, by weight", amended
Subsec. (c) to provide that the defendant be afforded a
reasonable opportunity to telephone an attorney prior to
the performance of the test and that the test be
performed by or at the direction of a police officer, to
make an additional test mandatory rather than optional,
to insert "and the analysis thereof" in Subdiv. (6) and
to delete the requirement that additional competent
evidence be presented bearing on the question of whether
or not the defendant was under the influence, amended
Subsec. (d) to replace provisions concerning the weight
to be given to evidence of certain percentages of
blood-alcohol content with provision that in prosecution
for violation of Subsec. (a)(1) such evidence shall be
admissible only at the request of the defendant, and
amended Subsec. (h) to provide that a conviction under
either Subdiv. (1) or (2) of Subsec. (a) constitutes a
prior offense; P.A. 86-345 added Subsec. (m) re the
seizure, admissibility and competency of evidence
derived from a chemical analysis of a blood sample taken
from an injured operator at a hospital; P.A. 88-85
amended Subdiv. (4) of Subsec. (c) to require that the
device be checked for accuracy immediately before and
after the test was performed rather than at the
beginning of each workday and no later than the end of
each workday; P.A. 88-302 amended Subsec. (h) to provide
that the performance of community service for conviction
of a first violation is to be as a condition of
probation imposed in connection with a sentence to a
term of imprisonment of not more than six months with
the execution of such sentence of imprisonment suspended
entirely; P.A. 89-110 amended Subsec. (h) to make a
technical change in Subdiv. (2) and to provide that for
purposes of the penalty for a subsequent offense after a
prior conviction for the same offense a conviction under
Sec. 53a-56b or 53a-60d constitutes a prior conviction
for the same offense; P.A. 89-314 amended Subsec. (h) to
insert "consecutive" in Subdivs. (2) and (3) and deleted
Subsec. (l) re the twenty-four-hour revocation by the
arresting police officer of the license of a person with
a blood alcohol concentration of ten-hundredths of one
per cent or more, and relettered the remaining Subsec.
accordingly; P.A. 90-230 made technical change in Subsec.
(e); P.A. 91-407 amended Subdiv. (2) of Subsec. (l) by
adding "a resident physician or intern in any hospital
in this state" and made technical change in Subdiv. (3);
P.A. 93-271 amended Subsec. (e) to provide that
regulations shall not require recertification of a
police officer solely because he transfers from one law
enforcement agency to another, effective June 29, 1993;
P.A. 93-302 amended Subsecs. (c) and (l) by adding
phlebotomists to the list of persons qualified to take
blood samples and added Subsec. (m) defining
"phlebotomist"; P.A. 93-371 amended Subsec. (c) to
require in Subdiv. (6) that evidence be presented "that
the test was commenced within two hours of operation"
rather than that evidence be presented "which
demonstrates that the test results and analysis thereof
accurately reflect the blood alcohol content at the time
of the alleged offense" and to add provision
establishing a rebuttable presumption that the results
of the chemical analysis indicate the blood alcohol
ratio at the time of the alleged offense and requiring
additional evidence be presented when the results of the
additional test indicate a blood alcohol ratio of
twelve-hundredths of one per cent or less and is higher
than the results of the first test and amended Subsec.
(j) to add Subdiv. (3) re the period of suspension for a
person who, at the time of the offense, was operating
under a special operator's permit issued pursuant to
Sec. 14-37a, effective July 1, 1993; P.A. 93-381
replaced department and commissioner of health services
with department and commissioner of public health and
addiction services, effective July 1, 1993; P.A. 94-60
amended Subsec. (l) to authorize the taking of a blood
sample "at the scene of the accident" or "while en route
to the hospital" rather than only "at a hospital", to
delete the requirement in Subdiv. (1) that the blood
sample be taken "in the regular course of business of
the hospital" and to make a technical change in Subdiv.
(2); May 25 Sp. Sess. P.A. 94-1 made technical change,
effective July 1, 1994; P.A. 95-257 replaced
Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995; P.A. 95-314
amended Subdiv. (5) of Subsec. (c) to allow an
additional chemical test of a different type to be
performed if requested by the police officer for
reasonable cause, amended Subsec. (d) to eliminate
reference to drugs, and amended Subdivs. (2) to (4),
inclusive, of Subsec. (h) to provide that a second,
third, fourth or subsequent violation is one which
occurs within ten years, in lieu of five years, after a
prior conviction for the same offense; P.A. 99-218
amended Subsecs. (c) and (e) by replacing the Department
and Commissioner of Public Health with the Department
and Commissioner of Public Safety and by making
technical changes, effective July 1, 1999; P.A. 99-255
amended Subsec. (a) to replace the prohibition in Subdiv.
(2) of operating a motor vehicle "while the ratio of
alcohol in the blood of such person is ten-hundredths of
one per cent or more of alcohol, by weight" with "while
such person has an elevated blood alcohol content" and
added definition of "elevated blood alcohol content",
amended Subsec. (c) to require in Subdiv. (3) that the
test be performed "in accordance with the regulations
adopted under subsection (e) of this section", replacing
provisions that required the test be performed by
persons certified or recertified by the Department of
Public Health or recertified by persons certified as
instructors by the commissioner of said department and
that required a blood test be taken by a physician,
phlebotomist, qualified laboratory technician, emergency
medical technician II or registered nurse, and to
require in Subdiv. (4) that the device was checked for
accuracy "in accordance with the regulations adopted
under subsection (e) of this section" rather than
"immediately before and after such test was performed by
a person certified by the Department of Public Health",
amended Subsec. (e) to make provisions applicable to
methods and types of devices for the "analysis" of
blood, breath and urine and to replace provision that
required the Commissioner of Public Health to adopt
regulations "governing the conduct of chemical tests,
the operation and use of chemical test devices, and the
training, certification and annual recertification of
operators of such devices" with provision that required
the "Commissioner of Public Safety, in consultation with
the Commissioner of Public Health" to adopt regulations
"governing the conduct of chemical tests, the operation
and use of chemical test devices, the training and
certification of operators of such devices and the
drawing or obtaining of blood, breath or urine samples",
amended Subsec. (h) to increase the penalties for a
second violation by increasing the fine from not less
than five hundred dollars nor more than two thousand
dollars to not less than one thousand dollars nor more
than four thousand dollars, increasing the term of
imprisonment from a maximum of one year with a
nonsuspendable period of ten consecutive days to a
maximum of two years with a nonsuspendable period of one
hundred twenty consecutive days, adding the requirement
that the person perform one hundred hours of community
service as a condition of probation, and increasing the
license suspension from two years to "three years or
until the date of such person's twenty-first birthday,
whichever is longer", to increase the penalties for a
third and subsequent violation by deleting former Subdiv.
(3) that had specified penalties for a third violation,
renumbering former Subdiv. (4) as Subdiv. (3), amending
said Subdiv. (3) to make the penalties applicable to a
"third and subsequent violation" rather than a "fourth
and subsequent violation" and add requirement that the
person perform one hundred hours of community service as
a condition of probation, and to add provision that "a
conviction in any other state of any offense the
essential elements of which are determined by the court
to be substantially the same as subdivision (1) or (2)
of subsection (a) of this section or 53a-56b or 53a-60d"
constitutes a prior conviction, amended Subsec. (i) to
change the penalty from an infraction to a fine of not
more than two hundred dollars, amended Subsec. (j) to
replace provisions of Subdiv. (1) requiring that the
suspension take effect immediately upon the expiration
of the appeal period, providing that the suspension is
stayed during the appeal and requiring the defendant to
send his license or nonresident operating privilege to
the department when the suspension takes effect, with
new provisions requiring each court to report each
conviction to the department and requiring the
commissioner to suspend the license or nonresident
operating privilege for the time period required by
Subsec. (h), to add Subdiv. (4) requiring the license of
a convicted person to indicate that such person is an
at-risk operator and defining "at-risk operator" and to
add Subdiv. (5) providing that the suspension by the
commissioner is stayed during the pendency of an appeal
of a conviction, amended Subsec. (l) to make provisions
applicable to evidence from an analysis of a urine
sample from the injured operator, to require in Subdiv.
(2) that the blood sample was taken "in accordance with
regulations adopted under subsection (e) of this
section" rather than "by a person licensed to practice
medicine in this state, a resident physician or intern
in any hospital in this state, a phlebotomist, a
qualified laboratory technician, an emergency medical
technician II or a registered nurse", and to add
provision that the search warrant may also authorize the
seizure of medical records prepared by the hospital in
connection with the diagnosis or treatment of such
injury, deleted former Subsec. (m) defining
"phlebotomist", and made technical changes for purposes
of gender neutrality; P.A. 00-196 made technical changes
in Subsecs. (h) and (l); P.A. 01-201 added Subsec. (m)
to authorize the court to require participation in a
victim impact panel program as a condition of probation;
P.A. 02-70 amended Subsec. (j) by adding provision in
Subdiv. (1) to require the commissioner to determine the
applicable suspension period based on the number of
convictions on the person's driving history record,
notwithstanding the sentence imposed by the court for
such conviction, deleting former Subdiv. (4) re
mandatory indication of "at-risk operator" on reverse
side of operator's license and redesignating existing
Subdiv. (5) as Subdiv. (4), effective July 1, 2002; May
9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to reduce
ratio of alcohol in blood from ten-hundredths to
eight-hundredths of one per cent or more of alcohol in
definition of "elevated blood alcohol content" and
eliminated from such definition Subpara. (A) designator
and provisions of Subpara. (B) "if such person has been
convicted of a violation of this subsection, a ratio of
alcohol in the blood of such person that is
seven-hundredths of one per cent or more of alcohol, by
weight", deleted former Subsecs. (b) and (i) re offense
of operation while impaired and fine for violation,
redesignated existing Subsecs. (c) to (h) as Subsecs.
(b) to (g) and existing Subsecs. (j) to (m) as Subsecs.
(h) to (k),amended redesignated Subsec. (d) to eliminate
reference to Commissioner of Public Health in adopting
regulations re chemical tests, and made technical
changes throughout, effective July 1, 2002; P.A. 03-265
amended Subsec. (g)(2)(C) to designate existing
provision re duration of suspension as clause (i) and to
add clause (ii) re license suspension of one year
followed by a prohibition for two years on operating a
motor vehicle unless the motor vehicle is equipped with
an ignition interlock device if the person is convicted
of a violation of Subsec. (a)(1) on account of being
under the influence of intoxicating liquor or of Subsec.
(a)(2); P.A. 03-278 made technical changes in Subsec.
(g), effective July 9, 2003; P.A. 04-199 made a
technical change in Subsec. (g), added new Subsec. (i)
re installation of an ignition interlock device and
redesignated existing Subsecs. (i) to (k) as new Subsecs.
(j) to (l), respectively, effective July 1, 2004; P.A.
04-257 made a technical change in Subsec. (g), effective
June 14, 2004; P.A. 05-218 amended Subsec. (i) by
inserting "passenger" re motor vehicle and removing
provision re no enrollment in treatment program or
obtained waiver in Subdiv. (1), deleting former Subdiv.
(2) re condition rendering person incapable of safely
operating a motor vehicle, redesignating existing
Subdivs. (3) to (6) as new Subdivs. (2) to (5) and, in
new Subdiv. (4), inserting "for any other reason"; June
Sp. Sess. P.A. 05-3 amended Subsec. (i)(1) by deleting
the word "passenger" added by P.A. 05-218; P.A. 06-147
amended Subsec. (a) to delete requirement that the motor
vehicle be operated on public highway of state or on
road of specified district organized under the
provisions of chapter 105 or on private road on which a
speed limit has been established pursuant to Sec.
14-218a or in parking area for ten or more cars or on
school property, and defined "motor vehicle" to include
snowmobiles and all-terrain vehicles.
|
Sec.
14-227b. Implied consent to test operator's blood,
breath or urine. Testing procedures. License suspension.
Hearing.
(a)
Any person who operates a motor vehicle in this state
shall be deemed to have given such person's consent to a
chemical analysis of such person's blood, breath or
urine and, if such person is a minor, such person's
parent or parents or guardian shall also be deemed to
have given their consent.
(b) If
any such person, having been placed under arrest for
operating a motor vehicle while under the influence of
intoxicating liquor or any drug or both, and thereafter,
after being apprised of such person's constitutional
rights, having been requested to submit to a blood,
breath or urine test at the option of the police
officer, having been afforded a reasonable opportunity
to telephone an attorney prior to the performance of
such test and having been informed that such person's
license or nonresident operating privilege may be
suspended in accordance with the provisions of this
section if such person refuses to submit to such test or
if such person submits to such test and the results of
such test indicate that such person has an elevated
blood alcohol content, and that evidence of any such
refusal shall be admissible in accordance with
subsection (e) of section 14-227a and may be used
against such person in any criminal prosecution, refuses
to submit to the designated test, the test shall not be
given; provided, if the person refuses or is unable to
submit to a blood test, the police officer shall
designate the breath or urine test as the test to be
taken. The police officer shall make a notation upon the
records of the police department that such officer
informed the person that such person's license or
nonresident operating privilege may be suspended if such
person refused to submit to such test or if such person
submitted to such test and the results of such test
indicated that such person had an elevated blood alcohol
content.
(c) If
the person arrested refuses to submit to such test or
analysis or submits to such test or analysis, commenced
within two hours of the time of operation, and the
results of such test or analysis indicate that such
person has an elevated blood alcohol content, the police
officer, acting on behalf of the Commissioner of Motor
Vehicles, shall immediately revoke and take possession
of the motor vehicle operator's license or, if such
person is a nonresident, suspend the nonresident
operating privilege of such person, for a
twenty-four-hour period. The police officer shall
prepare a written report of the incident and shall mail
the report and a copy of the results of any chemical
test or analysis to the Department of Motor Vehicles
within three business days. The report shall be made on
a form approved by the Commissioner of Motor Vehicles
and shall be subscribed and sworn to under penalty of
false statement as provided in section 53a-157b by the
arresting officer. If the person arrested refused to
submit to such test or analysis, the report shall be
endorsed by a third person who witnessed such refusal.
The report shall set forth the grounds for the officer's
belief that there was probable cause to arrest such
person for operating a motor vehicle while under the
influence of intoxicating liquor or any drug or both and
shall state that such person had refused to submit to
such test or analysis when requested by such police
officer to do so or that such person submitted to such
test or analysis, commenced within two hours of the time
of operation, and the results of such test or analysis
indicated that such person had an elevated blood alcohol
content.
(d) If
the person arrested submits to a blood or urine test at
the request of the police officer, and the specimen
requires laboratory analysis in order to obtain the test
results, the police officer shall not take possession of
the motor vehicle operator's license of such person or,
except as provided in this subsection, follow the
procedures subsequent to taking possession of the
operator's license as set forth in subsection (c) of
this section. If the test results indicate that such
person has an elevated blood alcohol content, the police
officer, immediately upon receipt of the test results,
shall notify the Commissioner of Motor Vehicles and
submit to the commissioner the written report required
pursuant to subsection (c) of this section.
(e)
(1) Except as provided in subdivision (2) of this
subsection, upon receipt of such report, the
Commissioner of Motor Vehicles may suspend any license
or nonresident operating privilege of such person
effective as of a date certain, which date shall be not
later than thirty days after the date such person
received notice of such person's arrest by the police
officer. Any person whose license or operating privilege
has been suspended in accordance with this subdivision
shall automatically be entitled to a hearing before the
commissioner to be held prior to the effective date of
the suspension. The commissioner shall send a suspension
notice to such person informing such person that such
person's operator's license or nonresident operating
privilege is suspended as of a date certain and that
such person is entitled to a hearing prior to the
effective date of the suspension and may schedule such
hearing by contacting the Department of Motor Vehicles
not later than seven days after the date of mailing of
such suspension notice.
(2) If
the person arrested (A) is involved in an accident
resulting in a fatality, or (B) has previously had such
person's operator's license or nonresident operating
privilege suspended under the provisions of section
14-227a during the ten-year period preceding the present
arrest, upon receipt of such report, the Commissioner of
Motor Vehicles may suspend any license or nonresident
operating privilege of such person effective as of the
date specified in a notice of such suspension to such
person. Any person whose license or operating privilege
has been suspended in accordance with this subdivision
shall automatically be entitled to a hearing before the
commissioner. The commissioner shall send a suspension
notice to such person informing such person that such
person's operator's license or nonresident operating
privilege is suspended as of the date specified in such
suspension notice, and that such person is entitled to a
hearing and may schedule such hearing by contacting the
Department of Motor Vehicles not later than seven days
after the date of mailing of such suspension notice. Any
suspension issued under this subdivision shall remain in
effect until such suspension is affirmed or such license
or operating privilege is reinstated in accordance with
subsections (f) and (h) of this section.
(f) If
such person does not contact the department to schedule
a hearing, the commissioner shall affirm the suspension
contained in the suspension notice for the appropriate
period specified in subsection (i) or (j) of this
section.
(g) If
such person contacts the department to schedule a
hearing, the department shall assign a date, time and
place for the hearing, which date shall be prior to the
effective date of the suspension, except that, with
respect to a person whose license or nonresident
operating privilege is suspended in accordance with
subdivision (2) of subsection (e) of this section, such
hearing shall be scheduled not later than thirty days
after such person contacts the department. At the
request of such person or the hearing officer and upon a
showing of good cause, the commissioner may grant one
continuance for a period not to exceed fifteen days. The
hearing shall be limited to a determination of the
following issues: (1) Did the police officer have
probable cause to arrest the person for operating a
motor vehicle while under the influence of intoxicating
liquor or any drug or both; (2) was such person placed
under arrest; (3) did such person refuse to submit to
such test or analysis or did such person submit to such
test or analysis, commenced within two hours of the time
of operation, and the results of such test or analysis
indicated that such person had an elevated blood alcohol
content; and (4) was such person operating the motor
vehicle. In the hearing, the results of the test or
analysis shall be sufficient to indicate the ratio of
alcohol in the blood of such person at the time of
operation, except that if the results of the additional
test indicate that the ratio of alcohol in the blood of
such person is twelve-hundredths of one per cent or less
of alcohol, by weight, and is higher than the results of
the first test, evidence shall be presented that
demonstrates that the test results and analysis thereof
accurately indicate the blood alcohol content at the
time of operation. The fees of any witness summoned to
appear at the hearing shall be the same as provided by
the general statutes for witnesses in criminal cases.
(h)
If, after such hearing, the commissioner finds on any
one of the said issues in the negative, the commissioner
shall reinstate such license or operating privilege. If,
after such hearing, the commissioner does not find on
any one of the said issues in the negative or if such
person fails to appear at such hearing, the commissioner
shall affirm the suspension contained in the suspension
notice for the appropriate period specified in
subsection (i) or (j) of this section. The commissioner
shall render a decision at the conclusion of such
hearing or send a notice of the decision by bulk
certified mail to such person not later than thirty days
or, if a continuance is granted, not later than
forty-five days from the date such person received
notice of such person's arrest by the police officer.
The notice of such decision sent by certified mail to
the address of such person as shown by the records of
the commissioner shall be sufficient notice to such
person that such person's operator's license or
nonresident operating privilege is reinstated or
suspended, as the case may be. Unless a continuance of
the hearing is granted pursuant to subsection (g) of
this section, if the commissioner fails to render a
decision within thirty days from the date such person
received notice of such person's arrest by the police
officer, the commissioner shall reinstate such person's
operator's license or nonresident operating privilege,
provided notwithstanding such reinstatement the
commissioner may render a decision not later than two
days thereafter suspending such operator's license or
nonresident operating privilege.
(i)
Except as provided in subsection (j) of this section,
the commissioner shall suspend the operator's license or
nonresident operating privilege of a person who did not
contact the department to schedule a hearing, who failed
to appear at a hearing or against whom, after a hearing,
the commissioner held pursuant to subsection (h) of this
section, as of the effective date contained in the
suspension notice or the date the commissioner renders a
decision, whichever is later, for a period of: (1) (A)
Except as provided in subparagraph (B) of this
subdivision, ninety days, if such person submitted to a
test or analysis and the results of such test or
analysis indicated that such person had an elevated
blood alcohol content, (B) one hundred twenty days, if
such person submitted to a test or analysis and the
results of such test or analysis indicated that the
ratio of alcohol in the blood of such person was
sixteen-hundredths of one per cent or more of alcohol,
by weight, or (C) six months if such person refused to
submit to such test or analysis, (2) if such person has
previously had such person's operator's license or
nonresident operating privilege suspended under this
section, (A) except as provided in subparagraph (B) of
this subdivision, nine months if such person submitted
to a test or analysis and the results of such test or
analysis indicated that such person had an elevated
blood alcohol content, (B) ten months if such person
submitted to a test or analysis and the results of such
test or analysis indicated that the ratio of alcohol in
the blood of such person was sixteen-hundredths of one
per cent or more of alcohol, by weight, and (C) one year
if such person refused to submit to such test or
analysis, and (3) if such person has two or more times
previously had such person's operator's license or
nonresident operating privilege suspended under this
section, (A) except as provided in subparagraph (B) of
this subdivision, two years if such person submitted to
a test or analysis and the results of such test or
analysis indicated that such person had an elevated
blood alcohol content, (B) two and one-half years if
such person submitted to a test or analysis and the
results of such test or analysis indicated that the
ratio of alcohol in the blood of such person was
sixteen-hundredths of one per cent or more of alcohol,
by weight, and (C) three years if such person refused to
submit to such test or analysis.
(j)
The commissioner shall suspend the operator's license or
nonresident operating privilege of a person under
twenty-one years of age who did not contact the
department to schedule a hearing, who failed to appear
at a hearing or against whom, after a hearing the
commissioner held pursuant to subsection (h) of this
section, as of the effective date contained in the
suspension notice or the date the commissioner renders a
decision whichever is later, for twice the appropriate
period of time specified in subsection (i) of this
section, except that, in the case of a person who is
sixteen or seventeen years of age at the time of the
alleged offense, the period of suspension for a first
offense shall be one year if such person submitted to a
test or analysis and the results of such test or
analysis indicated that such person had an elevated
blood alcohol content or eighteen months if such person
refused to submit to such test or analysis.
(k)
Notwithstanding the provisions of subsections (b) to
(j), inclusive, of this section, any police officer who
obtains the results of a chemical analysis of a blood
sample taken from an operator of a motor vehicle
involved in an accident who suffered or allegedly
suffered physical injury in such accident shall notify
the Commissioner of Motor Vehicles and submit to the
commissioner a written report if such results indicate
that such person had an elevated blood alcohol content,
and if such person was arrested for violation of section
14-227a in connection with such accident. The report
shall be made on a form approved by the commissioner
containing such information as the commissioner
prescribes, and shall be subscribed and sworn to under
penalty of false statement, as provided in section
53a-157b, by the police officer. The commissioner may,
after notice and an opportunity for hearing, which shall
be conducted in accordance with chapter 54, suspend the
motor vehicle operator's license or nonresident
operating privilege of such person for the appropriate
period specified in subsection (i) or (j) of this
section. Each hearing conducted under this subsection
shall be limited to a determination of the following
issues: (1) Whether the police officer had probable
cause to arrest the person for operating a motor vehicle
while under the influence of intoxicating liquor or drug
or both; (2) whether such person was placed under
arrest; (3) whether such person was operating the motor
vehicle; (4) whether the results of the analysis of the
blood of such person indicate that such person had an
elevated blood alcohol content; and (5) whether the
blood sample was obtained in accordance with conditions
for admissibility and competence as evidence as set
forth in subsection (j) of section 14-227a. If, after
such hearing, the commissioner finds on any one of the
said issues in the negative, the commissioner shall not
impose a suspension. The fees of any witness summoned to
appear at the hearing shall be the same as provided by
the general statutes for witnesses in criminal cases, as
provided in section 52-260.
(l)
The provisions of this section shall apply with the same
effect to the refusal by any person to submit to an
additional chemical test as provided in subdivision (5)
of subsection (b) of section 14-227a.
(m)
The provisions of this section shall not apply to any
person whose physical condition is such that, according
to competent medical advice, such test would be
inadvisable.
(n)
The state shall pay the reasonable charges of any
physician who, at the request of a municipal police
department, takes a blood sample for purposes of a test
under the provisions of this section.
(o)
For the purposes of this section, "elevated blood
alcohol content" means (1) a ratio of alcohol in the
blood of such person that is eight-hundredths of one per
cent or more of alcohol, by weight, or (2) if such
person is under twenty-one years of age, a ratio of
alcohol in the blood of such person that is
two-hundredths of one per cent or more of alcohol, by
weight.
(p)
The Commissioner of Motor Vehicles shall adopt
regulations, in accordance with chapter 54, to implement
the provisions of this section.
(1963,
P.A. 616, S. 2; February, 1965, P.A. 190; 1967, P.A.
656, S. 9; 721; P.A. 75-205; P.A. 80-438, S. 4; P.A.
81-446, S. 3; P.A. 82-403, S. 4; 82-408, S. 4; P.A.
83-534, S. 2; P.A. 85-596, S. 2; P.A. 89-314, S. 1, 5;
P.A. 90-263, S. 73, 74; P.A. 93-371, S. 1, 5; P.A.
94-189, S. 14; P.A. 95-279, S. 1, 2; P.A. 98-182, S. 20,
22; P.A. 99-255, S. 2; P.A. 02-70, S. 72; May 9 Sp.
Sess. P.A. 02-1, S. 109; P.A. 03-278, S. 48, 49; P.A.
04-250, S. 1; P.A. 05-215, S. 6; Jan. Sp. Sess. P.A.
08-1, S. 34; P.A. 08-32, S. 1.)
History: 1965 act added provision re implied consent of
parents or guardian of minor; 1967 acts required state
to pay charges of physician who takes blood sample at
police department's request, required arrested person to
be informed of constitutional rights, required that
three conditions be met for suspension or revocation of
license rather than that single condition, i.e. that
person was operating vehicle, be met and made provisions
inapplicable if charge nolled or changed; P.A. 75-205
included reference to urine tests and to operation of
vehicle under influence of drug or both drug and
alcohol; P.A. 80-438 specified that judge rather than
court or jury is responsible for making finding and
added provision re finding in case where charge nolled
or changed, allowed suspension or revocation for maximum
of 6 months rather than upon terms and conditions of
commissioner and deleted previous provision excluding
nolled or changed charge; P.A. 81-446 added the
provisions that the license of any person who refuses to
submit to test shall be automatically suspended for 90
days, that police officer shall file a written report of
such refusal, and that any person whose operating
privilege has been suspended in accordance with this
section shall be entitled to an immediate hearing before
the commissioner; P.A. 82-403 amended Subsec. (b) by
replacing the provision that a license will be suspended
"for a period of ninety days" with "in accordance with
the provisions of subsections (d) and (e) of this
section", amended Subsec. (c) by adding "resulting in
erratic driving, a motor vehicle violation or a motor
vehicle accident", amended Subsec. (d) by specifying its
provisions concerned "a first" refusal, made Subsec. (e)
a part of Subsec. (d) and added a new Subsec. (e)
concerning the hearing procedure for license suspension
upon a second or subsequent refusal and the period of
such suspension; P.A. 82-408 added provisions re
revocation of license for 24-hour period; P.A. 83-534
amended the section to make it applicable to a person
arrested for operating a motor vehicle "while his
ability to operate such motor vehicle is impaired by the
consumption of intoxicating liquor", amended Subsec. (b)
to authorize the police officer to designate which test
the arrested person shall take, to provide that if the
person refuses or is unable to submit to a blood test
the police officer shall designate the breath or urine
test, to require the police officer to inform the person
that evidence of refusal to submit to a test will be
admissible and may be used against him in a criminal
prosecution and to require the police officer to make a
record that he informed the person that refusal to take
the test would cause suspension of his driver's license,
amended Subsec. (d) to increase from 90 days to 6 months
the period of license suspension upon a first refusal,
and amended Subsec. (f) to change its applicability from
a person who refuses to take a test for the "second or
subsequent" time to a person whose license has
previously been suspended for a refusal, who has
previously been found guilty of operating under the
influence or who has previously participated in the
pretrial alcohol education system; P.A. 85-596 amended
Subsec. (b) to add requirement of affording an operator
a reasonable opportunity to telephone an attorney prior
to the performance of the test and inserted a new Subsec.
(g) re the applicability of the provisions of the
section to a refusal to submit to an additional test and
relettered the remaining Subsecs. accordingly; P.A.
89-314 extensively revised section by making the
provisions applicable to any person who is arrested for
manslaughter in the second degree with a motor vehicle
or assault in the second degree with a motor vehicle and
to any person who submits to a test or analysis where
the results of such test or analysis indicate that at
the time of the alleged offense the ratio of alcohol in
the blood of such person was 0.10% or more of alcohol,
by weight, by amending Subsec. (c) to require the
arresting police officer "acting on behalf of the
commissioner of motor vehicles" to "take possession" of
the license or "suspend" the nonresident operating
privilege for 24 hours, issue a temporary operator's
license or nonresident operating privilege valid for the
period commencing 24 hours after issuance and ending 35
days after the date such person received notice of his
arrest, prepare a report of the incident and mail the
report together with a copy of the completed temporary
license form, any operator's license and a copy of the
results of any chemical test or analysis to the
department of motor vehicles within 3 business days, and
require that the report be made by the police officer
before whom such refusal was made "or who administered
or caused to be administered such test or analysis", by
amending Subsec. (d) to replace provisions requiring the
commissioner upon receipt of a report of a first refusal
to suspend a license for 6 months with provisions
requiring the commissioner upon receipt of a report to
suspend the license "effective as of a date certain,
which date shall be not later than thirty-five days
after the date such person received notice of his arrest
by the police officer" and to add provisions requiring
the commissioner to send the person a suspension notice
and specifying the contents of such notice, by deleting
Subsec. (e) re police procedure when a license is
revoked for 24 hours, by deleting Subsec. (f) re the
scheduling of a hearing, the issues at the hearing and
the suspension for one year for a refusal and three
years for a subsequent refusal of the license or
privilege of a person whose license or privilege had
previously been suspended for a refusal, who had
previously been found guilty of operating while under
the influence or who had previously participated in the
pretrial alcohol education system, by adding a new
Subsec. (e) to require the commissioner to affirm the
suspension if the person does not schedule a hearing, by
adding a new Subsec. (f) re the scheduling and holding
of the hearing, the granting of a continuance, the
extension of the validity of the temporary license and
the issues to be determined at the hearing, formerly
part of Subsec. (d), by designating the last sentence of
Subsec. (d) as Subsec. (g) and adding provisions re
affirmation of the suspension contained in the
suspension notice if the commissioner does not find on
any one of the said issues in the negative or if the
person fails to appear at the hearing, time periods for
rendering a decision and sending notice of such
decision, and the reinstatement of the license if the
commissioner fails to timely render a decision, by
adding a new Subsec. (h) re the suspension by the
commissioner of the license or privilege, the revocation
by the commissioner of the temporary license or
privilege, and the periods of license suspension, by
redesignating Subsecs. (g), (h) and (i) as Subsecs. (i),
(j) and (k), respectively, and by adding Subsec. (l) re
regulations; P.A. 90-263 amended Subsec. (f) to require
that fees of witnesses summoned to appear at the hearing
be the same as provided by the general statutes for
witnesses in criminal cases; P.A. 93-371 eliminated the
requirement that the test results indicate an elevated
blood alcohol ratio "at the time of the alleged offense"
by deleting that phrase where appearing, amended Subsec.
(c) to require the test or analysis be commenced within
two hours of the time of operation and require the
report to be "subscribed" and sworn to under penalty of
false statement by "the arresting officer" rather than
by "the police officer before whom such refusal was made
or who administered or caused to be administered such
test or analysis", amended Subsec. (f) to authorize the
granting of a continuance "at the request of such person
or the hearing officer", provide in Subdiv. (3) that
part of the issue to be determined is whether the test
or analysis was commenced within two hours of the time
of operation and added provision requiring evidence be
presented that the test results and analysis thereof
indicate the blood alcohol content at the time of
operation when the additional test indicates the blood
alcohol ratio is 0.12% or less and is higher than the
results of the first test and amended Subsec. (g) to
authorize the commissioner to send a notice of his
decision by "bulk" certified mail and replace "Unless a
continuance is granted to such person" with "Unless a
continuance of the hearing is granted", effective July
1, 1993 (Revisor's note: Towards the end of Subsec. (f)
the phrase "twelve-hundredths of one per cent or less or
alcohol, by weight," was changed editorially by the
Revisors to "twelve-hundredths of one per cent or less
of alcohol, by weight," for consistency); P.A. 94-189
amended Subsec. (c) by decreasing the time period during
which a temporary license or nonresident operating
privilege is valid from 35 to 30 days after the date of
receipt of notice of arrest, amended Subsec. (d) by
changing the effective date of suspension from not later
than 35 days to not later than 30 days after the date of
receipt of notice of arrest, amended Subsec. (f) by
increasing the continuance period from "not to exceed
ten days" to "not to exceed fifteen days", amended
Subsec. (g) by decreasing the time period for rendering
a decision or sending a notice of decision from 35 to 30
days and amended Subdiv. (1) of Subsec. (h) by deleting
"at the time of the alleged offense" before "the ratio
of alcohol in the blood"; P.A. 95-279 amended Subsecs.
(b), (c) and (f) to delete reference to manslaughter in
the second degree with a motor vehicle or assault in the
second degree with a motor vehicle, and amended Subsecs.
(b) and (d) to make suspension of license discretionary
rather than mandatory for refusal to submit to test or
for submission to test and results indicating that ratio
of alcohol in the blood of such operator was 0.10% or
more of alcohol, by weight, or, in the case of Subsec.
(d) upon receipt of report by commissioner, effective
July 6, 1995; P.A. 98-182 added a new Subsec. (d) re
procedures for a police officer to take possession of a
motor vehicle operator's license and added a new Subsec.
(j) re submission of a chemical analysis of a blood
sample of a motor vehicle operator and report to the
commissioner, and hearing procedures re license
suspension, effective January 1, 1999; P.A. 99-255 made
provisions applicable when a person has "an elevated
blood alcohol content" rather than when "the ratio of
alcohol in the blood of such person was 0.10% or more of
alcohol, by weight", added Subsec. (i)(1)(B) to provide
for a suspension period of 120 days, "if such person
submitted to a test or analysis and the results of such
test or analysis indicated that the ratio of alcohol in
the blood of such person was 0.16% or more of alcohol,
by weight", redesignating former Subpara. (B) as Subpara.
(C), to revised Subsec. (i)(2) by replacing provision
that specified a uniform suspension period of one year
with provisions of Subparas. (A), (B) and (C) specifying
a suspension period of 9 months if the person submitted
to a test or analysis and had an elevated blood alcohol
content, 10 months if the person submitted to a test or
analysis and had a blood alcohol ratio of 0.16% or more
of alcohol, by weight, and one year if the person
refused to submit to a test or analysis, respectively,
and revised Subsec. (i)(3) by replacing provision that
specified a uniform suspension period of two years with
provisions of Subparas. (A), (B) and (C) specifying a
suspension period of two years if the person submitted
to a test or analysis and had an elevated blood alcohol
content, two and one-half years if the person submitted
to a test or analysis and had a blood alcohol ratio of
0.16% or more of alcohol, by weight, and three years if
the person refused to submit to a test or analysis,
respectively, added new Subsec. (n) defining "elevated
blood alcohol content", redesignating former Subsec. (n)
as Subsec. (o), and made technical changes for purposes
of gender neutrality; P.A. 02-70 amended Subsec. (c) to
eliminate requirement that police officer issue a
temporary operator's license or nonresident operating
privilege and to eliminate requirement that police
officer mail to Department of Motor Vehicles a copy of
completed temporary license form and any operator's
license taken into possession, effective July 1, 2002;
May 9 Sp. Sess. P.A. 02-1 amended Subsecs. (b), (c),
(g), and (j) to eliminate references to operating a
motor vehicle while the person's ability is impaired by
the consumption of intoxicating liquor, amended Subsec.
(n) to reduce ratio of alcohol in blood from 0.10% to
0.08% or more of alcohol in definition of "elevated
blood alcohol content", eliminate from such definition
former Subdiv. (2) providing "if such person has been
convicted of a violation of subsection (a) of section
14-227a, a ratio of alcohol in the blood of such person
that is 0.07% or more of alcohol, by weight" and
redesignate existing Subdiv. (3) as Subdiv. (2), and
made technical changes in Subsecs. (b), (j) and (k),
effective July 1, 2002; P.A. 03-278 made technical
changes in Subsecs. (g) and (i), effective July 9, 2003;
P.A. 04-250 amended Subsec. (e) by designating existing
provisions as Subdiv. (1), making conforming changes
therein, and adding Subdiv. (2) to permit commissioner
to suspend license or operating privilege, upon notice
and prior to hearing, of person arrested for operating
motor vehicle under influence of alcohol or drugs if
person involved in accident resulting in fatality or
previously arrested under Sec. 14-227a during preceding
10-year period, amended Subsec. (g) to require hearing
re license or operating privilege suspension not later
than 30 days after person contacts department and made
technical changes in Subsec. (o); P.A. 05-215 amended
Subsecs. (f) and (h) re suspension period to add
reference to Subsec. (j), amended Subsec. (i) to add
exception for suspensions under Subsec. (j), added new
Subsec. (j) re increased suspension period for a person
under 21 years of age, redesignated existing Subsecs.
(j) to (o) as Subsecs. (l) to (p), and amended Subsec.
(k) to replace "subsections (b) to (i), inclusive" with
"subsections (b) to (j), inclusive", effective January
1, 2006; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (k) to
replace authorized suspension of "a period of up to
ninety days, or, if such person has previously had such
person's operator's license or nonresident operating
privilege suspended under this section for a period of
up to one year" with "the appropriate period specified
in subsection (i) or (j) of this section", effective
January 25, 2008; P.A. 08-32 amended Subsec. (j) to add
exception to period of suspension for first offense of
persons 16 or 17 years of age, of 1 year for elevated
blood alcohol content or 18 months for refusal to submit
to test, effective August 1, 2008.
|
